FMCSA amends section of CDL rule

Jan 29, 2003 12:00 PM

Truck drivers with a commercial driver license (CDL) have received a break in the CDL rules related to offenses committed while driving a non-commercial motor vehicle, according to Federal Motor Carrier Safety Administration (FMCSA) information published in the "Federal Register" January 29.

The final rule provides that disqualifications for offenses committed by a CDL holder while operating a non-commercial motor vehicle (non-CMV) would be applicable only if the conviction for such offenses results in the revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges.

The FMCSA amended its CDL rules, effective January 29, concerning disqualification of drivers to make a correction in response to a petition filed by the International Brotherhood of Teamsters, the Transport Workers Union of America, the Transportation Trades Department of the AFL-CIO, and the Amalgamated Transit Union.

At the same time, the agency denied the group's request to shorten the disqualification periods driving a non-CMV while under the influence of controlled substances or alcohol, and established a means to disqualify foreign drivers for offenses committed in a non-CMV in the country of domicile.

Section 201(b) of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1759) requires that FMCSA issue regulations providing for the disqualification of CDL holders who are convicted of a serious offense involving a non-CMV that results in the revocation, cancellation, or suspension of the person's driver's license, or a drug or alcohol related offense involving a non-CMV.

The MCSIA also requires FMCSA to establish minimum disqualification periods for non-CMV offenses based on the seriousness of the offense. However, the disqualification periods for non-CMV offenses must not exceed the disqualification periods for offenses involving a CMV, according to the FMCSA rule.

To see the latest final rule in its entirety, click here for the "Federal Register."