COMMERCIAL MOTOR VEHICLE LICENSING LAWS QUIZ
True or False 1. In crashes between large trucks and passenger cars and light trucks, the majority of fatalities are the occupants of passenger cars and light trucks. Large trucks are involved in a disproportionate number of traffic fatalities. Traffic code violations such as “failure to maintain a single lane,” “driving too fast for conditions or in excess of posted speeds,” “reckless driving” and “following too closely” are not considered serious driver violations because they rarely contribute to crashes involving large trucks. In 2001, Texas led the nation in fatal traffic accidents, both per capita and based on number of miles travelled. Speeding was a contributing factor in over one third of traffic fatalities in Texas in 2001. Texas reported the most fatalities involving large trucks? A majority of the children under 5 killed in traffic collisions in Texas is 2001 were unrestrained. Over the past 20 years there has been a only a minor increase in registered large trucks and the miles traveled by large trucks. You are more likely to be involved in a fatal crash involving a large truck in an urban setting than a rural area.
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CHAPTER 1
YOUR LICENSE TO DRIVE
WHO MAY OPERATE A MOTOR VEHICLE IN TEXAS
1. Residents who have a valid Texas driver’s license. 2. The driver of an official motor vehicle in the service of the United States or state military service—without a valid Texas driver’s license, unless the vehicle is a Commercial Motor Vehicle as defined in Section 522.003(5), Texas Commercial Driver’s License Act (Texas Transportation Code). See pages 1-5 through 1-7 for a further explanation. 3. Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway is exempt from licensure, unless the vehicle is a Commercial Motor Vehicle as defined in Section 522.003(5), Texas Commercial Driver’s License Act (Texas Transportation Code). See pages 15 through 1-7 for a further explanation. 4. A nonresident (at least 16 years of age) who has in his possession a valid driver’s license issued to him in his home state may operate a vehicle which is permitted to be operated with a Class C driver’s license in Texas. 5. Nonresidents (at least 18 years of age) may drive any vehicle in Texas if they are legally licensed to drive such a vehicle in their home state or country, and their home state or country grants like recognition to citizens of Texas. 6. The validity of any Texas driver’s license held by any person who enters or is in the United States Armed Forces shall continue in full force and effect so long as the service continues and the person remains absent from this State, and for not to exceed 90 days following the day on which the licensee is honorably separated from the service or returns to this state, unless the license is sooner suspended, cancelled, or revoked. 7. A nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and such nonresident’s spouse or dependent son or daughter who has a valid license issued by such person’s home state. 8. Any person on active duty in the Armed Forces of the United States who has in his possession a valid license issued in a foreign country by the Armed Forces may operate a motor vehicle in this state for a period of time not to exceed 90 days from the date of his return to the United States. 9. New residents who are properly licensed have 30 days after entry into the state to secure a Texas driver’s license.
THE TYPES OF TEXAS DRIVER’S LICENSES
INSTRUCTION PERMIT:
This is a permit issued without a photograph for the purpose of permitting a student driver to legally practice when accompanied by a licensed driver, who is at least 18 years of age and has had at least one year driving experience and who is occupying the seat beside the driver.
Minimum Age: 15 with driver education. Fee: $5.00 Expiration: Issued until the applicant’s next birth date. Not renewable as an instruction permit but must be
renewed as a photo-type license at regular fees upon expiration or at the time the driving test is passed and the restrictions are removed.
SPECIAL NOTE: A person may not receive a Texas driver’s license until he surrenders to the Department all
valid driver’s licenses in his possession issued to him by this or any other state.
SPECIAL NOTE: If you are under 18 years of age you must prove when you apply for your first Texas driver’s
license or instruction permit and again each time your license is renewed until your 18th birthday that you:
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1) Have obtained a high school diploma or its equivalent; or 2) Are a student enrolled in a public or private school who attended school for at least 80 days in the fall or spring semester preceding the date of application; or 3) Have been enrolled for at least 45 days, and are currently enrolled in a program to prepare persons to pass the high school equivalency exam. The Texas Education Agency has developed an attendance certification form that you must obtain from your respective school. Have the school officials complete and sign it, and then present it to the Drivers License personnel when you are applying for or renewing your driver’s license.
PROVISIONAL LICENSE:
All original licenses, other than an instruction permit, issued to persons under 18 years of age will be marked “provisional.” The photograph of the licensee will show a profile and will be dated to expire on the applicant’s next birth date occurring after the date of issuance. A minimum fee of $5.00 is required. The renewal fee is $5.00 for each one year renewal period. Non-commercial driver’s licenses issued to persons age 18 or over will be valid for six years and cost $24.00.
SPECIAL NOTE: Licensees under 21 years old will have “Under 21” printed upon their license.
CLASSIFIED DRIVER’S LICENSE (Texas Transportation Code, Section 521)
The following listed Class A, B, C, and M licenses will be issued to persons who are exempt from obtaining a Commercial Driver’s License or persons who are not required to obtain a Commercial Driver’s License: 1. Class A driver’s license permits a person to drive any vehicle or combination of vehicles with a gross combination weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle(s) being towed is in excess of 10,000 pounds; including a vehicle included in Class B or Class C, except a motorcycle or moped.
Minimum Ages: 18, or 17 with completion of an approved driver education course including classroom and
practical training or approval of minor’s hardship application.
Fee: $24.00 or 6 years (provisional licenses [issued to someone under the age of 18, expire on birth date each
year until the age of 18] or instruction permits the fee is $5.00). 2. Class B driver’s license permits a person to drive the following vehicles, except a motorcycle or moped: a. a single vehicle with a gross vehicle weight rating of 26,001 pounds or more, and any such vehicle towing either a vehicle with a gross vehicle weight rating that does not exceed 10,000 pounds, or a farm trailer with a gross vehicle weight rating that does not exceed 20,000 pounds; b. a bus with a seating capacity of 24 passengers or more, including the driver; and c. a vehicle included in Class C.
Minimum Ages: 18, or 17 with completion of an approved driver education course including classroom and
practical training or approval of a minor’s hardship application.
Fee: $24.00 for 6 years (provisional licenses [issued to someone under the age of 18, expire on birth date each
year until the age of 18] or instruction permits the fee is $5.00). 3. Class C driver’s license permits a person to drive the following vehicles, except a motorcycle or moped: a. a single vehicle, or combination of vehicles, that is not a Class A or B; and b. a single vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that does not exceed 20,000 pounds.
Minimum Ages: 18, or 16 with completion of an approved course of driver education including classroom and
practical training, or 15 with approval of minor’s hardship application.
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Fee: $24.00 for 6 years (provisional licenses [issued to someone under the age of 18, expire on birth date each
year until the age of 18] or instruction permits the fee is $5.00). 4. Class M driver’s license permits a person to drive a motorcycle or moped.
Minimum Ages:
a. Motorcycle—18, or 16 with completion of an approved course of driver education (32 hours classroom and the 16-hour Department approved Basic Motorcycle Operator Training Course) b. Moped—15 years of age c. Motor-driven cycle of 250cc or less 1) 2) 15 with Department approval for minor’s hardship license 15 with completion of an approved course of driver education (32 hours classroom and the 16hour Department-approved Basic Motorcycle Operator Training Course)
Fee: $24.00 for 6 years (provisional licenses [issued to someone under the age of 18, expire on birth date each
year until the age of 18] or instruction permits the fee is $5.00). A motorcycle endorsement to a current license requires a $15.00 examination fee. An additional fee of $8.00 will be required when renewing a Class M license.
SPECIAL NOTE: All applicants who apply for an original or renewal of their driver’s license or identification card
may elect to pay an additional voluntary contribution of $1.00 to either one or both of the following programs: The Blindness Education, Screening, and Treatment Program which is administered by the Texas Commission for the Blind, allows for the screening and treatment of individuals who are without adequate medical coverage. The Anatomical Gift Education program, administered by the Texas Department of Health, serves to educate the public on the procedures and benefits for becoming an organ, eye, or tissue donor or donee.
COMMERCIAL DRIVER’S LICENSE (CDL) - (Transportation Code, Chapter 522)
See next SPECIAL NOTE. The holder of a valid Commercial Driver’s License may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and mopeds. Vehicles that require an endorsement may not be driven unless the proper endorsement appears on the license. Authorization to operate motorcycles must be shown on the Commercial Driver’s License.
1. Class A Commercial Driver’s License permits a person to drive any combination of vehicles with a gross
combination weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed exceeds 10,000 pounds.
Minimum Ages: 21 (interstate commerce driving) or 18 (intrastate driving). Fee: $60.00 for 6 years
2. Class B Commercial Driver’s License permits a person to drive any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any one of those vehicles towing a vehicle that does not exceed 10,000 pounds gross vehicle weight rating, and any vehicle designed to transport 24 passengers or more, including the driver.
Minimum Ages: 21 (interstate commerce driving) or 18 (intrastate driving). Fee: $60.00 for 6 years
3. Class C Commercial Driver’s License permits a person to drive any single vehicle, or combination of vehicles, that is not a Class A or B if either vehicle is a. designed to transport 16 to 23 passengers, including the driver; or b. used in the transportation of hazardous materials that require the vehicle to be placarded under 49 C.F.R., Part 172, Subpart F.
Minimum Ages: 21 (interstate commerce driving) or 18 (intrastate driving).
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Fee: $60.00 for 6 years CDL ENDORSEMENTS: The Department may issue Commercial Driver’s Licenses with the following
endorsements:
Code H—Authorizing the driver to drive a vehicle transporting hazardous materials; Code T—Authorizing the towing of double and triple trailers over a specified weight; Code P—Authorizing the driving of vehicles carrying passengers; Code N—Authorizing the driving of tank vehicles; and Code X—Representing a combination of hazardous materials and tank vehicle endorsements. SPECIAL NOTE: On or after April 1, 1992, a person may not drive a commercial motor vehicle unless the person
has in his immediate possession a valid Commercial Driver’s License CDL appropriate for the class of vehicle being driven.
Exemptions: Persons operating the following vehicles are exempt from a Commercial Driver’s License CDL:
1. A vehicle that is: a. controlled and operated by a farmer; b. used to transport agricultural products, farm machinery, or farm supplies to or from a farm; c. not used in the operations of a common or contract motor carrier; and d. used within 150 miles of the person’s farm. 2. A fire-fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter; 3. A military vehicle, when operated for military purposes by military personnel, members of the Reserves and National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time training, and National Guard military technicians; 4. A recreational vehicle that is driven for personal use; 5. A vehicle that is owned, leased, or controlled by an air carrier, as defined by Section 21.155 of the Transportation Code, and that is driven or operated exclusively by an employee of the air carrier only on the premises of an airport, as defined by Section 22.001 of the Transportation Code, on service roads to which the public does not have access; or 6. A vehicle used exclusively to transport seed cotton modules or cotton burrs. Farm-Related Service Industry (FRSI) Waiver: The Department may waive the Commercial Driver’s License (CDL) knowledge and skill tests required by Section 522.022 of the Transportation Code, and provide for the issuance of a restricted CDLto an employee of a farm-related service industry. Seasonal drivers of the following FRSI are authorized by federal regulation to obtain the FRSI waiver and be issued a restricted CDL: (1) Farm retail outlets and suppliers; (2) agri-chemical businesses; (3) custom harvesters includes cotton modular operators; and (4) livestock feeders. FRSI CDL’s shall be issued for Class B and Class C vehicles only (Class A vehicles are not included in the waiver). Texas regulations require that persons who apply for an FRSI CDL pass a 20-question examination over Class A-B rules and a Class B non-CDL skills test. Persons who drive commercial motor vehicles as defined on pages 1-5, 1-6, and 1-7 must obtain the appropriate Commercial Driver’s License (CDL) by meeting all of the requirements and testing required or by certifying that they fall within one of the exemptions to meet license requirements of Chapter 521 of the Transportation Code (Class A, B, C, M - non-CDL). (See CLASSIFIED DRIVER’S LICENSE - Transportation Code, Chapter 521.) If you need further information or if you are required to obtain a Commercial Driver’s License, please ask for a copy of the Texas Commercial Motor Vehicle Drivers Handbook at your local Drivers License Office. This handbook has all the necessary information that you must know in preparing to take the knowledge and skills tests for a Commercial Driver’s License (CDL).
ESSENTIAL NEED LICENSE:
This is a special license issued by the Department of Public Safety to persons whose licenses have been suspended for causes other than physical or mental disability or impairment and can prove an essential need to
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drive. Applications for such licenses are made to the district or county court of the county of the licensee’s residence or to the court of original jurisdiction, whichever is applicable. A person who is issued this license must carry a certified copy of the court order with him when operating a motor vehicle. The person must allow a peace officer to examine the order at the officer’s lawful request.
Fee: $10.00 SPECIAL NOTE: Veterans who receive at least 60 percent service connected disability compensation are
exempt from paying any fees for a driver’s license (exemption does not apply to Commercial Driver’s License [CDL] applicants or to Identification Card applicants), but must meet all other licensing requirements. Forms for disability requests are available at Drivers License Offices.
IDENTIFICATION CARD:
The Department is authorized to issue a personal identification card with a photograph for those individuals who find it desirable. Identification cards bear a distinguishing number similar to a driver’s license and are maintained in the driver records file. Applicants must furnish birth certificates or other acceptable proof of date of birth.
SPECIAL NOTE: Identification cards issued to anyone under 21 years of age will have “Under 21” printed upon
their identification card.
Fee: $15.00, except for persons age 60 or older the fee is $5.00 Expiration: On birth date six years from year issued, except that identification cards issued to a person age 60 or
older do not expire.
ALLERGIC REACTION TO DRUG:
All driver’s licenses will provide a space for the licensee to indicate any drug allergy a person may have.
ANATOMICAL GIFTS:
The Department of Public Safety offers the “Live and Then Give” pamphlets to any person who visits a Driver License Office. The pamphlet has two detachable cards that can be completed and carried by the individual as evidence of their intentions to be an eye, tissue, or organ donor. A small sticker stating “DONOR” is also included, and may be placed on the front of the driver’s license or identification card to indicate the individual’s desire to be an organ donor. Licenses and identification cards that were issued prior to September 1, 1997 which indicate a person’s wish to be an eye, tissue, or organ donor shall be conclusive evidence of a decedent’s status as a donor and serve as consent for organ, tissue, and eye removal.
MEDICAL AND EMERGENCY INFORMATION:
On the reverse side of the driver’s license, the Department shall print the statement “Directive to physician has been filed at telephone #” and “Emergency contact telephone #”. The Department shall provide a surface on which the license holder may write an appropriate telephone number and a box to the left of the statement to indicate for what purpose the telephone number applies.
SPECIAL NOTE: All applicants for a Texas driver’s license are required by state laws (Sections 521.044,
521.142, 522.021 of the Transportation Code; and Section 231.302 of the Family Code) to present evidence (social security card or other acceptable document) of the person’s social security number. The purpose of requiring a person to provide proof of their social security number is to assist the Department in determining the proper identity of each license holder.
HOW TO OBTAIN YOUR TEXAS DRIVER’S LICENSE
SPECIAL NOTE: If you are required to obtain a Commercial Driver’s License (CDL), comply with the following
listed procedures plus there are several additional applications you must complete. If you are not required to obtain a Commercial Driver’s License (CDL), then only the following requirements must be met. 1. APPLICATION—You can get the application form and fill it out at your nearest Drivers License Office. You can find the office nearest you by looking in the directory in the back of this handbook or visit our website at www.txdps.state.tx.us. Your application must be made in person.
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a. You will furnish 1) your full name, 2) identification documents. Every original applicant must present: (a) One piece of stand-alone identification; or (b) One piece of documented identification plus one or more pieces of support identification. Stand-alone identification includes the following: Valid or expired Texas driver’s license or identification card; United States passport; United States Citizenship Naturalization certificate with identifiable photo; United States Immigration and Naturalization Service document with verified data and identifiable photo; valid photo driver’s license or photo identification issued by another U.S. state, Canadian Province, Puerto Rico, or the District of Columbia; or United States military identification card with identifiable photo. Documented identification (these items are recorded governmental documents [United States, one of the 50 states, a United States territory, District of Columbia] whose authenticity can be verified [traceable to an original source for confirmation or refutation]) includes the following: original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency; original or certified copy of U.S. Department of State Certification of Birth (issued to U.S. citizens abroad); original or certified copy of Canadian Birth Certificate issued by a Canadian Providence or equivalent Canadian agency; and original or certified copy of a court order with name and date of birth. For applicants born before 1961, the following items would be acceptable: original or certified copy of Form DD-214; and original or certified copy of other state or federal government record that states name and date of birth (such as a U.S. Census record or Social Security record). Supporting identification includes the following: public school records; infant baptismal records; insurance policy (at least two years old); vehicle title; home mortgage records; marriage license; two years of utility bills; children’s birth certificates; library card; military records; award or certificate from an educational institution; original or certified copy of marriage license or divorce decree; voter registration card; Social Security card; Pilot’s license; Concealed Handgun license. 3) physical description, 4) Social Security card or other acceptable proof of Social Security number, 5) thumbprints, 6) home address, 7) a brief history of your physical and mental condition (persons with certain medical limitations may have their cases reviewed by the Texas Medical Advisory Board for Driver Licensing before the license is issued), For your own protection and that of other motorists, you should report any major change in your physical or mental condition to the Department of Public Safety for evaluation. 8) your past driving experience and record. 9) current county of residence and U.S. citizenship status. b. A complete record of your examination (see next section) will be shown on your application and forwarded to the Department headquarters where it becomes a part of your permanent driving record. Any convictions for moving traffic violations or accidents which occur will be recorded on this permanent folder. c. A new resident of the State of Texas must submit with the application for a Texas driver’s license evidence (registration receipt issued by the tax assessor-collector of the county in which the new resident resides is satisfactory evidence that a motor vehicle is registered in Texas) that each motor vehicle owned by the person is currently registered in Texas or an affidavit that the applicant does not own a motor vehicle required to be registered in this state before the application will be accepted.
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d. All original (first time applying for a license) applicants for a Texas driver’s license must submit with the application for a license the required fee (license fee) before any examination may be given. The fee allows the applicant to take three examinations for each type of test required. If, after three examinations, an applicant has not passed, a new application and fee must be paid before any additional tests may be taken. e. The Department shall provide to each person who applies in person at the Department’s offices for an original or renewal of a driver’s license, a personal identification card, or a duplicate or corrected license or card, an opportunity to complete a voter registration application form. f. An application for an original driver’s license must be accompanied by evidence of financial responsibility or a statement that the applicant does not own a motor vehicle for which maintenance of financial responsibility is required under the Texas Motor Vehicle Safety-Responsibility Act. Evidence of financial responsibility presented must be in at least the minimum amount required by the Act, and must cover each motor vehicle that the applicant owns and for which the applicant is required to maintain financial responsibility.
SPECIAL NOTE: If you do not pass the knowledge and driving tests on the date of your first application, your
incomplete application will be retained in the Drivers License office for 90 days. After 90 days and you have not passed all required tests, the application will be destroyed and a new application and fee will be required.
SPECIAL NOTE CONCERNING MINORS: If you are under 18 years of age, your application must be signed
under oath by the parent having custody, otherwise the guardian having custody. If the minor has no guardian, the employer or county judge of his residence may sign. This person, before your 18th birthday, may ask the Department to cancel your license. This request must be in writing and sworn to before an officer authorized to administer oaths. In addition, the minor applicant and co-signer must sign a Zero Tolerance notification document that explains the ZERO TOLERANCE LAW that is applicable to a person under the age of 21. See page 10-7 for more information on this law.
WHO MAY SIGN: Parent having custody; otherwise guardian, employer, or county judge.
2. EXAMINATION—Careful study of this handbook should help you do well. The examination consists of four parts: road rules, road signs, vision, and skills test. All four parts must be taken by each person who makes application for an original license as well as by any person whose last Texas license expired more than two years ago.
Exceptions: The road signs, rules, and driving tests are not required for applicants who surrender a valid out-ofstate license. Applicants ages 15-18 are not required to take a driving test if they present a Texas Driver Education Certificate stating the person has completed both the classroom and laboratory phases of the Texas Driver and Traffic Safety Education Course. Applicants who complete the Department-approved Basic Motorcycle Operator Training Course will not be required to take a driving test for a Class M (motorcycle) license provided the person already has a valid unrestricted Texas driver’s license. Also, the driving test is not required for applicants applying for an instruction permit.
PART 1—THE RULES TEST
Three types of rules tests are given: 1-12 Type 1—rules test for all original applicants Type 2—motorcycle road rules for motorcycle and moped applicants Type 3—rules for operators of Class A and Class B vehicles The answer to the questions on these tests can be found either in this handbook or the supplements. If you are taking a type 2 or type 3 test, the proper supplement should also be studied carefully. To pass you need a grade of 70% or better. An oral test may be arranged when it is needed.
PART 2—THE SIGNS TEST
A set of written questions on the meaning of standard highway signs will be given. To prepare for this test study the section in the handbook called “Traffic Signs.” • You need a grade of 70% or better to pass. • An oral test will be given when it is needed.
PART 3—THE VISION TEST
Your vision will be tested. You may be required to wear corrective lenses while driving if they will improve your vision and help to increase the safety of your driving.
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PART 4—THE DRIVING TEST is given only after all other tests have been passed and evidence of automobile
liability insurance covering the vehicle is presented or the vehicle is exempt under the Act. The type of vehicle that must be used for the driving test depends on the class of license applied for. A $10.00 examination fee is required when changing from a lower to a higher class license or when adding Commercial Driver’s License (CDL) endorsements or removing restrictions from a license. When adding a Class M to an existing license the fee is $15.00.
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Driver Improvement Bureau
The Driver Improvement Bureau's primary function is to help ensure the safety of the motoring public on Texas roadways. Driver Improvement has the statutory authority to suspend, revoke or cancel driving privileges of hazardous drivers and, when possible, provide options to restore a citizen's driving privilege. DIB evaluates the driving performance of those who jeopardize the safety of others. The drivers are identified through receipt of convictions of traffic violations or receipt of information concerning a medical condition, which could prevent safe operation of a motor vehicle. Upon identification, the bureau takes corrective action that may result in the loss of license and/or driving privilege. This includes out-of-state violations, as well as an adverse driving status in another state(s). DIB responds to written inquiries and telephone calls from affected citizens and communicates with courts throughout the state, and country to insure the accuracy of conviction reports. A suspension period is generally a set suspension time with a beginning date and an ending date. A revocation or cancellation is an indefinite suspension period that requires the subject to comply/submit items to lift the revocation or cancellation of the license. A Disqualification disqualifies a person from operating a commercial motor vehicle, or applying for a commercial driver's license. A person may still operate a non-commercial motor vehicle while under a disqualification. There is a beginning date and an ending date to the disqualification period and does not require reinstatement items to be submitted to the Department. A Deny Renewal means a person has been denied the renewal of their driver's license or the issuance of a driver's license if the person is not currently licensed, until the person submits or complies with a requirement. A Probation for a Departmental Suspension (i.e., Habitual Traffic Violations, Violate License Restriction) means a person's driver's license suspension was probated. A probation period has a beginning date and an ending date and does not require reinstatement items to be submitted to the Department. The person is legally entitled to drive during this probationary period provided no other suspensions are in effect and the license is not expired.
The Medical Advisory Board [HSC Subch. H]
A panel of thirty-five physicians that are appointed by the Texas Department of Health governs the Medical Advisory Board (MAB). Three physicians from the panel convene to review possible medical conditions as they relate to the driving ability of reported Texas drivers. This panel reviews medical documentation submitted by the subject’s personal doctor regarding the condition in question. The Department of Public Safety acts in accordance with the medical findings of the Medical Advisory Board by enforcing the decisions of medically incapable or medically approved to drive. A person who is found medically incapable of safely operating a motor vehicle is subject to license revocation. [TRC 521.294 (1)] A Texas driver may be reported to the Medical Advisory Board by physicians, family, friends, acquaintances, driver license field personnel, anonymously or by admission of a possible health condition that may interfere with the safe operation of a motor vehicle upon application or renewal for a Texas driver license. All reports are kept confidential and are not included in public records. If you wish to report a possible medical condition of a Texas driver, you must be able to identify the Texas driver with full name and date of birth or Texas driver license number. Please send your
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written concern to the Texas Department of Public Safety, PO Box 4087, Austin, TX 78773-0320, Attention: Driver Improvement Bureau. Note: Verbal notification is not sufficient information for the Department to take action.
Habitual Violator Offenses and Consequences [TRC 521.292(3)]
The Department shall suspend the person's license if the Department determines that the person has received: At least four (4) convictions for moving traffic violations within a twelve (12) month period. At least seven (7) convictions for moving traffic violations within a twenty-four (24) month period. The person may contest the suspension of the license by requesting an Administrative Hearing. Should the driving privilege be suspended, a reinstatement fee will be required prior to the renewal or issuance of a drivers license.
Child Support [FC Ch.232]
Upon receipt of a notice of Revocation from the Attorney General’s Office by the Department of Public Safety, DPS will take revocation action against a Texas driver licensee for failure to pay Child Support. The license will remain revoked until the Attorney General’s Office submits an order vacating or staying the order of suspension. No reinstatement fee is required to reinstate driving privileges.
Driving While Intoxicated Offenses and Consequences
Offenders convicted of Driving While Intoxicated who are 21 years of age or over, may be required to attend an authorized Alcohol Education Program, may be suspended, or may receive probation for their offenses. Probation: If convicted of DWI and granted probation, offender will be required to attend an Alcohol Education Program authorized by Texas Commission on Alcohol and Drug Abuse unless the requirement is waived by the presiding judge. Completion of the program must be done within 180 days from date of conviction or revocation action will take place. A reinstatement fee will be required if the Texas license is revoked. [CCP Art. 42.12, Sect. 13 (h)] Suspension: The Texas driver license may be suspended for a period of ninety (90) days to one (1) year (first-time offenders). Suspension will continue beyond the mandatory term unless Safety Responsibility * requirements are fulfilled. [TRC 521.344]
Offenders convicted of Driving While Intoxicated who are under 21 years of age will receive a one (1) year driver license suspension in addition to the Safety Responsibility * requirements. An authorized Alcohol Education Program must be completed before the license may be reinstated. [TRC 521.342] Under 21 DWI offenders may receive a ninety (90) day driver license suspension, with Safety Responsibility * requirements, only if a deep lung breath analysis mechanism and community service are also ordered by presiding judge. (A special license must be issued to drive with a deep-lung mechanism) [CCP 42.12 sec. 13 para. n]
Drug Offenses and Consequences [TRC 521.372 (c)]
Offenders, 21 years and older, convicted of a drug offense or controlled substance offense will receive a driver license suspension of 180 days. In addition to the suspension, the offender must comply with the Safety Responsibility * requirements and complete an authorized Drug Education Program through the Texas Commission on Alcohol and Drug Abuse. Failure to complete the program will result in a revocation of the license beyond the 180 days suspension until the
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Department receives a completion certificate. Offenders under the age of 21 will receive a driver license suspension of 365 days with the Safety Responsibility * requirements. Requirement to attend an authorized Drug Education Program is determined by the presiding judge. Failure to complete the program, if required, will result in a revocation of the driver license beyond the 365-day suspension until the Department receives a completion certificate. [TRC 521.343] Offenders who do not have a Texas driver license at the time of offense will be denied a Texas driver license for a period of 180 days. The Order of Prohibition (180 days) will begin upon first contact with DPS Driver License Personnel. Safety Responsibility * requirements will be in effect for this suspension. The SR-22 insurance certificate will be required for two (2) years from the date of conviction for the drug offense.
Minor Alcohol Offenses and Consequences [ABC Ch. 106]
Individuals under 21 years of age, which are convicted of the following offenses, will receive a 30day suspension (1st offense) of the driver license. Second offenses will receive a 60-day suspension, while third offenses will be suspended for 180 days. Purchase of alcohol Attempt to purchase alcohol Consumption of alcohol Possession of alcohol Misrepresentation of age
Offenders will also be required to attend an Alcohol Awareness Course approved by the Texas Commission of Alcohol and Drug Abuse. Failure to complete the program will result in a 180-day driver license suspension. Only the convicting court may notify the Department of course completion.
Driving Under the Influence by a Minor [ABC 106.041]
Under ABC 106.041, a minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. The minor will receive a license suspension authorized under TRC 524.022 of sixty (60) days for the first offense, 120 days for a second offense, 180 days for a third offense.
Tobacco Awareness [HSC 161.253]
An individual under 18 years of age who is convicted of possession, purchase, consumption or receipt of cigarettes or tobacco products must attend a tobacco awareness program approved by the Texas Department of Health. Failure to complete the program, within 90 days, could result in a suspension of the Texas driver license or privilege. The convicting court will notify the Department of a suspension, which is not to exceed 180 days. The Department will then notify the individual by certified mail of suspension dates.
* Safety Responsibility Requirements [TRC Ch. 601.340]
Texas statute provides a Safety Responsibility Law or Evidence of Financial Responsibility Law, for individuals whose driver license or privilege has been suspended or revoked. In order to reinstate driving privileges, individuals are required to file and maintain insurance in the form of an SR-22, original pink copy, with the Department. SR-22 insurance is mandatory for a period of two (2) years from date of conviction. A reinstatement fee is also required with the SR-22. Within the
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two-year time frame, if the Department receives notice from the insurance company that insurance coverage has been canceled, suspension action will be taken.
You may send Reinstatement Fees and SR-22 Insurance Certificates to: Texas Department of Public Safety PO Box 15999 Austin, Texas 78761-5999
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Texas
Toll Of Motor Vehicle Crashes, 2001
Change Year 2000 2001
Contents Next
2001 Fatalities Fatality Rate per 100M VMT Fatality Rate per 100K Population
Texas 3,724 1.72 17.46
US 42,116 1.51 14.79
Best State
TOTAL TRAFFIC FATALITIES
0.90 7.48
2000 Economic Cost of Motor Vehicle Traffic Crashes Texas US Total $ 19.761 Billion $ 230.568 Billion
Fatalities in Alcohol-Related Crashes, 2001 Percentage > 0.01 BAC Texas US Total Best State 48.0% 41.0% 23.0% Percentage > 0.08 BAC 43.0% 35.0% 19.0%
Alcohol Related Passenger Vehicle Occupant Fatalities, 2001 Restraint Use Rates, 2001 Fatally Injured Occupants (Known Use Only) 46.7% 40.5% 59.6%
Rate per 100 million VMT 0.83 0.63 0.29
Observed Use 76.1% 73.0% 91.1%
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Available NHTSA Financial Resources
Highway Safety Program Funds FY 2001 Section 402 Formula Section 154 Open Container Transfer Section 164 Repeat Offender Transfer Section 157 Safety Belt Use Incentive Section 2003b Child Occupant Protection Education Section 157 Safety Belt Use Innovative Section 411 Data Section 163 .08 Blood Alcohol Concentration (BAC) Section 405 Occupant Protection Section 410 Impaired Driving SAFETY TOTAL FY 2002
$9,867,628 $10,825,339 $18,515,036 $18,515,035 $3,739,500 $508,800 $1,914,541 $0 $0 $0 $4,112,100 $540,615 $3,870,709 $0
$8,972,703 $10,372,603 $1,327,722 $0 $1,406,378 $0
$63,360,965 $31,127,744
DRUNK DRIVING — Status of Key Legislative Issues Administrative license revocation 0.08 BA per se law Yes Zero Tolerance for drivers under age 21 0.00 BAC Yes No Percent of Fatal Crashes That Are Speed Related, 2001 37.3% 29.7% 8.6%
Yes Graduated licensing
Qualifies for Section 410 Incentive Grant Program Number of Fatalities Involved in Speed Related Crashes, 2001 1,416 12,850
SPEED
Estimated Cost of All Speed Related Crashes, 2000 $3,475 Million $40,390 Million $44 Million
Texas US Total Best State
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RESTRAINT USE Texas
Passenger Vehicle Occupant Deaths (age 5+) Total 2789 Restrained Unrestrained 1283 1457 Unknown 49
Current Lives Saved 1455
Savable at 100% 2191
Front seat occupants of passenger cars > Model Year 1972 - <$50 Fine CHILD RESTRAINTS (Includes Child Seats & Belts) Texas Passenger Vehicle Occupant Deaths (age <5) Total 74 Restrained Unrestrained 33 40 Unknown 1 Current Lives Saved 45 Savable at 100%
69
Restraint required < 4 - $200 Fine Motorcycle Rider Deaths MOTORCYCLES Total 243 Helmeted Unhelmeted Unknown 71 166 6 Current Lives Saved by Helmets 27
Savable at 100% 73
Texas
Helmet use required for passengers < 21 - $50 Fine
Alcohol Related Fatalities by County
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Change in Alcohol Related Rates over time, Texas Fatalities and Fatality Rate per 100 Million VMT Fatalities Year 1982 1983 3,823 1984 3,912 2,457 63 2.8 1985 3,678 2,271 62 2.6 1986 3,567 2,206 62 2.4 1987 3,260 1,951 60 2.2 1988 3,392 2,011 59 2.2 1989 3,370 1,927 57 2.1 1990 3,250 1,989 61 2.1 1991 3,078 1,814 59 1.9 1992 3,059 1,818 59 1.9 1993 3,043 1,748 57 1.8 1994 3,187 1,725 54 1.8 1995 3,183 1,739 55 1.8 1996 3,742 1,967 53 2 1997 3,513 1,710 49 1.8 1998 3,586 1,745 49 1.7 1999 3,522 1,700 48 1.7 2000 3,779 1,841 49 1.7 2001 3,724 1,789 48 1.7 Source: 1982-2000 (Final) FARS Files and 2001 FARS Annual Report File, 2002 FHWA Highway Statistics Annual Series 1.78 1.59 1.49 1.29 1.29 1.21 1.27 1.14 1.11 1.04 0.97 0.96 1.05 0.86 0.85 0.81 0.84 0.83 2,503 65 2.9 1.9 Last 1 Year -1% 0% Tot 4,213 Alc-Rel % 2,801 66 Fatality Rate Tot 3.4 Alc-Rel 2.24 Last 3 Years -2% 0% 1982 to 2001 Last 10 years Last 5 years -63% -62% -27% -32% -21% -11% Texas vs. US Time Period Texas US
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“The economic cost of speeding-related crashes is estimated to be $40.4 billion each year.”
A Public Information Fact Sheet on Motor Vehicle and Traffic Safety Published by the National Highway Traffic Safety Administration’s National Center for Statistics and Analysis
NHTSA has revised the definition of a speeding-related crash. A crash is considered speeding-related if the driver was charged with a speeding-related offense or if an officer indicated that racing, driving too fast for conditions, or exceeding the posted speed limit was a contributing factor in the crash. Speeding is one of the most prevalent factors contributing to traffic crashes. The economic cost to society of speeding-related crashes is estimated by NHTSA to be $40.4 billion per year. In 2002, speeding was a contributing factor in 31 percent of all fatal crashes, and 13,713 lives were lost in speeding-related crashes. Motor vehicle crashes cost society an estimated $7,300 per second. The total economic cost of crashes was estimated at $230.6 billion in 2000. The 2000 costs of speeding-related crashes were estimated to be $40.4 billion — $76,865 per minute or $1,281 per second. Speeding reduces a driver‘s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation.
Figure 1. Fatal Crashes by Speeding Status, 1992-2002
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For drivers involved in fatal crashes, young males are the most likely to be speeding. The relative proportion of speeding-related crashes to all crashes decreases with increasing driver age. In 2002, 39 percent of the male drivers 15 to 20 years old who were involved in fatal crashes were speeding at the time of the crash.
Figure 2. Speeding Drivers in Fatal Crashes by Age and Sex, 2002
“In 2002, 39 percent of male drivers 15 to 20 years old involved in fatal crashes were speeding.”
In 2001, NHTSA began using a revised method — multiple imputation — to estimate missing information about blood alcohol concentration (BAC) levels for persons involved in fatal crashes. The alcohol estimates in this fact sheet are based on the new imputation method. More information on the new multiple imputation method, including detailed tabulations of alcohol involvement in various categories (age, sex, time of day, etc.), is available in NHTSA Technical Report DOT HS 809 403, Transitioning to Multiple Imputation: A New Method to Estimate Missing Blood Alcohol Concentration (BAC) Values in FARS. Alcohol and speeding are clearly a deadly combination. Alcohol involvement is prevalent for drivers involved in speeding-related crashes. In 2002, 42 percent of the intoxicated drivers (BAC = 0.08 or higher) involved in fatal crashes were speeding, compared with only 15 percent of the sober drivers (BAC = 0.00) involved in fatal crashes. Alcohol and speeding seem to go hand in hand. In 2002, 27 percent of the speeding drivers under 21 years old who were involved in fatal crashes were also intoxicated, with a blood alcohol concentration (BAC) of 0.08 (grams per deciliter [g/dl]) or greater. In contrast, only 12 percent of the nonspeeding drivers under age 21 involved in fatal crashes in 2002 were intoxicated.
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For drivers between 21 and 24 years of age who were involved in fatal crashes in 2002, 51 percent of speeding drivers were intoxicated, compared with only 24 percent of nonspeeding drivers.
Figure 3. Percentage of All Drivers Involved in Fatal Crashes That Were Speeding, by BAC Level, 2002
In 2002, 42 percent of the intoxicated drivers involved in fatal crashes were speeding, compared with only 15 percent of sober drivers involved in fatal crashes.
For both speeding and nonspeeding drivers involved in fatal crashes, the percentage of those who had been drinking, with BAC 0.01 or greater, at the time the crash occurred was higher at night than during the day. Between midnight and 3 am, 77 percent of speeding drivers involved in fatal crashes had been drinking.
Figure 4. Drivers in Fatal Crashes by Alcohol Involvement, Speeding Status, and Time of Day, 2002
“Between midnight and 3 am, 77 percent of speeding drivers involved in fatal crashes had been drinking.”
29
Figure 5. Percentages of Fatalities Related to Speeding and to Alcohol, 1992-2002
“Speeding involvement for motorcyclists in fatal crashes was about twice as high as for car and light truck drivers.”
In 2002, 38 percent of all motorcyclists involved in fatal crashes were speeding. The percentage of speeding involvement in fatal crashes was approximately twice as high for motorcyclists as for drivers of passenger cars or light trucks, and the percentage of alcohol involvement was about 45 percent higher for motorcyclists.
Figure 6. Speeding, Alcohol Involvement, and Failure To Use Restraints Among Drivers Involved in Fatal Crashes by Vehicle Type, 2002
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“Among drivers in fatal crashes in 2002, those who were not speeding were about 50 percent more likely to be wearing safety belts than those who were speeding at the time of the crash.”
In 2002, only 45 percent of speeding passenger vehicle drivers under 21 years old who were involved in fatal crashes were wearing safety belts at the time of the crash. In contrast, 64 percent of nonspeeding drivers in the same age group were restrained. For drivers 21 years and older, the percentage of speeding drivers involved in fatal crashes who were using restraints at the time of the crash was 40 percent, but 69 percent of nonspeeding drivers in fatal crashes were restrained. In 2002, 22 percent of speeding drivers involved in fatal crashes had an invalid license at the time of the crash, compared with 10 percent of nonspeeding drivers. Speeding was a factor in 31 percent of the fatal crashes that occurred on dry roads in 2002 and in 33 percent of those that occurred on wet roads. Speeding was a factor in 53 percent of the fatal crashes that occurred when there was snow or slush on the road and in 60 percent of those that occurred on icy roads. Speeding was involved in one-third (33 percent) of the fatal crashes that occurred in construction/maintenance zones in 2002. In 2002, 87 percent of speeding-related fatalities occurred on roads that were not Interstate highways.
Figure 7. Speeding-Related Fatalities by Road Type, 2002
“Only 13 percent of speeding-related fatalities occur on Interstate highways.”
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For more information: Information on speeding involvement in traffic fatalities is available from the National Center for Statistics and Analysis, NPO-121, 400 Seventh Street, S.W., Washington, D.C. 20590. NCSA information can also be obtained by telephone or by fax-on-demand at 1-800-934-8517. FAX messages should be sent to (202) 366-7078. General information on highway traffic safety can be accessed by Internet users at http://www-nrd.nhtsa.dot.gov/people/ ncsa. To report a safetyrelated problem or to inquire about motor vehicle safety information, contact the Auto Safety Hotline at 1-800-424-9393. Other fact sheets available from the National Center for Statistics and Analysis are Overview, Alcohol, Occupant Protection, Older Population, Young Drivers, Children, Pedestrians, Pedalcyclists, Large Trucks, Motorcycles, School Transportation-Related Crashes, State Traffic Data, and State Alcohol Estimates. Detailed data on motor vehicle traffic crashes are published annually in Traffic Safety Facts: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System .
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COMMERCIAL MOTOR VEHICLE LICENSING LAWS
I. INTRODUCTION Enforcement of the CDL regulations and laws is a joint effort involving Federal regulations and oversight, State testing and licensing, State and local law enforcement and the Judicial System. As is often the case, the system is only as strong as the weakest link in the chain of events from traffic citation to conviction on the driver‘s record. The most recent statistics available for fatal traffic accidents involving large trucks 1 is for 2001. This data shows that nationwide 4,793 large trucks were involved in fatal traffic crashes (202 less than 2000), one out of nine traffic fatalities involved a large truck (11% of all traffic fatalities), and 5,082 people died in crashes involving a large truck (200 less than 2000). More startling, Texas had the largest number of fatalities involving large trucks with 484 deaths and the greatest number of large trucks involved in fatal crashes with 459 (See Table 1, Appendix). California was the next closest with 378 fatalities involving large trucks and 365 large trucks involved in fatal crashes. (See Table 3, Appendix) The objectives of this course are to:
Summarize the basic provisions and terms unique to federal and state CDL laws; Assist in recognizing the various types of commercial motor vehicles and the legal requirements for CDL operators; and Provide a greater understanding of the administrative sanctioning requirements for CDL operators who violate alcohol and controlled substances restrictions or commit other serious violations while driving a commercial motor vehicle.
II.
BACKGROUND
The goals of the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) are to:
Prevent commercial vehicle drivers from concealing unsafe driving records by carrying licenses from more than one State; Ensure that all commercial vehicle drivers demonstrate the minimum levels of knowledge and skills needed to safely operate commercial motor vehicles before being licensed; and Subject commercial motor vehicle drivers to new, uniform sanctions for certain unsafe driving practices. [49 CFR. § 383.51].
1
A large truck is defined as a truck with a gross vehicle weight rating (GVWR) greater than 10,000 pounds. (Source: NHTSA, Fatality Analysis Reporting System (FARS)).
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
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A.
In 1986, in response to growing public concerns over the safety of the nation‘s highways, Congress passed the Commercial Motor Vehicle Safety Act (CMVSA) (Pub. L.99-570, Title XII). This act required the states to comply with federally mandated testing and licensing standards and sanctions. Prior to this, many states had wide variations in testing and licensing standards, as well as disciplinary actions.
No classified driver licensing system in 18 states and D.C. Of the 32 states with a classified driver licensing system, only 12 required a person to take a skills driving test in a representative CMV. The other 20 states only required a knowledge test or the payment of a higher license fee.
Many drivers carried multiple driver licenses. Even though 35 states were voluntarily participating in the Driver‘s License Compact that required an existing license from another jurisdiction to be turned in before issuing a new license, there was no national information network to check a driver license applicant‘s driver license status or driving history. Also included in the Act were provisions that required states to disqualify drivers who committed certain offenses while operating a CVM. [49 CFR 350].2 Basic concept of the Act: ―One license and one record for each driver‖.
B.
C.
III. A.
WHO IS REQUIRED TO BE LICENSED? Any person who operates a commercial motor vehicle. [49 U.S.C. §31301]; [49 CFR §383.3]; [§522.011, T.C.] What constitutes a commercial motor vehicle? [49 U.S.C. §31301]; [49 CFR §383.5]; [§522.003(5), T.C.]. A motor vehicle, or combination of motor vehicles, used in commerce, to transport passengers or property if the motor vehicle: Has a gross combination weight rating (GCWR) of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or Has a GVWR of 26,001 or more pounds; or Has a GVWR of 26,000 pounds or less, and a. is designed to transport 16 or more passengers, inclusive of the driver, or b. is transporting hazardous materials that are required to be placarded.
B.
C.
2
Commerce [49 U.S.C. §31301]; [49 CFR §383.5] - includes both interstate and
States were required to enact laws in compliance with the federal requirements or risk loss of a significant portion (5% the first year and 10% each subsequent year) of their federal highway funds. As a consequence, all 50 states and the District of Columbia have enacted laws in compliance with the federal requirements.
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
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international commerce; also includes anything which ―affects‖ interstate commerce (i.e., intrastate commerce). D. CMV Classes. Class A: Has a gross combination weight rating (GCWR) of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating (GVWR) of more than 10,000 pounds. [§522.041(b), T.C.] a. Definition of GCWR and GVWR: Weight of the vehicle or combination of vehicles plus the maximum safe load as assigned by the vehicle manufacturer [§522.003(17); [§522.003(18), T.C.] Class B: Any single vehicle with a GVWR of 26,001 pounds or more and any such vehicle towing a vehicle of 10,000 pounds or less. [§522.041(c), T.C.]
Class C: Any single vehicle, or combination of vehicles, that meets neither the definition of Class A nor that of Class B as contained in this section, but that is either: a. designed to transport 16 or more passengers, including the driver; b. is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (HMTA) (Pub. L. 93-633, Title I) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations. [49 CFR Part 172, Subpart F]; [§522.041(d), T.C.] A driver operating a passenger vehicle designed to transport 16 or more passengers or hazardous materials will be required to hold a Class A or B license, if the GVWR of the vehicle meets the weight rating thresholds for those classes.
Some states use ―gross registered weight,‖ ―actual weight‖ or GVWR, whichever is greater. Federal regulations require GVWR and GCWR. States may expand the definition of a CMV and therefore the need to obtain a CDL for its own residents, but cannot enforce them on other drivers. Drivers testing in a CMV that is under the Federal weight or passenger design threshold and issued a CDL must be restricted on the CDL to a CMV no greater that 26,000 pounds GVWR or GCWR and/or designed to transport no more than 15 passengers
E.
The federal and state regulations establish uniform endorsements for commercial drivers‘ licenses as follows:
―T‖ for double/triple trailers COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
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―P‖ for passenger vehicles ―N‖ for tank vehicles ―H‖ for hazardous materials
―X‖ for a combined hazardous materials and tank vehicle endorsements (N+H). ―S‖ for school buses
F.
Persons who fail to pass the air brake section of the CDL general knowledge test or do not take the skills driving test in a CMV equipped with air brakes, must be restricted to operating CMV‘s without air brakes. Who is/may be waived or exempted? [49 CFR § 383.3(d)(1)]; [§522.004, Tx. Trans. Code] The following activities are or may be exempted or waived under the CDL regulations: RV Drivers: a. Operators of recreational vehicles used for non-business purposes; b. Exempt from the CMVSA because they are not operating in commerce; c. States may require CDL. Personal Use: a. Operators of vehicles transporting their own personal property in a not-for-hire situation; rental vehicles; b. Exempt from the CMVSA because they are not operating in commerce; States may require CDL.
G.
c.
Farmers: Farmers operating a farm vehicle that is: a. controlled and operated by a farmer (includes operation by employees or family members); b. is used to transport agricultural products, farm machinery or farm supplies to or from a farm; c. limited to a 150 mile radius of the farm; and
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
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d. not a common or contract motor carrier; e. State may require CDL Firefighters and operators of emergency equipment: a. Must be equipment necessary to the preservation of life or property; or b. Necessary for the execution of emergency governmental functions; c. Must be equipped with audible and visual signals; and d. Not subject to normal traffic regulation; e. States may require CDL; Backup drivers employed by a local government with a population of 3,000 persons or less: a. When operating equipment to remove snow and ice during an emergency; b. State may require a CDL Military personnel: a. Active duty military personnel includes members of the; b. military reserves c. National Guard on active duty, including personnel on full-time national guard duty; d. personnel who are part-time national guard military technicians (civilians who are required to wear military uniforms and are subject to the code of military justice); and e. active duty U.S. Coast Guard personnel; f. All states must honor the exemption; g. Must be operating CMV for military purposes; h. Applies to CMV owned or leased; i. DOD civilian employees and/or contractor not eligible. H. Restricted CDL. Unlike the previously listed waivers and exemptions, the following activities are or may be waived from some of the CDL regulations and issued a restricted CDL: Farm-Related Service Industries (FRSI):
a. Operators not exempt from all of the CDL requirements, only the testing requirements, if they have a good driving record; COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
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b. Issued a restricted Class B or C CDL; c. License is valid for no more than 180 days in any 12-month period for commercial use; d. Industries covered by this ―waiver‖ include custom harvesters, farm retail outlets and suppliers, agrichemical businesses and livestock feeders. Certain drivers in the pyrotechnics industry – Operators of these vehicles are not exempt from all the CDL requirements: a. States may waive only the hazardous materials endorsement test; b. Only part-time drivers of vehicles with a GVWR of less than 10,001 pounds; c. Transporting less than 500 pounds of fireworks (DOT Class 1.3G explosives); d. They are issued a restricted Class C CDL. This CDL is valid for commercial purposes from June 30 through July 6 of each year.
IV. COMMERCIAL VEHICLE DRIVERS AND ALCOHOL USE A. Due to the serious effects caused by the combination of alcohol use and operating a commercial motor vehicle, the Commercial Motor Vehicle Safety Act (CMVSA) and accompanying rules, establish a ―zero tolerance‖ regarding the use of alcohol while operating a commercial motor vehicle. A commercial vehicle operator may not drive, operate or be in physical control of a commercial motor vehicle if he or she has any measurable or detectable amount of alcohol in his or her system. Even low levels of alcohol use (less than .04) can impair a driver‘s reaction time and will result in a disqualification from driving a CMV for at least one (1) year. [§522.081(b)(2), T.C.] In addition, the federal rules prohibit a commercial motor vehicle driver from operating a commercial motor vehicle or performing other safety sensitive functions within four (4) hours after using alcohol and the driver cannot possess intoxicating beverages while on duty [49 CFR §§ 382.207 and 392.5]. All drivers who operate commercial motor vehicles must, as a condition of licensure, agree to submit to a chemical test of their breath, blood, urine or saliva at any time an enforcement officer has reason to believe that the driver was operating a commercial motor vehicle with any measurable or detectable amount 40
B.
C.
D.
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
of alcohol in his or her system. E. The level of suspicion necessary to request a driver to submit to a test is not ―probable cause‖ to believe the driver was driving while intoxicated or impaired. All the officer needs is ―reasonable suspicion‖; this could include a number of things, such as an odor of alcohol detected on a routine weight stop. If a driver refused to be tested when requested by an enforcement officer, he or she will immediately be placed out-of-service for a period of 24 hours and may be disqualified in the same manner as if he or she had been convicted of driving a commercial motor vehicle while under the influence of alcohol. (See, Section V below on Disqualification.)
F.
V. DISQUALIFICATION A. A holder of a commercial driver‘s license will lose the privilege of driving a CMV, including the right to act as a supervising passenger, if he or she becomes ―disqualified‖ as the result of some act, omission or event while in charge of or responsible for a CMV. [49 CFR §383.5] For purposes of a disqualification, the terms ―suspension‖, ―revocation‖ and ―cancellation‖ have the same of similar meaning if the result is the withdrawal of a person‘s privilege to drive a commercial motor vehicle. While judges may convict and state licensing agencies ―disqualify‖ drivers, the resulting disqualification action can only happen if the conviction is properly adjudicated and documented. In some states, including Texas, disqualification results in the loss of only the privilege to drive a commercial motor vehicle. The privilege to drive noncommercial vehicles is unaffected if the driver is only disqualified and not suspended. Tables 1 through 4 to 49 CFR §383.51, below, outline the Federal disqualification scheme. Although §522.081 of the Texas Transportation code is consistent with, but less explicit than the Federal statute. A suspension, revocation, cancellation or denial of a driver‘s license or privilege under Chapter 521 of the Texas Transportation code, or another law of this state, will result in the disqualification of a CDL. Further, a disqualified person is not eligible to receive an essential needs or occupational driver‘s license [§522.086, T.C.] nor is the disqualification subject to being probated. [§522.085, T.C.] Basis for Disqualification: Conviction - an unvacated adjudication of guilt; finding by a court or administrative body of a violation; forfeiture of bail; plea of guilty or nolo contendere; payment of fine or court cost; or violation of a condition of release without bail. [49 CFR §383.5]. 41
B.
C.
D.
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
Major Disqualifying Offenses - [49 CFR §383.51]; [§522.081, T.C.]: a. Driving a commercial motor vehicle (CMV) or a non commercial vehicle (non-CMV) while under the influence of alcohol as prescribed by State law; b. Driving a CMV with an alcohol concentration of .04 percent or more; no need to show impairment of ability to drive; per se offense3Driving a CMV or non-CMV and refusing to submit to testing to determine alcohol concentration; c. Driving a CMV or non-CMV while under the influence of a controlled substance a defined by 21 USC § 802(6) and includes all substances listed on schedules I through V of 21 CFR §1308, as they may be amended by the U.S. Department of Justice; d. Driving a CMV or non-CMV and leaving the scene of an accident; e. Any felony involving the use of a CMV or non-CMV, other than felonies involving manufacture, dispensing or distribution of controlled substances; f. Causing a fatality through the negligent operation of CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide; g. Driving a CMV when, as a result of prior violations committed operating a CMV, the driver‘s CDL is revoked, suspended or cancelled, or the driver is disqualified from operating a CMV; h. The use of a CMV or non-CMV in the commission of a felony involving manufacture, distribution or dispensing a controlled substance.
E.
Duration of Disqualification for Major Offenses. (See Tables 1 through 4 to 49 CFR §383.51) First Conviction – 1 Year [§522.081(b)] Any of the major disqualifying offenses, other than the use of a CMV or non-CMV in the commission of a felony involving the manufacture, distribution, or dispensing of controlled substances. First Conviction – 3 Years [§522.081(c)] a. Transporting hazardous materials that are required to be placarded; and b. Any of the major disqualifying offenses, other than the use of a CMV or non-CMV in the commission of a felony involving the manufacture, distribution, or dispensing of controlled substances.
3
See State v. Snyder, 835 S.W.2d 30, 32 (Tenn. App. 1992) 42
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
First Conviction – Mandatory Lifetime Disqualification [§522.081(d)] a. Use of a CMV or non-CMV in the commission of a felony involving the manufacture, distribution, or dispensing of controlled substances. b. Permanent disqualification. No state option to reduce time to ten (10) years. Lifetime Disqualification Reduced [§522.082, T.C.] a. CDL may be reinstated after ten (10) years at the state‘s option, other than drug-related felony involving a manufacture, distribution or dispensing, if driver successfully completes an appropriate state approved rehabilitation program; b. Once the commercial operating privileges are restored, any subsequent conviction of major disqualifying offense results in permanent lifetime disqualification
G. Serious Traffic Violations Serious traffic violations [49 CFR § 383.5 and 383.51(c)] a. Excessive speed – 15 mph or more over posted speed limit; b. Reckless driving; c. Improper or erratic lane changes; d. Following too close; e. Any traffic conviction in connection with a fatal accident; (not parking) f. Driving a CMV without obtaining a CDL. g. Driving a CMV without a CDL in the driver‘s possession. h. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. Does not include weight and vehicle equipment violations, nor logbook or hours of service violations.
H.
Duration of Disqualification for Serious Traffic Violations Conviction for one (1) serious traffic violation is a State option whether the driver is disqualified for any period of time. Texas does not disqualify for the first serious violation. Conviction of two (2) serious traffic violations in separate incidents within a three (3) year period equals a sixty (60) day disqualification. [49 CFR § 383.51(c)].
Conviction of three (3) or more serious traffic violations within a three (3) year period equals a 120 day disqualification.
COMMERCIAL MOTOR VEHICLE LICENSING LAWS –
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Under the Federal standards for state compliance with the CDL mandate, any disqualification for serious traffic violations must be “stacked” or run consecutively.
H.
Out-of-Service Disqualification Definition: An out-of-service order is a temporary withdrawal of the privilege to drive or operate a CMV, for any reason, not just alcohol or drug use
What is Out-of-Service? Under the Federal rules, a driver is required to be placed ―out-of-service‖ for 24 hours if he or she is found to be operating a CMV with any measurable or detectable amount of alcohol in his or her system. [49 CFR §392.5 (c)]. A driver may also be placed out-of-service for violating the hours of service regulations. A vehicle may also be placed out-of-service for defects. Under the Federal rules set forth in 49 CFR § 383.51(e) and 49 CFR § 391.15(d), driving while subject to an out-of-service order is a disqualifying offense. This rule established the following periods of disqualification for convicted of violating an out-of-service order while driving a CMV. a. For a first conviction of driving while out-of-service, the driver will be disqualified for a period of 90 days to 1 year, unless he or she was transporting hazardous materials in placardable quantities or operating a vehicle designed to transport 16 or more passengers inclusive of the driver, in which case the period of disqualification will be 180 days to 2 years b. For a second conviction, driving while out-of-service, the driver will be disqualified for a period of 1 to 5 years, unless the driver was transporting hazardous materials in placardable quantities or operating a vehicle designed to transport 16 or more passengers inclusive of the driver, in which case, the period of disqualification will be 3 to 5 years. c. For a third or subsequent conviction of driving while out-of-service, the driver will be disqualified for a period of 3 to 5 years. In the case of a third conviction, there is no enhancement for hazardous materials or passengers because the maximum period of disqualification permitted by statute is 5 years. To be considered a ―second‖ or ―third‖ conviction, the last offense must occur within 10 years of the first offense and must arise out of a different incident than the first conviction.
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d. In all cases, a civil penalty is also assessed against the driver. The minimum penalty is $1,100 and the maximum penalty is $2,750. The rule also penalizes employers who knowingly permit or require drivers to operate a CMV while subject to an out-of-service order. Employers are subject only to civil penalties with a minimum penalty of $2,750 and a maximum penalty of $11,000. (emphasis added) The disqualification periods and civil penalties are applicable to all out-ofservice violations not just those arising under the commercial drivers license law.
I.
Railroad Grade Crossing Violations Violation of Railroad-Highway Grade Crossing Law or Regulation [49 CFR 383.51(d)]. For Drivers who are not required to always stop: a. Failing to slow down and check that the tracks are clear of an approaching train; b. Failing to stop before reaching the crossing, if the tracks are not clear. For Drivers who are always required to stop: a. Failing to stop before driving onto the crossing. For All Drivers: a. Failing to have sufficient space to drive completely through the crossing without stopping; b. Failing to obey a traffic control device or the instructions of an enforcement official at the crossing; c. Failing to negotiate a crossing because of insufficient undercarriage clearance. Duration of Disqualification a. First Conviction – 60 days b. Second Conviction Within 3 years – 120 days c. Third or Subsequent Conviction Within 3 years – 1 year [49 CFR § 383.51(e)]. Employers who knowingly permit or require drivers to operate a CMV in violation of a railroad-highway grade crossing law or regulation are subject to a civil penalty of up to $10,000. [49 CFR § 383.53(c)].
This regulation became effective on October 4, 1999 (State compliance required by October 4, 2002). [49 CFR §384.223] COMMERCIAL MOTOR VEHICLE LICENSING LAWS – 45
J.
Other New Conviction and Disqualification Requirements
Out-of-State convictions related to motor vehicle traffic control in any vehicle by a CDL holder and in a CMV for a person required to have a CDL must be sent to the licensing State within 30 days of the conviction beginning no later than September 30, 2005 and within 10 days no later than September 30, 2008. [49 CFR § 384.209] A State must make all convictions and disqualifications for violations that occurred in any vehicle by a CDL holder and all CMV convictions and disqualifications for any person required to have a CDL available to authorized persons within 10 days of receiving information from another State or from the date of conviction, if it occurred in the same State [49 CFR § 384.225]
K. Deferred Dispositions and Driving Safety Courses under C.C.P. 45.051 & 45.0511 The 78th Texas Regular Legislative session passed Senate Bill 631 which amended Articles 45.051 and 45.0511 of the Code of Criminal Procedure. These sections govern deferred disposition and drivers safety course (DSC) dismissals and were passed to comply with federal mandates prohibiting the ―masking‖ of serious traffic violations. While providing a needed overhaul of the dismissal scheme, the portion affecting CDLs will significantly increase the likelihood of more trials by CDL holders. Both 45.051(f)(2) and 45.0511(r) expressly prohibit the granting of Deferred Disposition or DSC to someone who holds a commercial driver‘s license. The relevant portion of the Federal statute, 49 CFR 384 states: a. A 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. [49 CFR § 384.226]] This controversial ban applies regardless of whether the person was in a commercial vehicle or personal car.
b.
Failure on the part of the Texas Legislature to implement these rules would have resulted in the permanent loss of significant funding provided by the federal government for highway construction (5% for the first year of non-compliance and 10% per year thereafter). Further, the Federal Motor Carrier Safety Administration has COMMERCIAL MOTOR VEHICLE LICENSING LAWS – 46
the authority to prohibit a State found to be in substantial noncompliance from issuing, renewing, upgrading of CDLs or transferring out-of-state CDLs to Texas. [§384.405(b) ]
a.
State Notification of disqualification. [§384.208] 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, Texas must notify the issuing state the license of the CDL holder‘s disqualification, revocation, suspension, or cancellation. 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 as maintained by the Commercial Driver's License Information System (CDLIS). Notification of traffic violations. [§384.209] 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 DPS must notify the licensing entity in the state where the driver is licensed of the conviction. (emphasis added) The time period for notifying out-of-state agencies of traffic violations is as follows: Beginning on September 30, 2005, the notification must be made within 30 days of the conviction. Beginning on September 30, 2008, the notification must be made within 10 days of the conviction. Additionally, whenever a non-CDL holder is convicted of violating any State or local law relating to motor vehicle traffic control (other than a parking violation) in a CMV in Texas, the DPS must notify the licensing entity in the State where the driver is licensed of this conviction within the time period established in section §384.209(c).
b.
a.
b. 1. 2.
c.
VI. LEGAL CHALLENGES A. Equal Protection Challenge - Is it permissible to impose differing penalties on drivers based on the type of vehicle operated at the time of the violation? Different standards may be imposed on commercial vs. non-commercial drivers so long as there is a rational basis for differing penalties.4 States may refuse to issue a probationary license to a CDL holder, which would permit the driver to operate a commercial motor vehicle, if the
4
See Peretto v. Department of Motor Vehicles, 1 Cal.App. 4th 690, 2 Cal. Rptr.2d 18 (Cal.App. 1991); Murphy v. Pierce, 1 Cal.App. 4th 690, 2 Cal.Rptr.2d 18 (Cal.App. 1991). See also Wilson v. State Office of Hearing Examiner, 841 P.2d 90 (Wyo. 1992).
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driver‘s license is suspended due to a violation which occurred in a noncommercial vehicle; this refusal does not violate equal protection even if the driver would have been eligible for a probationary license if he or she had not been a CDL holder5 Work permits; limited driving privileges – FMCSA has consistently interpreted the statutes and regulations relating to commercial drivers to prohibit the issuance of work permit licenses and limited driving privileges to commercial drivers who have been disqualified from operating a CMV during the period of disqualification. However, FMCSA has permitted the states, including Texas, the option of granting restricted licenses/permits to CDL holders who have been suspended or revoked because of violations, which occur in their private, non-CDL vehicles. Not all states permit this and this denial has withstood constitutional challenge. (See, Wilson, supra); (See also §522.086, T.C.)
B.
Commerce Trade, traffic or transportation within the United States between a state and a place outside the state; and Trade, traffic or transportation in the United States which affects interstate commerce.
C.
Electronic convictions - translation; equivalency; admissibility Are the elements of the offenses equivalent? If so, the fact that the home jurisdiction may permit mitigation of the consequences that is different than the convicting jurisdiction is not relevant6 Conviction of disqualifying offense can be proven by certified abstract of driver history record from foreign jurisdiction.7 Certified abstract of driving records maintained in an electronic database are sufficient to establish a prima facie case for suspension of driving privileges; burden is on the driver to show that records are not accurate.8
D.
Collateral Attack
5
I Wilson, supra; Lockett v. Common-wealth, 438 S.E.2d 4978 (Va.App. 1993); Moore v. State Dept. Of Public Safety, 655 So.2d 644 (La.App. 2Cir. 1995). 6 See Aten v. Commonwealth Department of Transportation, 649 A.2d 732 (Pa.Cmwlth. 1994). 7 See Walck v. Commonwealth Department of Transportation, 625 A.2d 1276, 1277 (Pa.Cmwlth. 1993). 8 See McDonald v. Department of Revenue and Taxation, 846 P.2d 694 (Wyo. 1993).
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A CDL holder cannot collaterally attack the propriety of a conviction received in another jurisdiction in a license review proceeding in his or her home jurisdiction.9
VII.
CONCLUSION
The key to accomplishing the purposes of the CMVSA of 1986 is a complete effort by all parties. This is represented by enactment of appropriate laws, issuance of citations for violations, convictions for those violations and the imposition of the mandated, uniform sanctions by the courts with jurisdiction to impose those sanctions. If any piece of the system is not in place, the program will not be effective. ―The complete solution is not achieved with enforcement effort alone. The circle of enforcement effort is not complete without the full support and cooperation of the courts. Many times the ‗judicial remedy‘ or action in a given enforcement case is the most important part of the case history. The attitude and concern of the court regarding the gravity of commercial vehicle/hazardous materials violations is critical.‖ - Honorable James Dowd, Circuit Judge, City of St. Louis, Missouri.
9
See McDonald, supra; Commonwealth Department of Transportation v. Barco, 1995 WL 127045 (Pa.Cmwlth).
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Table 1 to 49 CFR §383.51
For a first conviction or refusal to be tested while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… For a first conviction or refusal to be tested while operating a CMV, a CDL holder must be disqualified from operating a CMV for … For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials required to be placarded under the Hazardous Materials Regulations (49 CFR, part 172, subpart F), to have a CDL and a CDL holder must be disqualified from operating a CMV for… 3 years 3 years 3 years For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a CDL holder must be disqualified from operating a CMV for … Life Life Life For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CDL holder must be disqualified from operating a CMV for … Life Life Not Applicable
If a driver operates a motor vehicle and is convicted of:
(1)
Being under the influence of alcohol as prescribed by State law… (2) Being under the influence of a controlled Substance… (3) Having an blood alcohol concentration of 0.04 or greater while operating a CMV (4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined by Section 383.72 of this part… (5) Leaving the scene of an accident… (6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table… (7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver‘s CDL is revoked, suspended or cancelled, or the driver is disqualified from operating a CMV. (8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle and negligent homicide… (9) Using the vehicle in the commission of a felony involving manufacturing, distribution, or dispensing a controlled substance…
1 year 1 year 1 year
1 year 1 year Not Applicable
1 year
1 year
3 years
Life
Life
1 year 1 year
1 year 1 year
3 years 3 years
Life Life
Life Life
1 year
Not Applicable
3 years
Life
Not Applicable
1 year Life – not eligible for 10-year reinstatement
Not Applicable Life – not eligible for 10-year reinstatement
3 years Life – not eligible for 10-year re -instatement
Life Life – not eligible for 10-year reinstatement
Not Applicable Life – not eligible for 10-year reinstatement
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Table 2 to 49 CFR §383.51
For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… 60 Days For a second conviction of any combination of offenses in this Table in a separate incident within a 3year period while operating a non-CMV, a CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation cancellation, or suspension of the CDL holder‘s license or non-CMV driving privileges, for… For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a nonCMV, a CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation cancellation, or suspension of the CDL holder‘s license or non-CMV driving privileges, for… 120 Days
If a driver operates a motor vehicle and is convicted of:
(1) speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit… (2) driving recklessly, as defined by State or local law or regulation, including, but not limited to, offenses of driving a motor vehicle in a willful or wonton disregard for the safety of persons or property… (3) making an improper or erratic traffic lane changes... (4) following the vehicle ahead too closely. (5) violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident… (6) driving a CMV without obtaining a CDL... (7) driving a CMV without a CDL in the driver‘s possession10... (8) driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported…
60 Days
120 Days
60 Days 60 Days 60 Days 60 Days 60 Days 60 Days
60 Days 60 Days 60 Days 60 Days Not Applicable Not Applicable
120 Days 120 Days 120 Days 120 Days 120 Days 120 Days
120 Days 120 Days 120 Days 120 Days Not Applicable Not Applicable
60 Days
Not Applicable
120 Days
Not Applicable
10
Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense.
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Table 3 to 49 CFR §383.51
If a driver is convicted of operating a CMV in violation of a Federal, State or local law because… For a first conviction a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… 60 Days For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3year period, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… 120 Days
(1) the driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train… (2) the driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear of an approaching train… (3) the driver is always required to stop, but fails to stop before driving onto the crossing... (4) the driver fails to have sufficient space to drive completely through the crossing without stopping… (5) the driver fails to obey a traffic control device or the directions of an enforcement official at the crossing… (6) the driver fails to negotiate a crossing because of insufficient undercarriage clearance....
60 Days
60 Days 60 Days 60 Days 60 Days 60 Days
60 Days 60 Days 60 Days 60 Days Not Applicable
120 Days 120 Days 120 Days 120 Days 120 Days
Table 4 to 49 CFR §383.51
If the driver operates a CMV and is convicted of … For a first conviction while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… No less than 90 days or more than 1 year For a second conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… No less than 1 year or more than 5 years For a third conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for… No less than 3 years or more than 5 years
(1)
violating a driver or vehicle out-of-service order while transporting non-hazardous materials…
(2) violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded under part 172, subpart F of this title, or while operating a vehicle designated to transport 16 or more passengers, including the driver…
No less than 180 days or more than 2 years
No less than 3 years or more than 5 years
No less than 3 years or more than 5 years
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Appendix of 2001 Statistical Information Trends
Fatal crash statistics generally are available from 1975, the first year of Fatality Analysis Reporting System (FARS) data, through 2001, the most recent statistical year. FARS is a national census of fatal crashes involving motor vehicles traveling on public motorways. FARS is recognized as the most reliable national crash database, but it contains information only on fatal crashes. In some cases, such as for roadway function class or alcohol involvement, data are available only from 1981 or 1982 through 2001. Nonfatal crash statistics are available from 1988, the first year of the General Estimates System (GES) data, through 2001. Below is a summary of some of the trend information available through these data bases:
Over the past 20 years (from 1981 to 2001) there has been a 37-percent increase in registered large trucks and a 91-percent increase in miles traveled by large trucks. Over the same time period, the number of large trucks involved in fatal crashes each year has declined by 8 percent, and the vehicle involvement rate for large trucks in fatal crashes has declined by 52 percent. Over the past 10 years (from 1991 to 2001) there has been a 27-percent increase in registered large trucks and a 39-percent increase in miles traveled by large trucks. The number of large trucks involved in injury crashes each year has increased by 15 percent over the past 10 years, and the vehicle involvement rate for large trucks in injury crashes has declined by 17 percent. The number of large trucks involved in property damage only crashes has increased by 35 percent over the past 10 years, but the vehicle involvement rate for large trucks in property damage only crashes has declined by 3 percent. Alcohol involvement (blood alcohol concentration of 0.01 gram per deciliter [g/dl] or more) for large truck drivers in fatal crashes has declined by 75 percent since 1982, the first year of FARS data for alcohol involvement in fatal crashes.
Crashes
The following contains information on the circumstances of large truck crashes and is a summary of some of the information available through the Department of Transportation, the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration:
Of the 409,000 police-reported crashes involving large trucks in 2001, 4,431 (1 percent) resulted in at least one fatality, and 86,000 (21 percent) resulted in at least one nonfatal injury. Single-vehicle crashes made up 18 percent of all fatal crashes, 17 percent of all injury crashes, and 25 percent of all property damage only crashes involving large trucks. Nearly two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and nearly one-fourth (24 percent) occurred on Interstate highways. Nearly one-third (31 percent) of all fatal crashes and nearly one-fifth (19 percent) of all property damage only crashes involving large trucks occurred at night.
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The vast majority of fatal crashes (85 percent) and of nonfatal crashes (88 percent) involving large trucks occurred on weekdays (Monday through Friday). Collision with a vehicle in transport was the first harmful event in 77 percent of fatal crashes involving large trucks. Rollover was the first harmful event in only 4 percent of all fatal crashes involving large trucks and in only 3 percent of all nonfatal crashes involving large trucks.
Vehicles
This section summarizes information on large trucks involved in fatal, injury, and property damage only crashes. Some of the data come from the Motor Carrier Management Information System (MCMIS) Crash File, which contains data on trucks and buses in crashes that meet the National Governors’ Association (NGA) recommended threshold. NGA nonfatal crashes tend to be more serious than GES nonfatal crashes, because the NGA threshold requires at least one vehicle in the crash to have been towed due to damage or at least one person to have been taken to a hospital immediately from the crash for medical attention. Below is a summary of some of that information:
In 2001, 4,793 large trucks were involved in fatal crashes, 90,000 were involved in injury crashes, and 335,000 were involved in property damage only crashes. Large trucks made up 8 percent of all vehicles in fatal crashes, 2 percent of all vehicles in injury crashes, and 4 percent of all vehicles in property damage only crashes. Hazardous materials (HM) placards were present on 4 percent of the large trucks involved in fatal crashes and 2 percent of those in nonfatal crashes. HM was released from the cargo compartments of 16 percent of the placarded trucks. “Collision with motor vehicle in transport” was recorded as the most harmful event for 79 percent of the large trucks involved in fatal crashes. Doubles (truck tractors pulling two trailers) made up only 3 percent of the large trucks involved in crashes, and triples (tractors pulling three trailers) accounted for less than 0.3 percent of all large trucks in crashes.
People
This summary contains information on drivers of large trucks in fatal, injury, and property damage only crashes and on people killed or injured in large truck crashes. Various statistics are available for passenger vehicle drivers in order to make comparisons. It is important to note that the number of large truck drivers in crashes is not exactly equal to the number of large trucks in crashes, because no driver information is provided for some crashes:
Fatalities in crashes involving large trucks made up 12 percent of all fatalities in motor vehicle crashes in 2001. Injuries in large truck crashes made up 4 percent of all injuries in motor vehicle crashes in 2001.
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Of the 4,479 drivers of large trucks involved in fatal crashes, 324 (about 7 percent) were 25 years of age or younger, and 130 (about 2 percent) were 66 years of age or older. In comparison, 14,217 (30 percent) of the 47,882 drivers of passenger vehicles in fatal crashes were 25 years of age or younger, and 5,781 (about 12 percent) were 66 years of age or older. About 3 percent of all the drivers of large trucks involved in fatal crashes were female, as compared with 30 percent of all drivers of passenger vehicles involved in fatal crashes. One or more driver-related factors were recorded for 68 percent of the drivers of large trucks involved in single-vehicle fatal crashes but only for 30 percent of the drivers of large trucks involved in multiple-vehicle fatal crashes. Of the 4,749 drivers of large trucks involved in fatal crashes, 797 were not wearing a safety belt at the time of the crash; of those, 19 percent were completely or partially ejected from the vehicle.
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START
Is the vehicle a combination vehicle? NO YES Is the Gross Combination Weight Rating [the sum of the GVWR‘s of the power unit and towed unit(s)] greater than 26,000 pounds?
Do I need a Commercial Driver’s License?
Does the single vehicle have a Gross Vehicle Weight Rating (GVWR) greater than 26,000 pounds?
NO
NO
YES
YES
Is the Gross Vehicle Weight Rating (GVWR) of the towed unit(s) greater than 10,00 pounds?
NO
Is the Gross Vehicle Weight Rating (GVWR) of the power unit greater than 26,000 pounds?
YES YES
Class “A” CDL is required.
NO
Class “B” CDL is required
Is the vehicle transporting a placardable quantity of hazardous materials as defined in 49 CFR, or designed to transport 16 or more passengers including the driver?
A Class “C” CDL is required.
YES
NO
No CDL is required
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LARGE TRUCK CRASH FACTS 1991-2001
Table 1. Fatalities in Crashes Involving Large Trucks for Selected States11
State Arkansas California Florida Georgia Louisiana New Mexico Oklahoma Texas 1991 105 414 279 163 114 62 71 359 1992 88 390 282 176 93 54 70 338 1993 108 406 319 185 91 38 95 370 1994 91 386 310 214 119 44 83 412 1995 102 433 290 201 97 47 91 381 1996 104 390 305 220 107 56 99 450 1997 135 409 308 254 132 53 105 455 1998 109 378 352 223 157 46 134 479 1999 96 363 349 248 131 66 103 434 2000 118 374 310 219 126 52 112 513 2001 98 378 365 253 123 60 93 484
U.S. Total
4,821 4,462 4,856 5,144 4,918 5,142 5,398 5,395 5,380 5,282 5,082
Table 2. Large Trucks Involved in Fatal Crashes for Selected States
State Arkansas California Florida Georgia Louisiana New Mexico Oklahoma Texas 1991 93 382 258 151 96 55 66 313 1992 84 346 251 164 83 47 66 307 1993 100 344 287 161 81 35 83 347 1994 85 350 290 193 111 37 71 333 1995 96 364 281 189 86 40 83 333 1996 98 366 279 211 89 53 89 411 1997 113 369 284 218 124 51 97 411 1998 105 365 313 197 142 44 105 425 1999 92 319 327 220 120 48 82 385 2000 109 362 302 208 113 45 107 447 2001 102 365 335 228 126 48 83 459
U.S. Total
4,347 4,035 4,328 4,644 4,472 4,755 4,917 4,955 4,920 4,995
4,793
Table 3. Multiple-Vehicle Fatal Crashes Involving Large Trucks for Selected State
State Arkansas California Florida Georgia Louisiana New Mexico Oklahoma Texas 1991 73 265 189 125 80 31 52 241 1992 63 243 200 131 60 36 45 234 1993 80 251 233 136 64 25 63 281 1994 74 247 220 163 89 21 57 238 1995 68 256 209 143 64 25 67 251 1996 69 245 219 160 68 35 66 332 1997 84 244 215 185 95 30 70 317 1998 75 250 251 164 104 27 88 319 1999 73 222 259 172 98 34 65 309 2000 72 257 234 157 86 31 81 355 2001 69 251 255 177 94 31 64 355
U.S. Total
3,300 3,097 3,404 3,564 3,424 3,649 3,754 3,762 3,746 3,764 3,621
Table 4. Large Trucks in Crashes by Initial Point of Impact12
11
A large truck is defined as a truck with a gross vehicle weight rating (GVWR) greater than 10,000 pounds. Source: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS).
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Initial Point of Impact Front Rear Left Right Non-Collision Other Unknown
Fatal Number 3,012 701 424 312 148 115 81 Percent 62.8% 14.6% 8.8% 6.5% 3.1% 2.4% 1.7%
Injury Number Percent 34,000 37.9% 11,000 12.7% 16,000 17.7% 19,000 20.6% 9,000 10.0% 1,000 1.0%
Property Damage Only Number Percent 98,000 29.3% 59,000 17.5% 63,000 18.9% 86,000 25.6% 25,000 7.3% 5,000 1.4%
Total
4,793
100.0%
90,000
100.0%
335,000
100.0%
Table 5. Persons Killed and Injured in Crashes Involving Large Trucks by Time of Day13
Persons Killed Number Percent 360 7.1% 418 8.2% 765 15.1% 908 17.9% 982 19.3% 836 16.5% 428 8.4% 380 7.5% 5 3,491 1,586 0.1% 68.7% 31.2% Persons Inured Number Percent 4,000 3.1% 5,000 4.2% 22,000 16.8% 26,000 19.6% 29,000 22.3% 25,000 19.5% 11,000 8.7% 8,000 5.9%
Time of Day 12am – 3am 3am - 6am 6am - 9am 9am – 12pm 12pm – 3pm 3pm - 6pm 6pm - 9pm 9pm – 12am Unknown Daytime (6am – 6pm) Nighttime (6pm – 6am)
102,000 28,000
78.2% 21.8%
Total
5,082
100.0%
131,000
100.0%
12
Sources: Fatal Crashes: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS). Injury and Property Damage Only Crashes: National Highway Traffic Safety Administration, General Estimates System (GES). 13 Sources: Fatal Crashes: National Highway Traffic Safety Administration, Fatality Analysis Reporting System (FARS). Injury and Property Damage Only Crashes: National Highway Traffic Safety Administration, General Estimates System (GES).
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Table 8. Drivers of Large Trucks in Fatal Crashes by Commercial Drivers License (CDL) Status and License Compliance
CDL Status Valid No CDL Suspended Revoked, Expired, Canceled Other Not Valid Unknown Number Percent License Compliance 4,125 86.9% Valid License for Class of Vehicle 427 9.0% Not Licensed No License Required for Class of 24 0.5% Vehicle 27 0.6% No Valid License for Class of Vehicle Unknown if Required for Class of 15 0.3% Vehicle 131 2.8% Unknown Number Percent 4,395 92.5% 15 0.3% 0 171 35 133 0.0% 3.6% 0.7% 2.8%
Total
4,749 100.0% Total
4,749 100.0%
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Table 9. Drivers of Large Trucks in Fatal Crashes by Driver-Related Factors and Violations Recorded
Single-Vehicle Crashes Number Percent 116 233 78 69 36 34 57 1 15 5 38 25 4 5 28 14 12 8 4 14.4% 28.9% 9.7% 8.6% 4.5% 4.2% 7.1% 0.1% 1.9% 0.6% 4.7% 3.1% 0.5% 0.6% 3.5% 1.7% 1.5% 1.0% 0.5% Multiple-Vehicle Crashes Number Percent 253 64 203 174 179 139 107 95 58 65 27 35 45 42 10 21 6 9 1 6.4% 1.6% 5.1% 4.4% 4.5% 3.5% 2.7% 2.4% 1.5% 1.6% 0.7% 0.9% 1.1% 1.1% 0.3% 0.5% 0.2% 0.2% *
Driver-Related Factors Driving too fast for conditions or in excess of posted speed limit Running off road Failure to keep in proper lane Inattentive (talking, eating, etc.) Failure to yield right of way Failure to obey traffic signs Erratic or reckless driving Following improperly Other non-moving traffic violation Non-traffic violation charged (manslaughter or other homicide offense) Drowsy, fatigued Making improper turn Vision obscured by weather Swerving to avoid vehicle in road Overcorrecting Operating without required equipment Ill, blackout Starting/backing improperly Vision obscured by obstructing angles on vehicle
Total Number Percent 369 297 281 243 215 173 164 96 73 70 65 60 49 47 38 35 18 17 5 7.8% 6.3% 5.9% 5.1% 4.5% 3.6% 3.5% 2.0% 1.5% 1.5% 1.4% 1.3% 1.0% 1.0% 0.8% 0.7% 0.4% 0.4% 0.1%
Driver-Related Factor(s) Recorded No Driver-Related Factors Recorded
547 259
67.9% 32.1%
1,191 2,752
30.2% 69.8%
1,738 3,011
36.6% 63.4%
Total
806
100.0%
3,943
100.0%
4,749 100.0%
Violation(s) Recorded No Violations Recorded
85 721
10.5% 89.5%
482 3,461
12.2% 87.8%
567 4,182
11.9% 88.1%
Total
*Less than 0.05 percent.
806
100.0%
3,943
100.0%
4,749 100.0%
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COMMERCIAL MOTOR VEHICLE LICENSING LAWS QUIZ ANSWERS
1. In crashes between large trucks and passenger cars and light trucks, the majority of fatalities are the occupants of passenger cars and light trucks. True. 3,787 occupants of passenger car and light trucks were killed (94%) compared to 233 occupants of large trucks (6%). 2. Large trucks are involved in a disproportionate number of traffic fatalities. True. One out of nine traffic fatalities (11%) resulted from a collision involving a large truck. Yet, licensed large truck drivers represent less than 5% of all licensed drivers. 3. Traffic code violations such as “failure to maintain a single lane,” “driving too fast for conditions or in excess of posted speeds,” “reckless driving” and “following too closely” are not considered serious driver violations because they rarely contribute to crashes involving large trucks. False. Over 25% of drivers of large truck involved in fatal crashes committed one of these four violations at the time of the crash. 4. In 2001, Texas led the nation in fatal traffic accidents, both per capita and based on number of miles travelled. False. California has that distinction, but we were number two. Texas had 17.46 fatalities per 100 thousand people compared to a nation wide rate of 14.79 in 2001. The 2001 rate in Texas for deaths per 100 Million vehicle miles traveled was 1.72 compared to a nation wide average of 1.51. This makes Texas one of the most dangerous places to drive in the United States 5. Speeding was a contributing factor in over one third of traffic fatalities in Texas in 2001. True. 37.3 % of fatal crashes involved speeding, 1,416 deaths in in Texas alone. The natioan average is lower at 29.7% of fatal crashes involving speeding. 6. Texas reported the most fatalities involving large trucks? True. In 2001, 484 people lost theirs lives on Texas highways as a result of a large truck crashes. In 2001, there were 459 reports of large trucks involved in crashes on Texas highways where one or more persons died.
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8.
A majority of the children under 5 killed in traffic collisions in Texas is 2001 were unrestrained. True. 40 of the 74 child fatalites were unrestrained. This figure does not include injured children, only those killed.
8.
Over the past 20 years there has been a only a minor increase in registered large trucks and the miles traveled by large trucks. False. From 1981 to 2001, the number of registered large trucks has increased by 37% and the number of miles traveled by large trucks has increased 91%.
9.
You are more likely to be involved in a fatal crash involving a large truck in an urban setting than a rural area. False. You are three times as likely to be involved in a large truck crash in a rural area
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