Press Releases - Federal Motor Carrier Safety Administration

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 It also adds the following two new disqualifying offenses: driving a CMV after a CDL was revoked, suspended or canceled for operating a CMV; and causing a fatality through the negligent or criminal operation of a CMV.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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