Additional Information About the Changes to
the Commercial Driver's License Standards, Requirements and Penalties
Through the passage of the Motor
Carrier Safety Improvement Act of 1999, the U.S. Congress instructed the
Federal Motor Carrier Safety Administration (FMCSA) to significantly revise
the commercial driver’s licensing program. In response to these
instructions, the FMCSA issued a final rule to address the following:
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Disqualification of drivers for driving
while suspended, disqualified, or causing a fatality;
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Emergency disqualification of drivers
posing an imminent hazard;
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Expanding the definition of serious
traffic violations;
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Extending driver record check;
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Notification requirements;
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Masking prohibition;
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Limitation on licensing; and
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Disqualification of commercial drivers
for violations obtained while driving a non-commercial motor vehicle.
While Congress instructed the FMCSA to develop specific
changes to the commercial drivers license standards, requirements and
penalties, the IBT believes that the FMCSA has overstepped its authority by
omitting critical language. This language would require that the driver be
convicted of serious traffic offenses resulting in the suspension,
cancellation or revocation of a driver’s license prior to the driver being
disqualified.
Points of Clarification
Based on telephone calls received by the Safety and
Health Department, the following information should be useful:
Effective Date:
The Final Rule becomes effective on September 30, 2002. However, a State
only has to take action upon the effective date of its State law or
regulation. States have 3 years to comply with the Final Rule by developing
their own law or regulation or risk losing Federal funding (MCSAP funds).
Therefore most drivers won’t be affected immediately.
State Laws/Regulations:
According to FMCSA, each State has the authority to set additional
disqualification requirements for drivers licensed in their State. This
Final Rule only sets the minimum disqualification requirements for a State
to remain in substantial compliance with the Federal requirements.
Downloadable Materials
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