Federal safety officials are proposing tough new licensing rules for commercial drivers, including disqualification for anyone who drives when his license is suspended.
The proposed changes to the Commercial Driver’s License rules were ordered by Congress in an attempt to crack down on scofflaws and to tighten up state licensing procedures.
While it is generally agreed that the CDL program has been successful, Congress made it clear that it expects the Federal Motor Carrier Safety Administration to close some loopholes.
Under the proposal, which appears in today’s Federal Register, a driver would be disqualified if he drives after his CDL has been revoked or suspended for breaking the rules. This rule would be in addition to a recent proposal that a driver lose his license if he’s convicted of a drug or alcohol offense while driving a vehicle besides his truck.
The safety agency also wants to disqualify a driver who causes a death through negligent or criminal operation of a commercial vehicle. And, it would give the Secretary of Transportation authority to disqualify a driver who is found to pose an “imminent hazard.”
The proposal would expand the list of “serious” violations – for which a driver may be disqualified – to include driving a commercial vehicle without having a CDL, or without having his CDL with him, and driving a commercial vehicle he is not cleared to drive.
Much of the proposal is aimed at state procedures that have created loopholes for drivers who have broken the rules.
For example, some states issue “hardship” licenses to a driver who may lose his livelihood if his license is suspended. Under this proposal, that will change. States will be prohibited from granting a provisional license to a CDL holder who has been disqualified. “A truck or bus driver whose CDL was suspended for speeding or reckless driving in his sport utility vehicle will now be unable to obtain a hardship license and may not drive a CMV until his CDL is restored,” the proposal states.
Other requirements: Before it can issue or renew a CDL, a state must obtain the driver’s record from any other state that has issued him a CDL – and each state must record any violation that resulted in the driver’s disqualification. States will have to maintain records of a driver’s convictions in any kind of vehicle for at least three years.
Yet another provision promises emergency money for states – up to $1 million – that need help getting their programs up to snuff. But the feds wield a stick as well as a carrot: They will withhold funds to states that do not come into compliance with the rules. And the safety agency is proposing an ultimate threat, as well: It will decertify a state’s CDL program altogether if the state is “in substantial noncompliance” with federal standards.
FMCSA wants industry comments on the proposal by the end of October. The address is Docket Management Facility, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. Fax: 202-493-2251. Web: http://dmses.dot.gov/submit. When commenting, refer to Docket No. FMCSA-01-9709.
The proposed changes to the Commercial Driver’s License rules were ordered by Congress in an attempt to crack down on scofflaws and to tighten up state licensing procedures.
While it is generally agreed that the CDL program has been successful, Congress made it clear that it expects the Federal Motor Carrier Safety Administration to close some loopholes.
Under the proposal, which appears in today’s Federal Register, a driver would be disqualified if he drives after his CDL has been revoked or suspended for breaking the rules. This rule would be in addition to a recent proposal that a driver lose his license if he’s convicted of a drug or alcohol offense while driving a vehicle besides his truck.
The safety agency also wants to disqualify a driver who causes a death through negligent or criminal operation of a commercial vehicle. And, it would give the Secretary of Transportation authority to disqualify a driver who is found to pose an “imminent hazard.”
The proposal would expand the list of “serious” violations – for which a driver may be disqualified – to include driving a commercial vehicle without having a CDL, or without having his CDL with him, and driving a commercial vehicle he is not cleared to drive.
Much of the proposal is aimed at state procedures that have created loopholes for drivers who have broken the rules.
For example, some states issue “hardship” licenses to a driver who may lose his livelihood if his license is suspended. Under this proposal, that will change. States will be prohibited from granting a provisional license to a CDL holder who has been disqualified. “A truck or bus driver whose CDL was suspended for speeding or reckless driving in his sport utility vehicle will now be unable to obtain a hardship license and may not drive a CMV until his CDL is restored,” the proposal states.
Other requirements: Before it can issue or renew a CDL, a state must obtain the driver’s record from any other state that has issued him a CDL – and each state must record any violation that resulted in the driver’s disqualification. States will have to maintain records of a driver’s convictions in any kind of vehicle for at least three years.
Yet another provision promises emergency money for states – up to $1 million – that need help getting their programs up to snuff. But the feds wield a stick as well as a carrot: They will withhold funds to states that do not come into compliance with the rules. And the safety agency is proposing an ultimate threat, as well: It will decertify a state’s CDL program altogether if the state is “in substantial noncompliance” with federal standards.
FMCSA wants industry comments on the proposal by the end of October. The address is Docket Management Facility, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. Fax: 202-493-2251. Web: http://dmses.dot.gov/submit. When commenting, refer to Docket No. FMCSA-01-9709.
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