HLS 12RS-840 REENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 696
BY REPRESENTATIVE ST. GERMAIN
MTR VEHICLE/COMMERCIAL: Provides for the testing and licensing of commercial
motor vehicle drivers and third parties who give commercial motor vehicle driving
tests and examinations
AN ACT1
To amend and reenact R.S. 15:587(A)(1)(e) and R.S. 32:408(A)(4)(b) and (d),2
(B)(2)(introductory paragraph) and (a)(ii) and (F)(1) and to enact R.S. 32:408.1(5)3
and 414(K)(3), relative to commercial motor vehicle driver's licenses; to provide for4
background checks; to provide for commercial motor vehicle driver's licenses tests5
matters; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:587(A)(1)(e) is hereby amended and reenacted to read as follows:8
§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal9
Identification and Information10
A.(1)11
* * *12
(e)(i) The office of motor vehicles shall be entitled to the criminal history13
record and identification files of the bureau of any person who is required to register14
as a sex offender pursuant to R.S. 15:542 et seq., and who is seeking a driver's15
license or required to obtain a special identification card pursuant to R.S. 40:1321(J).16
(ii) The office of motor vehicles shall submit fingerprint cards or other17
identifying information of the principal of any third-party tester or examiner who has18
or is seeking a contract to administer commercial driving examinations and tests19
pursuant to R.S. 32:408.1 to the bureau. The bureau shall, upon request and after20
receipt of fingerprint cards or other identifying information from the office of motor21 HLS 12RS-840 REENGROSSED
HB NO. 696
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vehicles, make available to the office of motor vehicles all arrest and conviction1
information contained in the bureau's criminal history record and identification files2
which pertain to the principal. In addition, in order to determine a principal's3
eligibility or suitability, the fingerprints shall be forwarded by the bureau to the4
Federal Bureau of Investigation for a national criminal history record check.5
(iii) The office of motor vehicles may submit fingerprint cards or other6
identifying information of a person seeking employment with the office of motor7
vehicles whose duties will include the issuance of commercial driver's licenses or8
any current office of motor vehicles employee who as part of his employment issues9
commercial driver's licenses. The bureau shall, upon request and after receipt of10
fingerprint cards or other identifying information from the office of motor vehicles,11
make available to the office of motor vehicles all arrest and conviction information12
contained in the bureau's criminal history record and identification files which13
pertain to the employee or potential employee. In addition, in order to determine an14
employee or potential employee's eligibility or suitability, the fingerprints shall be15
forwarded by the bureau to the Federal Bureau of Investigation for a national16
criminal history record check.17
* * *18
Section 2. R.S. 32:408(A)(4)(b) and (d), (B)(2)(introductory paragraph) and (a)(ii)19
and (F)(1) are hereby amended and reenacted and R.S. 32:408.1(5) and 414(K)(3) are hereby20
enacted to read as follows:21
§408. Examination of applicants required; classes of licenses22
A.23
* * *24
(4)25
* * *26
(b) All third party third-party examiners shall meet the same qualifications27
and training as state examiners to the extent necessary to conduct knowledge and28
skills tests in compliance with this Subsection. Department employees shall at least29 HLS 12RS-840 REENGROSSED
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annually every two years take the tests actually administered by the third party as if1
the employee were a test applicant, or the department shall at least annually test a2
sample of drivers who were examined by the third party to compare pass/fail results.3
These requirements and conditions shall be included in any third party third-party4
contract or agreement and shall be a part of any license, certificate, or permit issued5
to such third parties. The department shall devise a system to regulate such third6
parties and the regulations shall have the full force and effect of law.7
* * *8
(d) The third party shall provide evidence to the applicant who has9
successfully passed the written knowledge and driving skills tests on a form10
approved by the department. The applicant shall provide this form to the department11
before being issued a commercial driver's license proof of testing in a manner12
prescribed by the department.13
* * *14
B.15
* * *16
(2) A commercial driver's license shall be required when a vehicle is used17
in commerce as defined in this Chapter, and is a commercial motor vehicle as18
defined in this Chapter. A farmer shall not need a commercial driver's license when19
operating a motor vehicle as provided for in Subparagraph (e) of this Paragraph. The20
department may elect to or, if required by the Federal Highway Administration, shall21
change the weight and passenger limits expressed herein to conform to regulations22
by the Federal Highway Administration. The department shall do so by regulations23
promulgated in accordance with the Administrative Procedure Act subject to24
oversight by the Joint Legislative Committee on Transportation, Highways and25
Public Works. A commercial learner's permit issued to an individual of this state or26
another jurisdiction, in accordance with rules and regulations of the Federal Motor27
Carrier Administration, when carried with a valid driver's license issued by the same28
state or jurisdiction, authorizes the permittee to operate a class of motor vehicle29 HLS 12RS-840 REENGROSSED
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when accompanied by a holder of a valid commercial driver's license for purposes1
of behind-the-wheel training. When issued to the holder of a commercial driver's2
license, a commercial learner's permit serves as authorization to take part in behind-3
the-wheel training in a commercial motor vehicle for which the driver is not licensed4
to drive. The different classes of drivers' licenses to be issued shall be as follows:5
* * *6
(a)7
* * *8
(ii) Restriction. An individual who takes a skills test for a Class "A"9
Commercial Driver's License in a motor vehicle other than a tractor-trailer10
combination, sometimes referred to as an "eighteen wheeler", shall be issued a11
license with a restriction prohibiting the operation of a tractor-trailer combination.12
This restriction shall be lifted only if the individual successfully completes a skills13
test in a tractor-trailer combination. In all cases, the party completing the skills test14
certificate shall fully describe on the face of the certificate the vehicle in which the15
skills test was administered. For purposes of this Item, a power unit with a gross16
vehicle weight rating of less than twenty-six thousand one pounds shall not qualify17
as the tractor portion of a tractor-trailer combination. An individual who takes a18
skills test for a Class "A" commercial driver's license in a motor vehicle with the19
power unit and towed unit connected with a pintel hook or other non-fifth wheel20
connection, shall be issued a license with a restriction prohibiting the operation of21
a tractor-trailer combination connected by a fifth wheel that requires a Class "A"22
commercial driver's license.23
* * *24
F.(1) The department shall make provisions for testing noncommercial25
driver's license or special certificate applicants in languages other than English and26
for testing deaf applicants. However, this shall not be construed to require the27
department to furnish an interpreter. Except as required by 49 CFR Part 383.133, a28 HLS 12RS-840 REENGROSSED
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skills test for a commercial driver's license shall be conducted in English without the1
use of interpreters.2
* * *3
§408.1. Third party Third-party testing; proof of testing4
The Department of Public Safety and Corrections, public safety services, may5
contract with or license another state, an employer, a private driver training facility,6
driver education course provider, or other private institution, or a department,7
agency, or instrumentality of a local government to administer the skills tests as8
specified herein if all of the following conditions are met:9
* * *10
(5) The principal of the third-party examiner or tester who has or is seeking11
a contract with the Department of Public Safety and Corrections, public safety12
services, to administer commercial driving examinations and tests shall consent to,13
pass, and pay the costs of an annual background check.14
* * *15
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review16
* * *17
K.18
* * *19
(3) Reinstatement under this provision does not apply to the commercial20
driver's license (CDL) disqualification of the license.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 696
Abstract: Provides for the testing and licensing of commercial motor vehicle drivers and
third parties who give commercial motor vehicle driving tests and examinations.
Present law provides that OMV shall be entitled to the criminal history record and
identification files of the bureau of any person who is required to register as a sex offender
pursuant to R.S. 15:542 et seq., and who is seeking a driver's license or required to obtain
a special identification card. HLS 12RS-840 REENGROSSED
HB NO. 696
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are additions.
Proposed law provides that OMV shall submit fingerprint cards or other identifying
information of the principal of any third-party tester or examiner who has or is seeking a
contract to administer commercial driving examinations and tests to the bureau. The bureau
shall, upon request and after receipt of fingerprint cards or other identifying information
from OMV, make available to OMV all arrest and conviction information contained in the
bureau's criminal history record and identification files which pertains to the principal. In
addition, in order to determine a principal's eligibility or suitability, the fingerprints shall be
forwarded by the bureau to the FBI for a national criminal history record check.
Proposed law provides that OMV may submit fingerprint cards or other identifying
information of a person seeking employment with OMV whose duties will include the
issuance of commercial drivers' licenses or any current OMV employee who as part of his
employment issues commercial driver's licenses. The bureau shall, upon request and after
receipt of fingerprint cards or other identifying information from OMV, make available to
OMV all arrest and conviction information contained in the bureau's criminal history record
and identification files which pertains to the employee or potential employee. In addition,
in order to determine an employee or potential employee's eligibility or suitability, the
fingerprints shall be forwarded by the bureau to the FBI for a national criminal history
record check.
Present law provides that all third-party examiners shall meet the same qualifications and
training as state examiners to the extent necessary to conduct knowledge and skills tests in
compliance with present law. Department employees shall, at least annually, take the tests
actually administered by the third-party as if the employee were a test applicant, or the
department shall, at least annually, test a sample of drivers who were examined by the third-
party to compare pass/fail results.
Proposed law provides that all third-party examiners shall meet the same qualifications and
training as state examiners to the extent necessary to conduct knowledge and skills tests in
compliance with proposed law. DPS&C employees shall at least every two years take the
tests actually administered by the third party as if the employee were a test applicant, or the
department shall test a sample of drivers who were examined by the third party to compare
pass/fail results.
Present law provides that the third party shall provide evidence to the applicant who has
successfully passed the written knowledge and driving skills tests on a form approved by the
department. The applicant shall provide this form to the department before being issued a
commercial driver's license.
Proposed law provides that the third party shall provide proof of testing in a manner
prescribed by the department.
Proposed law provides that a commercial learner's permit issued to an individual of this state
or another jurisdiction, in accordance with rules and regulations of the Federal Motor Carrier
Administration, when carried with a valid driver's license issued by the same state or
jurisdiction, authorizes the permittee to operate a class of motor vehicle when accompanied
by a holder of a valid commercial driver's license for purposes of behind-the-wheel training.
When issued to the holder of a commercial driver's license, a commercial learner's permit
serves as authorization to take part in behind-the-wheel training in a commercial motor
vehicle for which the driver is not licensed to drive.
Proposed law provides that an individual who takes a skills test for a Class "A" commercial
driver's license in a motor vehicle with the power unit and towed unit connected with a pintel
hook or other non-fifth wheel connection, shall be issued a license with a restriction
prohibiting the operation of a tractor-trailer combination connected by a fifth wheel that
requires a Class "A" commercial driver's license. HLS 12RS-840 REENGROSSED
HB NO. 696
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are additions.
Proposed law provides that except as required by 49 CFR Section 383.133, a skills test for
a commercial driver's license shall be conducted in English without the use of interpreters.
Proposed law provides that the principal of the third-party examiner or tester who has or is
seeking a contract with DPS&C, public safety services, to administer commercial driving
examinations and tests shall consent to, pass, and pay the costs of an annual background
check.
Present law provides that when any person's driver's license has been seized, suspended, or
revoked, and the seizure, suspension, or revocation is connected to a charge or charges of
violation of a criminal law, and the charge or charges do not result in a conviction, plea of
guilty, or bond forfeiture, the person charged will have his license immediately reinstated
and will not be required to pay a reinstatement fee if at the time for reinstatement of driver's
license, it can be shown that the criminal charges have been dismissed or that there has been
a permanent refusal to charge a crime by the appropriate prosecutor or there has been an
acquittal.
Proposed law provides that reinstatement under present law does not apply to the
commercial driver's license disqualification of the license.
(Amends R.S. 15:587(A)(1)(e) and R.S. 32:408(A)(4)(b) and (d), (B)(2)(intro. para.) and
(a)(ii) and (F)(1); Adds R.S. 32:408.1(5) and 414(K)(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Made changes to method by which OMV can obtain background information on
third-party testers and examiners who administer or will administer examinations
for commercial drivers' licenses.
2. Made changes to method by which OMV can obtain background information on
OMV employees or potential employees whose job duties include or will include
the issuance of commercial drivers' licenses.
3. Clarified that certain reinstatement procedures following the seizure, suspension,
or revocation, of a driver's license following a DWI do not apply to apply to the
commercial driver's license disqualification of the license.