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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle Licensing Laws QUIZ

Revised 09/08 Federal Motor Carrier Safety Administration 1. In crashes between large trucks and other motor vehicles, the majority of fatalities are the occupants of the other motor vehicles. TRUE TRUE

Revised 09/08 Federal Motor Carrier Safety Administration 2. Large trucks are involved in a disproportionate number of traffic fatalities. TRUE

Revised 09/08 Federal Motor Carrier Safety Administration 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. FALSE

Revised 09/08 Federal Motor Carrier Safety Administration 4. Combination trucks are more likely to be involved in fatal crashes than single-unit trucks. TRUE

Revised 09/08 Federal Motor Carrier Safety Administration 5. The majority of fatal crashes involving large trucks occur under adverse weather conditions. FALSE

Revised 09/08 Federal Motor Carrier Safety Administration 6. More fatal crashes involving large trucks occur during daytime hours than nighttime. TRUE

Revised 09/08 Federal Motor Carrier Safety Administration 7. Speeding by drivers of commercial motor vehicles is rarely a factor in fatal crashes. FALSE

Revised 09/08 Federal Motor Carrier Safety Administration 8. Over the past 20 years there has been a major increase in registered large trucks and the miles traveled by large trucks. TRUE

Revised 09/08 Federal Motor Carrier Safety Administration 9. Reaction time by a driver of a commercial motor vehicle can be impaired by an alcohol concentration as low as 0.01%. TRUE

Revised 09/08 Federal Motor Carrier Safety Administration 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. FALSE

Revised 09/08 Federal Motor Carrier Safety Administration 2006 Fatalities 4,732 Large trucks involved in fatal traffic crashes. Slide 2

Revised 09/08 Federal Motor Carrier Safety Administration 2006 Fatalities 4,571 Vehicle occupants died in crashes involving a large truck. Slide 3a

Revised 09/08 Federal Motor Carrier Safety Administration 2006 Fatalities 331 Vehicle occupants died in crashes involving a bus. Slide 3b

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Driver’s Licensing Laws Learning Objectives (Cont.) To explain the administrative sanctioning requirements for CDL drivers who:  Violate alcohol and controlled substances restrictions; or  Commit other serious traffic related violations Slide 4b

Revised 09/08 Federal Motor Carrier Safety Administration

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Revised 09/08 Federal Motor Carrier Safety Administration (Insert Photo) Slide 9

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Revised 09/08 Federal Motor Carrier Safety Administration (Insert Photo) Slide 9

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Prior to the Commercial Vehicle Safety Act States had wide variations in:States had wide variations in:  Testing and licensing standards  Disciplinary actions for violating traffic control laws. Drivers had multiple licensesDrivers had multiple licenses Slide 10c Slide 10c

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration What Constitutes a CMV? A motor vehicle or combination of motor vehicles, used in commerce, to transport passengers or property. Slide 12a

Revised 09/08 Federal Motor Carrier Safety Administration What Constitutes a CMV? 1. V ehicle has a gross combination weight rating (GCWR) of 26,001 or more pounds, inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds. Slide 12b

Revised 09/08 Federal Motor Carrier Safety Administration What Constitutes a CMV? 2. If the vehicle has a gross vehicle rating (GVWR) of 26,001 or more pounds. Slide 12c

Revised 09/08 Federal Motor Carrier Safety Administration What Constitutes a CMV? 3. If the vehicle has a GVWR of 26,000 pounds 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

Revised 09/08 Federal Motor Carrier Safety Administration GCWR and GVWR “Weight of the vehicle or combination of vehicles plus the maximum safe load to be transported.” “Weight of the vehicle or combination of vehicles plus the maximum safe load to be transported.” Set by the vehicle manufacturer Set by the vehicle manufacturer Slide 12e Slide 12e

Revised 09/08 Federal Motor Carrier Safety Administration

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL - 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL - Class C Any single vehicle or combination of vehicles, that meets neither the definition of Class A or that of Class B; Is designed to transport 16 or more passengers; Is transporting hazardous materials required to be placarded or select agents or toxins. Slide 15a

Revised 09/08 Federal Motor Carrier Safety Administration

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL - Endorsements The Federal regulations establish uniform endorsements for commercial driver’s licenses. Slide 16a

Revised 09/08 Federal Motor Carrier Safety Administration 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 Slide 16b

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL - Exemptions Under the CMVSA, the following activities are and/or may be exempt under the CDL regulations : Slide 18a

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) Operators of:  vehicles transporting their own personal property;  recreational vehicles for non-business purposes; Both cases - Not operating in commerce Slide 18b

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) 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. Sl ide 18d

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) 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

Revised 09/08 Federal Motor Carrier Safety Administration Commercial Motor Vehicle CDL – Exemptions (cont.) 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration CDL Drivers – Higher Standard Implied Consent: As condition of licensure, agree to submit to a chemical test for alcohol Implied Consent: As condition of licensure, agree to submit to a chemical test for alcohol Level of Suspicion to test: Level of Suspicion to test:  Not “probable cause”  Only “reasonable suspicion” Slide 20b Slide 20b

Revised 09/08 Federal Motor Carrier Safety Administration What is “Disqualification”? 49 CFR § 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Disqualifying Offenses Major Offenses Major Offenses Serious Traffic Violations Serious Traffic Violations Railroad Grade Crossing Violations Railroad Grade Crossing Violations Violations of Out-Of-Service Orders Violations of Out-Of-Service Orders Slide 21d Slide 21d

Revised 09/08 Federal Motor Carrier Safety Administration Major Disqualifying Offenses [49 CFR (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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Major Offenses First Conviction = 1 Year Does not include CMV or non- CMV felony that is drug- related Slide 23a

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Major Offenses (cont.) 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

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Major Offenses (cont.) 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 Slide 24

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Serious Traffic Violations [49 CFR § (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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Serious Traffic Violations 1 st conviction = ??? 2 nd conviction = 60 days 3 rd or subsequent conviction = 120 days Violations must occur within 3-year period. Slide 27

Revised 09/08 Federal Motor Carrier Safety Administration Out-Of-Service Order Driver or vehicle related. Can not operate a CMV for any reason. Slide 28

Revised 09/08 Federal Motor Carrier Safety Administration Driving While Subject to an Out-of-Service Order Disqualifying offense [49 CFR § (e)] Slide 29

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Violation of an Out-Of-Service Order 1 ST Conviction = 90 days to 1 year 1 ST 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

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Violation of an Out-Of-Service Order (cont.) 2 nd Conviction = 1 to 5 yrs. 2 nd Conviction (transporting placarded quantities of HM or operating a vehicle designed to transport 16 or more passengers) = 3 to 5 years. Slide 30b

Revised 09/08 Federal Motor Carrier Safety Administration Disqualification for Violation of an Out-Of-Service Order (cont.) 3 rd or Subsequent Conviction = 3 to 5 years Violations must occur within 10-year period. Slide 30c

Revised 09/08 Federal Motor Carrier Safety Administration 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 ) Drivers: Civil penalty of $1,100 to $2,750 must be assessed against the driver (49 CFR ) 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 ) 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 ) Slide 30d Slide 30d

Revised 09/08 Federal Motor Carrier Safety Administration Railroad-Highway Grade Crossing Violations [49 CFR § (d)] For drivers who are not required to always stop: Failing to slow down and check that the tracks are clear of an approaching train; Failing to stop before reaching the crossing, if the tracks are not clear. Slide 31a

Revised 09/08 Federal Motor Carrier Safety Administration Railroad-Highway Grade Crossing Violations For drivers who are always required to stop: Failing to stop before driving onto crossing. Slide 31b

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Civil Penalties for 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 ) 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 )Slide32b

Revised 09/08 Federal Motor Carrier Safety Administration Transmitting Out-of-State Convictions [49 CFR ] 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

Revised 09/08 Federal Motor Carrier Safety Administration Posting Convictions and Disqualifications [49 CFR § ] 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

Revised 09/08 Federal Motor Carrier Safety Administration Masking Convictions [49 CFR § ] 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

Revised 09/08 Federal Motor Carrier Safety Administration Hardship Licenses [49 CFR § ] 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

Revised 09/08 Federal Motor Carrier Safety Administration Legal Challenges: Equal Protection Proof Issues: GVWR vs. GVW Other Privileges Allowed? Commerce Electronic Convictions Collateral Attack Slide 34

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration 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

Revised 09/08 Federal Motor Carrier Safety Administration Web Site: 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

Revised 09/08 Federal Motor Carrier Safety Administration