BEFORE THE
COMMERCIAL DRIVER'S LICENSE PROGRAM
It is widely
recognized that driving certain commercial motor vehicles (CMVs)
requires special skills and knowledge. Prior to implementation of the
Commercial Driver's License (CDL) Program, in a number of States and the
District of Columbia, any person licensed to drive an automobile could
also legally drive a tractor-trailer or a bus. Even in many of the
states that did have a classified licensing system, a person was not
skills tested in a representative vehicle. As a result, many drivers
were operating motor vehicles that they may not have been qualified to
drive. In addition, many drivers were able to obtain driver's licenses
from more than one State and hide or spread convictions among several
driving records and continue to drive.
COMMERCIAL
MOTOR VEHICLE SAFETY ACT OF 1986
The Commercial
Motor Vehicle Safety Act of 1986 was signed into law on October 27,
1986. The goal of the Act is to improve highway safety by ensuring that
drivers of large trucks and buses are qualified to operate those
vehicles and to remove unsafe and unqualified drivers from the highways.
The Act retained the State's right to issue a driver's license, but
established minimum national standards which States must meet when
licensing CMV drivers.
The Act corrects
the situation that existed prior to 1986 by making it illegal to hold more
than one license and by requiring States to adopt testing and licensing
standards for truck and bus drivers to check a person's ability to
operate the type of vehicle he/she plans to operate.
It is important to
note that the Act does not require drivers to obtain a separate Federal
license; it merely requires States to upgrade their existing testing and
licensing programs, if necessary, to conform with the Federal minimum
standards.
The CDL program
places requirements on the CMV driver, the employing motor carrier and
the States.
THE DRIVER
Drivers have been
required to have a CDL in order to drive a CMV since April 1, 1992.
The Federal
Highway Administration (FHWA) has developed and issued standards for
testing and licensing CMV drivers. Among other things, the standards
require States to issue CDLs to their CMV drivers only after the driver
passes knowledge and skills tests administered by the State related to
the type of vehicle to be operated. Drivers need CDLs if they are in
interstate, intrastate, or foreign commerce and drive a vehicle that
meets one of the following definitions of a CMV:
Classes of
License:
The Federal
standard requires States to issue a CDL to drivers according to the
following license classifications:
Class A -- Any
combination of vehicles with a GVWR of 26,001 or more pounds provided
the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B -- Any
single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle
towing a vehicle not in excess of 10,000 pounds GVWR.
Class C -- Any
single vehicle, or combination of vehicles, that does not meet the
definition of Class A or Class B, but is either designed to transport 16
or more passengers, including the driver, or is placarded for hazardous
materials.
Endorsements
and Restrictions:
Drivers who
operate special types of CMVs also need to pass additional tests to
obtain any of the following endorsements on their CDL:
-
T -
Double/Triple Trailers (Knowledge test only)
-
P - Passenger
(Knowledge and Skills Tests)
-
N - Tank
Vehicle (Knowledge Test only)
-
H - Hazardous
Materials (Knowledge Test only)
-
X - Combination
of Tank Vehicle and Hazardous Materials
If a driver either
fails the air brake component of the general knowledge test or performs
the skills test in a vehicle not equipped with air brakes, the driver is
issued an air brake restriction, restricting the driver from operating a
CMV equipped with air brakes.
THE STATES
Knowledge &
Skills Tests:
States develop
their own tests which must be at least as stringent as the Federal
standards. Model driver and examiner manuals and tests have been
prepared and distributed to the States to use, if they wish.
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The general
knowledge test must contain at least 30 questions.
-
To pass the
knowledge tests (general and endorsement), applicants must correctly
answer at least 80 percent of the questions.
-
To pass the
skills test, applicants must successfully perform all the required
skills (listed in 49 CFR 383.113). The skills test must be taken in
a vehicle representative of the type of vehicle that the applicant
operates or expects to operate.
Third Party
Skills Testing:
Other States,
employers, training facilities, governmental departments and agencies,
and private institutions can serve as third party skills testers for the
State.
-
Tests must be
the same as those given by the State.
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Examiners must
meet the same qualifications as State examiners.
-
States must
conduct an on-site inspection at least once a year.
-
At least
annually, State employees must evaluate the programs by taking third
party tests as if they were test applicants, or by testing a sample
of drivers tested by the third party and then comparing pass/fail
rates.
-
The State's
agreement with the third party skills tester must allow the FHWA and
the State to conduct random examinations, inspections, and audits
without prior notice.
Grandfathering
Provision:
States have the
option to "grandfather" drivers with good driving records from
the skills test according to the following criteria:
Driver has a
current license at time of application; and Driver has a good driving
record and previously passed an acceptable skills test; or driver has a
good driving record in combination with certain driving experience .
"Good
driving record" means:
A driver can
certify that, during the 2-year period immediately prior to applying for
a CDL he/she:
-
Has not had
more than one license;
-
Has not had any
license suspended, revoked, or canceled;
-
Has not had any
convictions in any type of motor vehicle for major disqualifying
offenses;
-
Has not had
more than one conviction for any type of motor vehicle for serious
traffic violations;
-
Has not had any
violation of State or local law relating to motor vehicle traffic
control arising in connection with any traffic accident, and has no
record of an accident in which he/she was at fault.
"Driving
experience" means :
A driver can
certify and provide evidence that:
-
He/she is
regularly employed in a job requiring operation of CMV, and that
either:
-
He/she has
previously taken a behind-the-wheel skills test in a representative
vehicle; or
-
He/she has
operated a representative vehicle for at least 2 years immediately
preceding application for a CDL.
Commercial
Driver's License Document:
A State determines
the license fee, the license renewal cycle, most renewal procedures, and
continues to decide the age, medical and other driver qualifications of
its intrastate commercial drivers. Interstate drivers must meet the
longstanding Federal driver qualifications (49 CFR 391).
All CDLs must
contain the following information:
-
The words
"Commercial Driver's License" or "CDL;"
-
The driver's
full name, signature, and address;
-
The driver's
date of birth, sex, and height
-
Color
photograph or digitized image of the driver;
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The driver's
State license number;
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The name of the
issuing State;
-
The date of
issuance and the date of the expiration of the license;
-
The class(es)
of vehicle that the driver is authorized to drive;
-
Notation of the
"air brake" restriction, if issued;
-
The
endorsement(s) for which the driver has qualified;
States may issue
learner's permits for purposes of behind-the-wheel training on public
highways as long as learner's permit holders are required to be
accompanied by someone with a valid CDL appropriate for that vehicle and
the learner's permits are issued for limited time periods.
Waiver
Provisions:
All active duty
military drivers were waived from the CDL requirements by the Federal
Highway Administrator. A State, at its discretion, may waive
firefighters, emergency response vehicle drivers, farmers and drivers
removing snow and ice in small communities from the CDL requirements,
subject to certain conditions.
In addition, a
State may also waive the CDL knowledge and skills testing requirements
for seasonal drivers in farm-related service industries and may waive
certain knowledge and skills testing requirements for drivers in remote
areas of Alaska. The drivers are issued restricted CDLs. A State can
also waive the CDL hazardous materials endorsement test requirements for
part-time drivers working for the pyrotechnics industry, subject to
certain conditions.
OTHER
REQUIREMENTS
There are a
variety of other requirements related to this legislation which affect
the commercial drivers, their employing motor carriers and the States.
Penalties:
The Federal
penalty to a driver who violates the CDL requirements is a civil penalty
of up to $2,500 or, in aggravated cases, criminal penalties of up to
$5,000 in fines and/or up to 90 days in prison. An employer is also
subject to a penalty of up to $10,000, if he or she knowingly uses a
driver to operate a CMV without a valid CDL.
CDLIS
Clearinghouse:
States must be connected to the Commercial Driver's License Information System (CDLIS) and the National Driver Register (NDR) in order to exchange information about CMV drivers, traffic convictions, and disqualifications. A State must use both the CDLIS and NDR to check a driver's record, and the CDLIS to make certain that the applicant does not already have a CDL. Members of the enforcement community seeking access to CDLIS data should visit the FMCSA Technical Support Web site. Carriers needing CDLIS data should seek a commercial company that provides a clearinghouse service for this information, or contact the driver's State of licensure.
BAC Standards:
The FHWA has also
established 0.04% as the blood alcohol concentration (BAC) level at or
above which a CMV driver is deemed to be driving under the influence of
alcohol and subject to the disqualification sanctions in the Act. States
maintain a BAC level between .08% and .10% for non-CMV drivers.
Employer
Notifications:
Within 30 days of
a conviction for any traffic violation, except parking, a driver must
notify his/her employer, regardless of the nature of the violation or
the type of vehicle which was driven at the time.
If a driver's
license is suspended, revoked, canceled, or if he/she is disqualified
from driving, his/her employer must be notified. The notification must
be made by the end of the next business day following receipt of the
notice of the suspension, revocation, cancellation, lost privilege or
disqualification.
Employers may not
knowingly use a driver who has more than one license or whose license is
suspended, revoked or canceled, or is disqualified from driving.
Violation of this requirement may result in civil or criminal penalties.
Disqualifications:
-
For conviction
while driving a CMV , drivers must be disqualified and lose their
privilege to drive for 60 to 120 days:
-
Two or more
serious traffic violations within a 3-year period. These include
excessive speeding, reckless driving, improper or erratic lane
changes, following the vehicle ahead too closely, and traffic
offenses in connection with fatal traffic accidents 90 days to 5
years.
-
One or more
violations of an out-of-service order within a 10-year period.1 Year
-
Driving under
the influence of a controlled substance or alcohol; or
-
Leaving the
scene of an accident; or Using a CMV to commit a felony.3 Years:
-
Any of the
1-year offenses while operating a CMV that is placarded for
hazardous materials. Life
-
Second offense
of any of the 1-year or 3-year offenses; or Using a CMV to commit a
felony involving manufacturing, distributing, or dispensing
controlled substances.
-
States have the
option to reduce certain lifetime disqualifications to a minimum
disqualification period of 10 years if the driver completes a driver
rehabilitation program approved by the State.
-
If a CDL holder
is disqualified from operating a CMV, the State may issue him/her a
license to operate non-CMVs. Drivers who are disqualified from
operating a CMV can not be issued a "conditional" or
"hardship" CDL or any other type of limited driving
privileges to continue driving a CMV.
-
For
disqualification purposes, convictions for out-of-state violations
will be treated the same as convictions for violations that are
committed in the home State. The CDLIS will ensure that convictions
a driver receives outside his or her home State are transmitted to
the home State so that the disqualifications can be applied.
CURRENT
STATUS OF THE CDL PROGRAM
Over 8 million
drivers have passed the knowledge and skills tests and obtained a CDL.
Approximately 11 percent of these CDL drivers have been disqualified at
least once during the period of April 1992 through June 1996.
Building on the
success of the CDL program, the FMCSA is exploring ways to enhance and
improve the effectiveness of the CDL program. Some of the current
enhancements and future enhancements being considered include:
Current:
-
Driver Data
Exchange With Canada and Mexico.
-
CDL Judicial
Outreach Project (JOP).
Future:
-
Graduated
Commercial Licenses.
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Third Party CDL
Knowledge Testing.
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Merging Medical
Fitness Determination Into CDL Process.
-
Simulator
Validation for Training & Testing.
Evaluating
Commercial Driver's License Program Vulnerabilities A
study of the states of Illinois and Florida
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