DMV safety chief tells House panel S.326 would let state workers drive heavy trucks during governor‑declared emergencies

Matthew Nesto, chief of safety at the Department of Motor Vehicles, told the House Transportation Committee on April 9 that S.326 is intended to permit certain state and municipal employees to operate vehicles exceeding 26,000 pounds without a commercial driver license during narrowly defined, governor‑declared emergencies.

“Drivers of state vehicles that are in excess of 26,000 pounds — 26,001 pounds require CDLs,” Nesto said, explaining that the bill’s purpose is to ‘‘solidify practices’’ used in rare emergency circumstances so employees can perform imminent life‑saving or rescue operations.

The bill, as described in committee testimony, would apply only to intrastate operations and — if a declaration is made by the governor or a designated official — the state would file notice with the Federal Motor Carrier Safety Administration. Nesto told the committee the language references the federal rule excerpted in the transcript as “383.3,” which he said recognizes that governments may exempt certain operations from full federal requirements when limited to imminent human‑risk situations.

Committee members pressed several practical points. Representative Bouch asked whether the proposed exemption parallels the federal carve‑outs that apply to snow removal in small municipalities; Nesto said the federal allowance described in testimony is narrower and tied to municipal snow‑removal in limited population settings, while the bill’s drafters intended a broader emergency‑response scope. "The purpose of this is imminent life saving," Nesto said.

Members asked how long an exemption could remain in effect and who would be eligible. Nesto said those time limits and any operational parameters should be explicit in the governor’s declaration and that department or district transportation managers would identify and approve the small number of employees needed for a specific emergency assignment. "It would have to be, I believe, ... someone in that transportation mechanism, like just district transportation manager," he said.

Lawmakers also raised safety and certification concerns. One committee member noted that CDLs include specialized endorsements for air brakes, tankers and hazardous materials. "CDLs have multiple levels of certifications from air brakes to hazmat," the member said, and observed that the draft did not specify endorsements or how they would be handled. Nesto acknowledged the issue and said many state vehicles rarely carry hazardous materials and that some larger emergency vehicles operate without CDLs under existing local practices.

A panel member and a witness recounted local practice examples: a former volunteer fire chief described how many volunteer fire departments authorize members to operate vehicles heavier than 26,000 pounds under local training and oversight rather than federal CDL certification. Rose Zunberg told the committee she had read about a resident operating heavy machinery on a roadway without a CDL and questioned enforcement; Nesto replied enforcement involves practical judgment and that inspectors are unlikely to issue citations in some on‑the‑spot circumstances.

The committee did not take a vote on S.326 during this hearing. Members signaled they want clearer statutory language about who may be exempted, how long exemptions last, how approvals will be tracked and how specialized endorsements (air‑brake, tanker, hazmat) will be addressed. Staff said additional testimony was scheduled later in the day and the committee will continue work on the remaining sections of the bill.

The panel scheduled the next witness for 10:00 a.m.; no formal action or vote was recorded during the session covered by the transcript.