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ACT No. 455
Regular Session, 2012
HOUSE BILL NO. 696
BY REPRESENTATIVE ST. GERMAIN
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
vehicles, make available to the office of motor vehicles all arrest and conviction22
information contained in the bureau's criminal history record and identification files23
which pertain to the principal. In addition, in order to determine a principal's24 ENROLLEDHB NO. 696
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eligibility or suitability, the fingerprints shall be forwarded by the bureau to the1
Federal Bureau of Investigation for a national criminal history record check.2
(iii) The office of motor vehicles may submit fingerprint cards or other3
identifying information of a person seeking employment with the office of motor4
vehicles whose duties will include the issuance of commercial driver's licenses or5
any current office of motor vehicles employee who as part of his employment issues6
commercial driver's licenses. The bureau shall, upon request and after receipt of7
fingerprint cards or other identifying information from the office of motor vehicles,8
make available to the office of motor vehicles all arrest and conviction information9
contained in the bureau's criminal history record and identification files which10
pertain to the employee or potential employee. In addition, in order to determine an11
employee or potential employee's eligibility or suitability, the fingerprints shall be12
forwarded by the bureau to the Federal Bureau of Investigation for a national13
criminal history record check.14
(iv) The office of motor vehicles shall submit fingerprint cards or other15
identifying information to the bureau of any person who applies to be an auto title16
company or a public tag agent pursuant to R.S. 32:375 et seq. and R.S. 47:532.1 and17
of any person who works for any such business who will process transactions for18
such office. Upon request and after receipt of fingerprint cards or other identifying19
information from the office of motor vehicles, the bureau shall provide any arrest20
and conviction information contained in the bureau's criminal history record and21
identification files for the principal of such applicants. Additionally, the bureau shall22
forward the fingerprints of such applicants' principal to the Federal Bureau of23
Investigation for a national criminal history record check.24
(v) The office of motor vehicles shall submit fingerprint cards or other25
identifying information to the bureau of any person who applies to or contracts with26
such office to handle or process any transaction or inquiry. Upon request and after27
receipt of fingerprint cards or other identifying information from the office of motor28
vehicles, the bureau shall provide to such office any arrest and conviction29
information contained in the bureau's criminal history record and identification files30 ENROLLEDHB NO. 696
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for the principal of such applicants or contractors. Additionally, the bureau shall1
forward the fingerprints of such applicant or contractor's principal to the Federal2
Bureau of Investigation for a national criminal history record check.3
* * *4
Section 2. R.S. 32:408(A)(4)(b) and (d), (B)(2)(introductory paragraph) and (a)(ii)5
and (F)(1) are hereby amended and reenacted and R.S. 32:408.1(5) and 414(K)(3) are hereby6
enacted to read as follows:7
§408. Examination of applicants required; classes of licenses8
A.9
* * *10
(4)11
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(b) All third party third-party examiners shall meet the same qualifications13
and training as state examiners to the extent necessary to conduct knowledge and14
skills tests in compliance with this Subsection. Department employees shall at least15
annually every two years take the tests actually administered by the third party as if16
the employee were a test applicant, or the department shall at least annually test a17
sample of drivers who were examined by the third party to compare pass/fail results.18
These requirements and conditions shall be included in any third party third-party19
contract or agreement and shall be a part of any license, certificate, or permit issued20
to such third parties. The department shall devise a system to regulate such third21
parties and the regulations shall have the full force and effect of law.22
* * *23
(d) The third party shall provide evidence to the applicant who has24
successfully passed the written knowledge and driving skills tests on a form25
approved by the department. The applicant shall provide this form to the department26
before being issued a commercial driver's license proof of testing in a manner27
prescribed by the department.28
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B.1
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(2) A commercial driver's license shall be required when a vehicle is used3
in commerce as defined in this Chapter, and is a commercial motor vehicle as4
defined in this Chapter. A farmer shall not need a commercial driver's license when5
operating a motor vehicle as provided for in Subparagraph (e) of this Paragraph. The6
department may elect to or, if required by the Federal Highway Administration, shall7
change the weight and passenger limits expressed herein to conform to regulations8
by the Federal Highway Administration. The department shall do so by regulations9
promulgated in accordance with the Administrative Procedure Act subject to10
oversight by the Joint Legislative Committee on Transportation, Highways and11
Public Works. A commercial learner's permit issued to an individual of this state or12
another jurisdiction, in accordance with rules and regulations of the Federal Motor13
Carrier Administration, when carried with a valid driver's license issued by the same14
state or jurisdiction, authorizes the permittee to operate a class of commercial motor15
vehicle when accompanied by a holder of a valid commercial driver's license for16
purposes of behind-the-wheel training. When issued to the holder of a commercial17
driver's license, a commercial learner's permit serves as authorization to take part in18
behind-the-wheel training in a commercial motor vehicle for which the driver is not19
licensed to drive. The different classes of drivers' licenses to be issued shall be as20
follows:21
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(a)23
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(ii) Restriction. An individual who takes a skills test for a Class "A"25
Commercial Driver's License in a motor vehicle other than a tractor-trailer26
combination, sometimes referred to as an "eighteen wheeler", shall be issued a27
license with a restriction prohibiting the operation of a tractor-trailer combination.28
This restriction shall be lifted only if the individual successfully completes a skills29
test in a tractor-trailer combination. In all cases, the party completing the skills test30 ENROLLEDHB NO. 696
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certificate shall fully describe on the face of the certificate the vehicle in which the1
skills test was administered. For purposes of this Item, a power unit with a gross2
vehicle weight rating of less than twenty-six thousand one pounds shall not qualify3
as the tractor portion of a tractor-trailer combination. An individual who takes a4
skills test for a Class "A" commercial driver's license in a motor vehicle with the5
power unit and towed unit connected with a pintel hook or other non-fifth wheel6
connection, shall be issued a license with a restriction prohibiting the operation of7
a tractor-trailer combination connected by a fifth wheel that requires a Class "A"8
commercial driver's license.9
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F.(1) The department shall make provisions for testing noncommercial11
driver's license or special certificate applicants in languages other than English and12
for testing deaf applicants. However, this shall not be construed to require the13
department to furnish an interpreter. Except as required by 49 CFR Part 383.133, a14
skills test for a commercial driver's license shall be conducted in English without the15
use of interpreters.16
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§408.1. Third party Third-party testing; proof of testing18
The Department of Public Safety and Corrections, public safety services, may19
contract with or license another state, an employer, a private driver training facility,20
driver education course provider, or other private institution, or a department,21
agency, or instrumentality of a local government to administer the skills tests as22
specified herein if all of the following conditions are met:23
* * *24
(5) The principal of the third-party examiner or tester who has or is seeking25
a contract with the Department of Public Safety and Corrections, public safety26
services, to administer commercial driving examinations and tests shall consent to,27
pass, and pay the costs of an annual background check.28
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§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review1
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K.3
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(3) Reinstatement under this provision does not apply to the commercial5
driver's license (CDL) disqualification of the license.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: