Wednesday, July 31, 2002
FMCSA 14-02
Contact: Suzy Bohnert
Telephone: 202-493-0189
CDL Final Rule Toughens
Penalties Against Unsatisfactory Drivers
Continuing
its efforts to improve the safety of trucks and buses, the U.S. Department of
Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today
issued a final rule that significantly strengthens the licensing and sanctioning
requirements of the commercial driver’s license (CDL) program for truck and
bus drivers required to hold a CDL. The
rule is effective Sept. 30, 2002.
This final rule, which
implements provisions of the Motor Carrier Safety Improvement Act of 1999,
combines two CDL rulemakings proposed in 2001.
“These comprehensive
requirements for those who want to drive trucks and buses will help ensure that
our highways are safer,” U.S. Transportation Secretary Norman Y. Mineta said.
“Only safe drivers should operate trucks and buses, and this rule will
help make that happen.”
With this final rule, FMCSA
intends to make the CDL program more effective in preventing dangerous truck and
bus drivers from continuing to drive. It
strives to improve safety by improving the performance of drivers and removing
unsafe drivers from the road.
Within three years after
the rule’s effective date, FMCSA will penalize states not in substantial
compliance with licensing and sanctioning requirements of the CDL program by
withholding Motor Carrier Safety Assistance Program (MCSAP) money.
MCSAP funds provide financial assistance to states through federal
grants.
The new rule allows FMCSA
to prohibit states that do not comply with this rule from issuing, renewing,
transferring, or upgrading CDLs and from issuing hardship licenses to truck and
bus drivers who lose their driving privileges.
States that comply with FMCSA CDL requirements will be permitted to issue
non-resident CDLs to drivers living in states that have lost that privilege.
As a result of this final
rule, FMCSA may now disqualify commercial motor vehicle (CMV) drivers who have
been convicted of traffic violations while operating a passenger vehicle that
result in their license being canceled, revoked or suspended, or of committing
drug and alcohol-related offenses while driving a passenger vehicle.
It also adds the following two new disqualifying offenses: driving a CMV
after a CDL was revoked, suspended or canceled for operating a CMV; and causing
a fatality through the negligent or criminal operation of a CMV.
The regulation expands the
list of serious traffic violations to include drivers who fail to obtain a CDL,
driving a CMV without a CDL in the driver’s possession, and operating a CMV
without proper class of CMV being driven or type of cargo being transported.
The regulation authorizes FMCSA’s Chief Safety Officer to disqualify,
on an emergency basis, CDL drivers who pose an imminent hazard, a condition that
presents a likelihood of death, serious personal injury or substantial danger to
the public.
The final rule requires that
applicants obtaining, transferring, or renewing a CDL tell their state
driver-licensing agency where they previously held motor vehicle licenses.
This enables the issuing agency to obtain a candidate’s complete
driving record.
A new requirement in the
rule creates a new endorsement. Applicants wanting to operate a school bus must
pass knowledge and skills tests before receiving a CDL for that purpose.
States with school bus licensing programs that currently meet or exceed
FMCSA requirements may continue to test and license school bus drivers.
The Commercial Vehicle
Safety Act (CMVSA) of 1986 established the CDL program and the Commercial
Driver’s License Information System (CDLIS) to serve as a clearinghouse and
repository of CDL information and traffic-conviction data. The CMVSA also requires state personnel to ensure that
drivers convicted of certain serious traffic violations are prohibited from
operating a CMV.
The final rule is on the
Internet and can be viewed by searching for docket numbers FMCSA-2001-9709 and
FMCSA-00-7382 at http://dms.dot.gov/.
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