Commercial Driver Licensing Laws June 2010 Enforcement

Commercial Driver Licensing Laws

June 2010

Enforcement

Enforcement of CMV regulations and laws is a joint effort

involving:

• Federal regulations and oversight

• State testing and licensing

• State and local law enforcement

• The judicial system

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Commercial Motor Vehicle Licensing Laws

QUIZ

1. In crashes between large trucks and other motor vehicles, the majority of fatalities are the occupants of the other motor vehicles.

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2. Large trucks are involved in a disproportionate number of traffic fatalities.

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3. Commercial driver violations such as “failure to keep in proper lane or improper lane change,” “driving too fast for conditions or in excess of posted speed limit,” “erratic or reckless driving,” and “following too closely” are not serious driver violations because they rarely contribute to crashes involving large trucks.

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4. Combination trucks are more likely to be involved in fatal crashes than single-unit trucks.

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5. The majority of fatal crashes involving large trucks occur under adverse weather conditions.

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6. More fatal crashes involving large trucks occur during daytime hours than nighttime.

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7. Speeding by drivers of commercial motor vehicles is rarely a factor in fatal crashes.

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8. Over the past 20 years there has been a major increase in registered large trucks and the miles traveled by large trucks.

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9. Reaction time by a driver of a commercial motor vehicle can be impaired by an alcohol concentration as low as 0.01%.

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10. Driving a large truck “without obtaining a CDL,” “with a suspended CDL,” or “without the proper CDL class of license and/or endorsement(s)” are not serious driver violations because they rarely

contribute to fatal crashes.

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2008 Fatalities

4,066

Large trucks involved in fatal traffic crashes.

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2008 Fatalities

3,816Vehicle occupants died in crashes involving a large

truck.3

2008 Fatalities

67Vehicle occupants died in crashes involving a bus.

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Commercial Driver’s Licensing LawsLearning Objectives

• Define the basic terms and provisions unique to CDL laws;

• Describe the classes of commercial motor vehicles; and

• Identify various disqualifying offenses and sanctions.

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Goals of the Commercial Motor Vehicle Safety Act of 1986

• To prevent commercial vehicle drivers from concealing unsafe driving records by carrying licenses from more than one state.

• To ensure that all commercial vehicle drivers demonstrate the minimum levels of knowledge and skills needed to safely operate commercial motor vehicles before being licensed.

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Goals of the Commercial Motor Vehicle Safety Act of 1986 (cont.)

• To subject commercial motor vehicle drivers to new, uniform sanctions for certain unsafe driving practices.

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Prior to the Commercial Motor Vehicle Safety Act

• States had wide variations in: Testing and licensing standards Disciplinary actions for violating traffic control

laws.

• Drivers had multiple licenses

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Who is Required to be Licensed?

Any Person Who Operates a Commercial Motor Vehicle.

[49 U.S.C. §31301] [49 CFR §383.3]

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What Constitutes a CMV?

A motor vehicle or combination of motor vehicles, used in commerce, to transport passengers or property.

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1. Vehicle has a gross combinationweight rating (GCWR) of 26,001 ormore pounds, inclusive of a towedunit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds.

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2. If the vehicle has a gross vehicle rating (GVWR) of 26,001 or more pounds.

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3. If the vehicle has a GVWR of 26,000pounds or less and:

• Is designed to transport 16 or more passengers, including the driver; or

• Is transporting hazardous materials: Required to be placarded: or Select agents or toxins

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GCWR and GVWR

• Weight of the vehicle or combination of vehicles plus the maximum safe load to be transported.

• Set by the vehicle manufacturer Slide

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Commercial Motor Vehicle CDL - Class A

Gross Combination Weight Rating (GCWR) of 26,001 or more pounds inclusive of a towed unit(s) with a GVWR of more than 10,000 pounds.

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Commercial Motor VehicleCDL - Class B

• Gross vehicle weight rating (GVWR) of 26,001 pounds or more;

• Any such vehicle towing a vehicle(s) of 10,000 pounds or less.

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Commercial Motor Vehicle CDL - Class C

• Any single vehicle or combination ofvehicles that meets neither the definition ofClass A or that of Class B;

• Is designed to transport 16 or more passengers;

• Is transporting hazardous materials requiredto be placarded or select agents or toxins.

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Do these drivers need a CDL?

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Commercial Motor Vehicle CDL - Endorsements

The Federal regulations establish uniform endorsements for

commercial driver’s licenses.

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Commercial Motor Vehicle CDL - Endorsements (cont.)

• “T” - Double/Triple Trailers

• “P” - Passenger Vehicles

• “N” - Tank Vehicles

• “H” - Hazardous Materials

• “X” - Combined “H” and “N” Endorsements

• “S” - School Bus

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Commercial Motor VehicleCDL - Air Brake Restriction

• Persons who fail the air brake section of the CDL knowledge test; or

• Persons who do not take the skills driving test in a CMV equipped with air brakes.

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Commercial Motor VehicleCDL - Exemptions

Under the CMVSA, the following activities are and/or may be exempt under the CDL regulations:

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Commercial Motor VehicleCDL – Exemptions (cont.)

• Operators of: vehicles transporting their own

personal property; recreational vehicles for

non-business purposes;

• Both cases - Not operating in commerce

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• Farmer operating a farm vehicle that is: -- controlled and operated by a farmer, employees, or family member; -- transporting agricultural product, farm machinery, or farm supplies to or from a farm; -- limited to a 150 miles of farm (within state); -- cannot be a common or contract motor carrier.

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• Emergency Equipment & Firefighters

-- must be necessary to the preservation of life or property; or

-- necessary to the execution of emergency governmental function;

-- must be equipped with audible and visual signals; and

-- not subject to normal traffic regulations.

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• Snow / Ice Removal Backup Drivers

-- Backup drivers used to remove snow and ice;

-- Emergency situation;

-- Employed by local government with population of 3,000 or less.

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• Military personnel who operate CMVs:

-- active duty military personnel -- members of the military reserves -- active duty national guard -- part-time national guard training -- national guard technicians -- active duty U.S. Coast Guard

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• Farm-related service industries (FRSI) -- exempt from testing-- issued a restricted Class B or C CDL-- valid for no more than 180 days in any

12 month period-- includes custom harvesters, farm retail

outlets and suppliers, agrichemical businesses, and livestock feeders.

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• Pyrotechnics Industry Waiver -- Waive hazardous material endorsement

test -- Part-time drivers -- Vehicles with GVWR less than 10,001 lbs. -- Transport less than 500 lbs. of fireworks -- Issued restricted Class C CDL -- CDL privileges from June 30-July 6

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Commercial Vehicle Drivers “Zero Tolerance” for Alcohol Use

Due to the serious effects caused by the combination of alcohol use and operating a CMV, Federal regulations establish a “zero tolerance” regarding the use of alcohol while operating a CMV.

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Federal Motor Carrier Safety Regulations

“No” Alcohol• No consumption or under-the- influence: within 4 hours of operating while operating/physical control

• No possession of intoxicating beverages

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CDL Drivers – Higher Standard

• Implied Consent: As condition of licensure, agree to submit to a chemical test for alcohol

• Level of Suspicion to test: Not “probable cause” Only “reasonable suspicion”

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What is “Disqualification”?

• 49 CFR §383.5 - Suspension, revocation, cancellation, or any other withdrawal of a person’s privilege to drive a CMV.

• Some States - Withdraw only the privilege to drive CMV; non-CMV privileges not affected by disqualification.

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State Driver Licensing Agency (SDLA)

• Department of Motor Vehicles (DMV)• Bureau of Motor Vehicles (BMV)• Motor Vehicle Administration (MVA)• Secretary of State• Department of Public Safety (DPS)• Department of Taxation and Revenue • Department of Transportation (DOT)

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Basis for DisqualificationConviction –

• An unvacated adjudication of guilt;

• A determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal;

• An unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court;

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Basis for DisqualificationConviction (cont.)–

• A plea of guilty or nolo contendere accepted by the court;

• The payment of a fine or court cost; or

• Violation of a condition of release without bail.

• Regardless of whether or not the penalty is rebated, suspended, or probated [49 CFR §383.5].

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Disqualifying Offenses

Major Offenses

Serious Traffic Violations

Railroad Grade Crossing Violations

Violations of Out-Of-Service Orders

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Major Disqualifying Offenses[49 CFR 383.51(b)]

CMV or Non-CMV

• Driving under influence of alcohol or controlled substance

• Refusal to submit to alcohol testing

• Leaving the scene of an accident

• Felony involving use of vehicle

• Felony involving manufacture, distribution, or dispensing of controlled substance

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Traffic Citation vs. Felony Arrest • Administrative

hearing or traffic court

• Administrative determination or court conviction

• SDLA records conviction / takes appropriate license withdrawal action

• State/Federal criminal court

• Criminal conviction• Court determines

sanction (fine, jail time , probation)

• No action on license

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Major Disqualifying Offenses (cont.)

CMV Only

• Alcohol concentration of 0.04% or >

• Causing a fatality through the negligent operation

• Driving when CDL is suspended

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Driving CMV WhenCDL is Suspended

• DUI in a CMV

• CDL suspended

• Driving CMV when

CDL is suspended

• 2nd major offense conviction

• DUI in a Non-CMV

• CDL suspended

• Driving CMV when

CDL is suspended

• No major offense conviction

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Disqualification forMajor Offenses

• First Conviction = 1 Year

• Does not include CMV or non-CMV felony that is drug-related

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Disqualification forMajor Offenses (cont.)

• First Conviction = 3 Years

While transporting placarded quantities of Hazardous Materials

• Does not include CMV or non-CMV felony that is drug-related

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• First Conviction – Lifetime

• Use of CMV or non-CMV in the commission of a felony involving the manufacture, distribution or dispensing of controlled substances

• Permanent disqualification: No State option to reduce time.

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• Second Conviction = Lifetime (10 year reinstatement)

• Offenses arise out of separate incidents

• Conviction of any two offenses involving a CMV and/or non-CMV

• No time limit between offenses

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Special Rule:

Lifetime Disqualification May Be Reduced to 10 Years

• Discretion given to each state to allow re-licensure after 10 years

• Not all states will re-license

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Serious Traffic Violations[49 CFR § 383.51(c)]

CMV (or Non-CMV)

• Excessive speed - 15 mph or more over speed limit

• Reckless Driving• Improper / Erratic lane change• Following Too Closely• Traffic violation in connection with fatal

accident (crash)

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Serious Traffic Violations (cont.)

CMV Only

• Driving without obtaining a CDL

• Driving without a CDL in driver’s possession

• Driving without proper class of CDL and/or endorsements

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Disqualification for Serious Traffic Violations

• 1st conviction = ???

• 2nd conviction = 60 days

• 3rd or subsequent conviction = 120 days

• Violations must occur within 3 year period

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Out-Of-Service Order

• Driver or vehicle related

• Cannot operate a CMV for any reason

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Driving While Subject to an Out-of-Service Order

Disqualifying offense

[49 CFR § 383.51(e)]

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Disqualification for Violation of an Out-Of-Service Order

• 1ST Conviction = 90 days to 1 year

• 1ST Conviction – (transporting placarded quantities of hazardous materials (HM) or operating a vehicle designed to transport 16 or more passengers) = 180 days to 2 years

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Disqualification for Violation of an Out-Of-Service Order (cont.)

• 2nd Conviction = 1 to 5 yrs

• 2nd Conviction (transporting placarded quantities of HM or operating a vehicle designed to transport 16 or more passengers) = 3 to 5 years

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Disqualification for Violation of an Out-Of-Service Order (cont.)

• 3rd or Subsequent Conviction = 3 to 5 years

• Violations must occur within 10 year period

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Civil Penalties for Violation of an Out-Of-Service Order

• Drivers: Civil penalty of $1,100 to $2,750 must be assessed against the driver (49 CFR 383.53)

• Employer: Civil penalty of $2,750 to $11,000 must be assessed against an employer who knowingly permits or requires driver to operate a CMV while subject to an O-O-S order (49 CFR 383.53)

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Railroad-Highway Grade Crossing Violations

[49 CFR § 383.51(d)]

For drivers who are not required to always stop:

• Failing to slow down and check that thetracks are clear of an approaching train

• Failing to stop before reaching the crossing, if the tracks are not clear

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Railroad-Highway Grade Crossing Violations (cont.)

For drivers who are always required to stop:

• Failing to stop before driving onto crossing

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Railroad-HighwayGrade Crossing Violations (cont.)

For all drivers:• Failing to have sufficient space to drive

completely through the crossing without stopping;

• Failing to obey traffic control device or instructions of enforcement official at crossing;

• Failing to negotiate a crossing due to insufficient undercarriage clearance.

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Disqualification for Railroad-Highway

Grade Crossing Violations

• 1st Conviction = 60 days

• 2nd Conviction = 120 days

• 3rd or Subsequent Conviction = 1 year

• Violations must occur within a 3 year period.

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Civil Penalties for Railroad-Highway Grade Crossing Violations

Employer: Civil penalty of not more than $10,000 must be assessed against an employer who knowingly permits or requires driver to operate a CMV in violation of railroad-highway grade crossing laws or regulations (49 CFR 383.53)

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TransmittingOut-of-State Convictions

[49 CFR 384.209]

• Related to motor vehicle traffic control in:

Any vehicle by a CDL holder

CMV by a person required to have a CDL

• Must be sent to the licensing State within:

30 days of conviction (Before 9/30/08)

10 days of conviction (Now)

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Posting Convictions and Disqualifications

[49 CFR § 384.225]

• All convictions and disqualifications in:

Any vehicle by a CDL holder

CMV by a person required to have a CDL

• Must be made available to authorized persons within 10 days of:

Date of conviction, if in same state

Receiving information from out-of-state. 71

Masking Convictions [49 CFR § 384.226]

A state must not mask, defer imposition of a judgment, or allow an individual to enter into a diversion program that would prevent a conviction in any type of vehicle from appearing on the CDL driver’s record.

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Hardship Licenses [49 CFR § 384.210]

A state must not issue a commercial special license or permit (i.e., hardship license) to operate a CMV when a CDL holder’s CMV or non-CMV driving privileges have been suspended, revoked, or cancelled.

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Legal Challenges:• Equal Protection

• Proof Issues: GVWR vs. GVW

• Other Privileges Allowed?

• Commerce

• Electronic Convictions

• Collateral Attack

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What is Required toAchieve Goals of CMVSA?

• A complete effort by all parties: enactment of appropriate laws issuance of citations for violations convictions for those violations imposition of uniform sanctions

• If any piece of the system is not in place, the program will not be effective.

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HON. JAMES DOWD, Circuit Judge, St. Louis, MO

Remember……………

The complete solution is not achieved with enforcement effort alone. The circle of enforcement effort is not complete without the full support and cooperation of the courts. Many times the ‘judicial remedy’ or action in a given enforcement case is the most important part of the case history. The attitude and concerns of the court regarding the gravity of commercial vehicle/hazardous material violations is critical.

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Federal Motor CarrierSafety Administration

Web Site: www.fmcsa.dot.gov

• Information About FMCSA

• Rules & Regulations

• Regulatory Guidance (Interpretations)

• Rulemaking Notices

• Crash and Fatality Statistics

• How To Contact FMCSA

• Links to Other Related Web Sites 77

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Documents

Commercial Driver Licensing Laws June 2010 Enforcement