FMCSA Proposes CDL Changes

July 27, 2001
Among new proposals for changes to commercial driver license (CDL) regulations are the addition of two major violations and three additional serious violations,

Among new proposals for changes to commercial driver license (CDL) regulations are the addition of two major violations and three additional serious violations, according to information published in the Federal Register July 27. The changes to CDL standards, requirements, and penalties were filed by the Federal Motor Carrier Safety Administration (FMCSA). Mandated by the Motor Carrier Safety Improvement Act of 1999, the proposed regulations are designed to enhance the safety of commercial motor vehicle operations by ensuring that only safe drivers operate commercial motor vehicles.

The two new major violations proposed are driving while the CDL is revoked, suspended, or canceled, or while the driver is disqualified; and causing a fatality through negligent or criminal operation of a commercial motor vehicle. The three serious violations that are proposed include driving without a CDL, driving without a CDL in the driver's possession; and driving without having met the minimum testing standards for the specific class of a commercial vehicle being operated, or for the type of cargo being transported on the vehicle. This section would also be amended to specify the disqualification period for first time and subsequent offenders.

The proposal also addresses CDL applicants. They will have to provide the state licensing agency with the name of all states where they have been licensed previously to drive any type of motor vehicle. The state would be required to conduct a record check of all states where the applicant may have received a license to operate any type of motor vehicle.

States will face loss of federal funding, if they fail to follow the new regulations. They would be prohibited from masking conviction information, and from using diversion programs or other dispositions that defer the listing imposition of a guilty verdict on a CDL driver's record.

For more information, click on Friday July 27, 2001, and scroll down to Federal Motor Carrier Safety Administration at>http://www.access.gpo.gov/su_docs/fedreg/frcont01.html

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