Revised 09/08 Federal Motor Carrier Safety Administration Commercial Driver Licensing Laws Enforcement Slide Cover

Revised 09/08Revised 09/08Federal Motor Carrier Safety Federal Motor Carrier Safety

AdministrationAdministration

Commercial Driver Commercial Driver Licensing LawsLicensing Laws

EnforcementEnforcement

Slide CoverSlide Cover



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

Slide 1



Commercial Motor Commercial Motor Vehicle Licensing LawsVehicle Licensing Laws

QUIZQUIZ



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

TRUETRUE



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

TRUETRUE



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

FALSEFALSE



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

TRUETRUE



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

FALSEFALSE



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

TRUETRUE



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

FALSEFALSE



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

TRUETRUE



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

TRUETRUE



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

contribute to fatal crashes.contribute to fatal crashes.

FALSEFALSE



2006 Fatalities

4,732

Large trucks involved in fatal traffic crashes.

Slide 2



2006 Fatalities

4,571Vehicle occupants died in crashes involving a large

truck.

Slide 3aSlide 3a



2006 Fatalities

331Vehicle occupants died in crashes involving a bus.

Slide 3b



Commercial Driver’s Licensing Laws

Learning Objectives

• To define and describe the basic terms and provisions unique to CDL laws;

• To recognize the various classes of commercial motor vehicles and the legal requirements for operators of these vehicles;

Slide 4a



Commercial Driver’s Licensing Laws

Learning Objectives (Cont.)

• To explain the administrative sanctioningrequirements for CDL drivers who:

Violate alcohol and controlled substances restrictions; or

Commit other serious traffic related violations

Slide 4b





(Insert Photo)

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Slide 9



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.

Slide 10a



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.

Slide 10b



Prior to the Commercial Vehicle Prior to the Commercial Vehicle Safety ActSafety Act

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

laws.laws.

• Drivers had multiple licensesDrivers had multiple licenses

Slide Slide 10c10c



Who is Required to be Licensed?

Any Person Who Operates a Commercial Motor Vehicle.

[49 U.S.C. §31301] [49 CFR §383.3]

Slide 11



What Constitutes a CMV?

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

Slide 12a




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.

Slide 12b




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

Slide 12c




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

Slide12d



GCWR and GVWRGCWR and GVWR

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

• Set by the vehicle manufacturerSet by the vehicle manufacturer Slide 12eSlide 12e





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.

Slide 13



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.

Slide 14



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.

Slide 15a





Commercial Motor Vehicle

CDL - Endorsements

The Federal regulations establish uniform endorsements for

commercial driver’s licenses.

Slide 16a




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

Slide 16b




CDL - 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.

Slide 17




CDL - Exemptions

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

Slide 18a



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

Slide 18b




• 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.

Slide 18c




• 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. Slide

18d




• 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.

Slide 18e




• 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.

Slide 18f




• 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.

Slide 18g




• 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

Slide 18h



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.

Slide 19



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.

Slide 20a



CDL Drivers – Higher StandardCDL Drivers – Higher Standard

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

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

Slide 20bSlide 20b



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.

Slide 21a



Basis for Disqualification:Conviction –

• 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;

Slide 21b



Basis for Disqualification:Conviction (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].

Slide 21c



Disqualifying OffensesDisqualifying Offenses

Major OffensesMajor Offenses

Serious Traffic ViolationsSerious Traffic Violations

Railroad Grade Crossing ViolationsRailroad Grade Crossing Violations

Violations of Out-Of-Service OrdersViolations of Out-Of-Service Orders

Slide 21dSlide 21d



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

Slide 22a



Major Disqualifying Offenses (cont.)

CMV Only

• Alcohol concentration of 0.04% or >

• Causing a fatality through the negligent operation

• Driving when CDL is suspended.

Slide 22b



Disqualification for Major Offenses

• First Conviction = 1 Year

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

Slide 23a



Disqualification for Major 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

Slide 23b




• 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.

Slide 23c




• 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 offensesSlide 24



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.

Slide 25



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)

Slide 26a



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

Slide 26b



Disqualification for Serious Traffic Violations

• 1st conviction = ???

• 2nd conviction = 60 days

• 3rd or subsequent conviction = 120 days

• Violations must occur within 3-year period.

Slide 27



Out-Of-Service Order

• Driver or vehicle related.

• Can not operate a CMV for any reason.

Slide 28



Driving While Subject to an Out-of-Service Order

Disqualifying offense

[49 CFR § 383.51(e)]

Slide 29



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.

Slide 30a



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.

Slide 30b



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.

Slide 30c



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

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

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

Slide Slide 30d30d



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.

Slide 31a



Railroad-Highway Grade Crossing Violations

For drivers who are always required to stop:

• Failing to stop before driving onto crossing.

Slide 31b



Railroad-Highway Grade 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.

Slide 31c



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.

Slide 32a



Civil Penalties for Civil Penalties for Railroad-Highway Grade Crossing Violations

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

Slide32bSlide32b



Transmitting Out-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) Slide 33a



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.

Slide 33b



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.

Slide 33c



Hardship Licenses [49 CFR § 384.210]

A State may 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.

Slide 33d



Legal Challenges:

• Equal Protection

• Proof Issues: GVWR vs. GVW

• Other Privileges Allowed?

• Commerce

• Electronic Convictions

• Collateral Attack

Slide 34



What is Required to Achieve 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.

Slide 35



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.

Slide 36



Federal Motor Carrier Safety 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 Slide 37



Documents

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Driver Licensing Laws Enforcement Slide Cover