49 C.F.R. Subpart B—Minimum Standards for Substantial Compliance by States
Title 49 - Transportation
The State shall adopt and administer a program for testing and ensuring the fitness of persons to operate commercial motor vehicles (CMVs) in accordance with the minimum Federal standards contained in part 383 of this title. No State shall authorize a person to operate a CMV unless such person passes a knowledge and driving skills test for the operation of a CMV in accordance with part 383 of this title. (a) The State must have in effect and enforce through licensing sanctions the disqualifications prescribed in §383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration. (b) Nothing in this section shall be construed to require a State to apply its criminal or other sanctions for driving under the influence to a person found to have operated a CMV with an alcohol concentration of 0.04, except licensing sanctions including suspension, revocation, or cancellation. (c) A State that enacts and enforces through licensing sanctions the disqualifications prescribed in §383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration and gives full faith and credit to the disqualification of CMV drivers by other States shall be deemed in substantial compliance with section 12009(a)(3) of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31311(a)(3)). [67 FR 49761, July 31, 2002] (a) General rule. The State shall authorize a person to operate a CMV only by issuance of a CDL, unless a waiver under the provisions of §383.7 applies, which contains, at a minimum, the information specified in part 383, subpart J, of this title. (b) Exceptions—(1) Training. The State may authorize a person, who does not hold a CDL valid in the type of vehicle in which training occurs, to undergo behind-the-wheel training in a CMV only by means of a learner's permit issued and used in accordance with §383.23(c) of this title. (2) Confiscation of CDL pending enforcement. A State may allow a CDL holder whose CDL is held in trust by that State or any other State in the course of enforcement of the motor vehicle traffic code, but who has not been convicted of a disqualifying offense under §383.51 based on such enforcement, to drive a CMV while holding a dated receipt for such CDL. Before issuing a CDL to any person, the State shall, within the period of time specified in §384.232, perform the check of the Commercial Driver's License Information System (CDLIS) in accordance with §383.73(a)(3)(ii) of this title, and, based on that information, shall issue the license, or, in the case of adverse information, promptly implement the disqualifications, licensing limitations, denials, and/or penalties that are called for in any applicable section(s) of this subpart. (a) Required checks—(1) Issuing State's records. Before issuing a CDL to any person, the State shall, within the period of time specified in §384.232, check its own driving record for such person in accordance with §383.73(a)(3) of this title. (2) Other States' records. Before the initial or transfer issuance of a CDL to a person, and before renewing a CDL held by any person, the issuing State must: (i) Require the applicant to provide the names of all States where the applicant has previously been licensed to operate any type of motor vehicle. (ii) Within the time period specified in §384.232, request the complete driving record from all States where the applicant was licensed within the previous 10 years to operate any type of motor vehicle. (iii) States receiving a request for the driving record of a person currently or previously licensed by the State must provide the information within 30 days. (b) Required action. Based on the findings of the State record checks prescribed in this section, the State shall issue the license, or, in the case of adverse information, promptly implement the disqualifications, licensing limitations, denials, and/or penalties that are called for in any applicable section(s) of this subpart. [59 FR 26039, May 18, 1994, as amended at 67 FR 49761, July 31, 2002] Within the period defined in §383.73(f) of this title, the State shall: (a) Notify the operator of the CDLIS of each CDL issuance; (b) Notify the operator of the CDLIS of any changes in driver identification information; and (c) In the case of transfer issuances, implement the Change State of Record transaction, as specified by the operator of the CDLIS, in conjunction with the previous State of record and the operator of the CDLIS. (a) No later than 10 days after disqualifying a CDL holder licensed by another State, or revoking, suspending, or canceling an out-of-State CDL holder's privilege to operate a commercial motor vehicle for at least 60 days, the State must notify the State that issued the license of the disqualification, revocation, suspension, or cancellation. (b) The notification must include both the disqualification and the violation that resulted in the disqualification, revocation, suspension, or cancellation. The notification and the information it provides must be recorded on the driver's record. [67 FR 49761, July 31, 2002] (a) Required notification with respect to CDL holders. Whenever a person who holds a CDL from another State is convicted of a violation of any State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the licensing entity of the State in which the conviction occurs must notify the licensing entity in the State where the driver is licensed of this conviction within the time period established in paragraph (c) of this section. (b) Required notification with respect to non-CDL holders. Whenever a person who does not hold a CDL, but who is licensed to drive by another State, is convicted of a violation in a CMV of any State or local law relating to motor vehicle traffic control (other than a parking violation), the licensing entity of the State in which the conviction occurs must notify the licensing entity in the State where the driver is licensed of this conviction within the time period established in paragraph (c) of this section. (c) Time period for notification of traffic violations. (1) Beginning on September 30, 2005, the notification must be made within 30 days of the conviction. (2) Beginning on September 30, 2008, the notification must be made within 10 days of the conviction. [67 FR 49761, July 31, 2002] A State must not knowingly issue a CDL or a commercial special license or permit (including a provisional or temporary license) permitting a person to drive a CMV during a period in which: (a) A person is disqualified from operating a CMV, as disqualification is defined by §383.5 of this subchapter, or under the provisions of §383.73(g) or §384.231(b)(2) of this subchapter; (b) The CDL holder's noncommercial driving privilege has been revoked, suspended, or canceled; or (c) Any type of driver's license held by such person is suspended, revoked, or canceled by the State where the driver is licensed for any State or local law related to motor vehicle traffic control (other than parking violations). [67 FR 49761, July 31, 2002] The State shall not issue a CDL to a person who possesses a driver's license issued by another State or jurisdiction unless such person first surrenders the driver's license issued by such other State or jurisdiction in accordance with §§383.71(a)(7) and (b)(4) of this title. (a) The State shall issue CDLs only to those persons for whom such State is the State of domicile as defined in §383.5 of this title; except that the State may issue a nonresident CDL under the conditions specified in §§383.23(b), 383.71(e), and 383.73(e) of this title. (b) The State shall require any person holding a CDL issued by another State to apply for a transfer CDL from the State within 30 days after establishing domicile in the State, as specified in §383.71(b) of this title. The State must impose on drivers of CMVs appropriate civil and criminal penalties that are consistent with the penalties prescribed under part 383, subpart D, of this subchapter. [67 FR 49761, July 31, 2002] The State shall allow any person to operate a CMV in the State who is not disqualified from operating a CMV and who holds a CDL which is— (a) Issued to him or her by any other State or jurisdiction in accordance with part 383 of this title; (b) Not suspended, revoked, or canceled; and (c) Valid, under the terms of part 383, subpart F, of this title, for the type of vehicle being driven. (a) General rule. The State must disqualify from operating a CMV each person who is convicted, as defined in §383.5 of this subchapter, in any State or jurisdiction, of a disqualifying offense specified in items (1) through (8) of Table 1 to §383.51 of this subchapter, for no less than one year. (b) Special rule for hazardous materials offenses. If the offense under paragraph (a) of this section occurred while the driver was operating a vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (implementing regulations at 49 CFR 177.823), the State shall disqualify the person for no less than three years. [59 FR 26039, May 18, 1994, as amended at 67 FR 49762, July 31, 2002] (a) General rule. The State must disqualify for life from operating a CMV each person who is convicted, as defined in §383.5 of this subchapter, in any State or jurisdiction, of a subsequent offense as described in Table 1 to §383.51 of this subchapter. (b) Special rule for certain lifetime disqualifications. A driver disqualified for life under Table 1 to §383.51 may be reinstated after 10 years by the driver's State of residence if the requirements of §383.51(a)(5) have been met. [67 FR 49762, July 31, 2002] The State must disqualify from operating a CMV for life each person who is convicted, as defined in §383.5 of this subchapter, in any State or jurisdiction of a first offense, of using a CMV in the commission of a felony described in item (9) of Table 1 to §383.51 of this subchapter. The State shall not apply the special rule in §384.216(b) to lifetime disqualifications imposed for controlled substance felonies as detailed in item (9) of Table 1 to §383.51 of this subchapter. [67 FR 49762, July 31, 2002] The State must disqualify from operating a CMV for a period of not less than 60 days each person who, in a three-year period, is convicted, as defined in §383.5 of this subchapter, in any State(s) or jurisdiction(s), of two serious traffic violations as specified in Table 2 to §383.51. [67 FR 49762, July 31, 2002] The State must disqualify from operating a CMV for a period of not less than 120 days each person who, in a three-year period, is convicted, as defined in §383.5 of this subchapter, in any State(s) or jurisdiction(s), of three serious traffic violations as specified in Table 2 to §383.51. This disqualification period must be in addition to any other previous period of disqualification. [67 FR 49762, July 31, 2002] Before issuing a CDL to any person, the State shall, within the period of time specified in §384.232, perform the check of the National Driver Register in accordance with §383.73(a)(3)(iii) of this title, and, based on that information, promptly implement the disqualifications, licensing limitations, and/or penalties that are called for in any applicable section(s) of this subpart. The State shall adopt, and enforce on operators of CMVs as defined in §§383.5 and 390.5 of this title, the provisions of §392.5 (a) and (c) of this title in accordance with the Motor Carrier Safety Assistance Program as contained in 49 CFR part 350 and applicable policy and guidelines. The State must have and enforce laws and/or regulations applicable to drivers of CMVs and their employers, as defined in §383.5 of this subchapter, which meet the minimum requirements of §§383.37(c), Table 4 to 383.51, and 383.53(b) of this subchapter. [67 FR 49762, July 31, 2002] The State must have and enforce laws and/or regulations applicable to CMV drivers and their employers, as defined in §383.5 of this subchapter, which meet the minimum requirements of §§383.37(d), Table 3 to 383.51, and 383.53(c) of this subchapter. [67 FR 49762, July 31, 2002] The State must have and enforce laws and/or regulations applicable to drivers of non-CMVs, as defined in §383.5 of this subchapter, which meet the minimum requirements of Tables 1 and 2 to §383.51 of this subchapter. [67 FR 49762, July 31, 2002] The State must: (a) CDL holders. Record and maintain as part of the driver history all convictions, disqualifications and other licensing actions for violations of any State or local law relating to motor vehicle traffic control (other than a parking violation) committed in any type of vehicle. (b) A person required to have a CDL. Record and maintain as part of the driver history all convictions, disqualifications and other licensing actions for violations of any State or local law relating to motor vehicle traffic control (other than a parking violation) committed while the driver was operating a CMV. (c) Make driver history information required by this section available to the users designated in paragraph (e) of this section, or to their authorized agent, within 10 days of: (1) Receiving the conviction or disqualification information from another State; or (2) The date of the conviction, if it occurred in the same State. (d) Retain on the driver history record all convictions, disqualifications and other licensing actions for violations for at least 3 years or longer as required under §384.231(d). (e) Only the following users or their authorized agents may receive the designated information: (1) States—All information on all driver records. (2) Secretary of Transportation—All information on all driver records. (3) Driver—Only information related to that driver's record. (4) Motor Carrier or Prospective Motor Carrier—After notification to a driver, all information related to that driver's, or prospective driver's, record. [67 FR 49762, July 31, 2002] The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State. [67 FR 49762, July 31, 2002]
Title 49: Transportation
PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
Subpart B—Minimum Standards for Substantial Compliance by States
§ 384.201 Testing program.
§ 384.202 Test standards.
§ 384.203 Driving while under the influence.
§ 384.204 CDL issuance and information.
§ 384.205 CDLIS information.
§ 384.206 State record checks.
§ 384.207 Notification of licensing.
§ 384.208 Notification of disqualification.
§ 384.209 Notification of traffic violations.
§ 384.210 Limitation on licensing.
§ 384.211 Return of old licenses.
§ 384.212 Domicile requirement.
§ 384.213 State penalties for drivers of CMVs.
§ 384.214 Reciprocity.
§ 384.215 First offenses.
§ 384.216 Second offenses.
§ 384.217 Drug offenses.
§ 384.218 Second serious traffic violation.
§ 384.219 Third serious traffic violation.
§ 384.220 National Driver Register information.
§ 384.221 Out-of-service regulations (intoxicating beverage).
§ 384.222 Violation of out-of-service orders.
§ 384.223 Railroad-highway grade crossing violation.
§ 384.224 Noncommercial motor vehicle violations.
§ 384.225 Record of violations.
§ 384.226 Prohibition on masking convictions.
§§ 384.227-384.230 [Reserved]
§ 384.231 Satisfaction of State disqualification requirement.
(a) Applicability. The provisions of §§384.203, 384.206(b), 384.210, 384.213, 384.215 through 384.219, 384.221 through 384.224, and 384.231 of this part apply to the State of licensure of the person affected by the provision. The provisions of §384.210 of this part also apply to any State to which a person makes application for a transfer CDL.
(b) Required action—(1) CDL holders. A State must satisfy the requirement of this part that the State disqualify a person who holds a CDL by, at a minimum, suspending, revoking, or canceling the person's CDL for the applicable period of disqualification.
(2) A person required to have a CDL. A State must satisfy the requirement of this subpart that the State disqualify a person required to have a CDL who is convicted of an offense or offenses necessitating disqualification under §383.51 of this subchapter. At a minimum, the State must implement the limitation on licensing provisions of §384.210 and the timing and recordkeeping requirements of paragraphs (c) and (d) of this section so as to prevent such a person from legally obtaining a CDL from any State during the applicable disqualification period(s) specified in this subpart.
(c) Required timing. The State must disqualify a driver as expeditiously as possible.
(d) Recordkeeping requirements. The State must conform to the requirements of the October 1998 edition of the AAMVAnet, Inc.'s “Commercial Driver License Information System (CDLIS) State Procedures,” Version 2.0. (Incorporated by reference, see §384.107.) These requirements include the maintenance of such driver records and driver identification data on the CDLIS as the FMCSA finds are necessary to the implementation and enforcement of the disqualifications called for in §§384.215 through 384.219, and 384.221 through 384.224 of this part.
[67 FR 49762, July 31, 2002]
§ 384.232 Required timing of record checks.
The State shall perform the record checks prescribed in §§384.205, 384.206, and 384.220, no earlier than 10 days prior to issuance for licenses issued before October 1, 1995. For licenses issued after September 30, 1995, the State shall perform the record checks no earlier than 24 hours prior to issuance if the license is issued to a driver who does not currently possess a valid CDL from the same State and no earlier than 10 days prior to issuance for all other drivers.
§ 384.233 Background records checks.
(a) The State shall comply with Transportation Security Administration requirements concerning background records checks for drivers seeking to obtain, renew, transfer or upgrade a hazardous materials endorsement in 49 CFR Part 1572, to the extent those provisions impose requirements on the State.
(b) The State shall comply with each requirement of 49 CFR 383.141.
[68 FR 23850, May 5, 2003]
Browse Previous | Browse Next
