SB 658 - AS AMENDED BY THE SENATE
SENATE BILL 658
SPONSORS: Sen. Birdsell, Dist 19; Sen. Ward, Dist 8; Sen. Watters, Dist 4
This bill clarifies which federal motor carrier safety regulations may be adopted by the commissioner of the department of safety as administrative rules, and repeals the authority of the commissioner to waive the skills test for an applicant for commercial driver's license.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/06/2020 0283s 20-2951
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. The commissioner may adopt as rules, under RSA 541-A, the current version of the federal motor carrier safety regulations promulgated by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration and Federal Motor Carrier Safety Administration, contained in 49 C.F.R. parts 107, 380, and 382[, and 385]-397. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on the part of the commissioner. The commissioner shall be authorized to exempt vehicles and drivers operating exclusively in intrastate commerce from such rules which the commissioner determines impose an unnecessary regulatory burden without providing a corresponding safety benefit.
263:87 Commercial Driver License Qualification Standards.
[I.] No person shall be issued a commercial driver license unless that person is a resident of the state of New Hampshire and has passed a knowledge and skills test for driving a commercial motor vehicle. The knowledge and skills test shall comply with minimum federal standards established by federal regulation, as enumerated in 49 C.F.R. part 383, sub-parts G and A, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department. The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test in accordance with 49 C.F.R. part 383.
[II. The department may waive the skills test for a commercial driver license applicant who meets the following requirements:
(a) The applicant has a minimum of 2 years of recent experience driving a vehicle that is representative of the group of vehicles for which he wishes to obtain a commercial driver license;
(b) The applicant's employer has provided certification to the division of motor vehicles that indicates that the applicant has the experience as required in subparagraph (a);
(c) The applicant holds a commercial light, commercial heavy or tractor-trailer or commercial driver license at the time he applies for the commercial driver license, and is regularly employed as a commercial motor vehicle driver; and
(d) The applicant has a driving record that is free of license suspensions, revocations, or cancellations, and free of disqualifying offenses, for a 2-year period immediately prior to applying for a commercial driver license.]
|Jan. 28, 2020||Senate||Hearing|
|Feb. 6, 2020||Senate||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and Referred to Transportation; SJ 2|
|Jan. 28, 2020||Hearing: 01/28/2020, Room 103, LOB, 02:30 pm; SC 3|
|Feb. 6, 2020||Committee Report: Ought to Pass with Amendment # 2020-0283s, 02/06/2020; Vote 5-0; CC; SC 5|
|Committee Report: Ought to Pass with Amendment # 2020-0283s; Vote 5-0; CC SC 5|
|Feb. 6, 2020||Committee Amendment # 2020-0283s, AA, VV; 02/06/2020; SJ 3|
|Feb. 6, 2020||Ought to Pass with Amendment 2020-0283s, MA, VV; OT3rdg; 02/06/2020; SJ 3|
|Feb. 20, 2020||Introduced 02/20/2020 and referred to Transportation|
|June 30, 2020||Vacated and Laid on Table MA VV 06/30/2020|