Changes to the Commercial Driver License Program

Changes to the Commercial Driver License Program

The Motor Carrier Safety Improvement Act of 1999 was passed in an attempt to reduce the number and severity of large-truck involved crashes through various measures including more commercial motor vehicle and operator inspections and stronger enforcement measures against violators. The federal regulations became effective September 30, 2002, but gave States three years to come into compliance with the new laws. To access the federal regulation you can visit the Federal Motor Carrier Safety Administration website at www.fmcsa.dot.gov.

California passed Assembly Bill 3049, which incorporated the requirements of the Motor Carrier Safety Improvement Act. These laws became effective September 20, 2005. Although there are many different laws, the laws that primarily affect a commercial driver are provided in this form to help commercial drivers and employers better understand the new laws.

New changes effective September 20, 2005:

A driver who has a commercial driver license can have a commercial disqualification for violations that occur in a non-commercial vehicle.
A court cannot allow person who has a commercial driver license or who drives a commercial motor vehicle to attend traffic violator school to dismiss or mask a violation, regardless of the type of vehicle driven at the time of the citation.
A commercial driver cannot be granted a restricted commercial license to allow him or her to continue driving commercial vehicles when there is a sanction against the driving privilege. Note: Please read further for more details regarding a restricted driving privilege.
New violations can cause you to lose your driving privilege.
The Secretary of the Department of Transportation can disqualify an individual from operating a commercial motor vehicle if the individual is determined to be an “imminent hazard.”
A new endorsement will be placed on the driver license of those certified to drive a school bus. The endorsement will be indicated on the driver license with an “S” designation in the endorsement field.

Commercial Disqualifications

If you violate the law, you can have your driving privilege suspended, revoked, cancelled or disqualified. It is important to know that different types of violations will cause different periods of commercial disqualification.

The following charts will help you better understand the disqualification periods that can be taken against your commercial driver license:

Major Traffic Offenses If a driver is convicted of:	*For a first conviction while operating a commercial* motor vehicle**	*For a first conviction while operating a non-commercial* motor vehicle**	*For a subsequent conviction of any combination, within 10 years, while operating a commercial* motor vehicle**	*For a subsequent conviction, of any combination, within 10 years, while operating a non-commercial* motor vehicle**	For a first conviction while transporting hazardous materials
Driving under the influence of alcohol and/or drugs	1 year	1 year	Lifetime	Lifetime	3 years
Driving with an alcohol concentration of 0.04% or greater	1 year	Not applicable	Lifetime	Not applicable	3 years
Refusing to take or complete a chemical test	1 year	1 year	Lifetime	Lifetime	3 years
Leaving the scene of an accident	1 year	1 year	Lifetime	Lifetime	3 years
Using a vehicle to commit a felony, other than a felony described in §15304 CVC	1 year	1 year	Lifetime	Lifetime	3 years
Driving a commercial motor vehicle when the privilege is revoked, suspended, or canceled, or the driver is disqualified	1 year	Not applicable	Lifetime	Not applicable	3 years
Causing a fatality through the negligent operation	1 year	Not applicable	Lifetime	Not applicable	3 years
Using the vehicle in the commission of or intent to commit a felony involving manufacturing, distributing, or dispensing a controlled substance §15304 CVC	Lifetime	Lifetime	Lifetime	Lifetime	Lifetime

Serious Traffic Offenses If a driver is convicted of:	*For a 2nd conviction of any combination within a 3-year period while operating a commercial* motor vehicle**	*For a 2nd conviction of any combination within a 3-year period while operating a non-commercial* motor vehicle, if the conviction results in the revocation, cancellation, or suspension of the non-commercial driving privilege**	*For a 3rd conviction of any combination within a 3-year period while operating a commercial* motor vehicle**	*For a 3rd conviction of any combination within a 3-year period while operating a non-commercial* motor vehicle, if the conviction results in the revocation, cancellation, or suspension of the non-commercial driving privilege**
Speeding 15 mph or more above the posted speed limit	60 days	60 days	120 days	120 days
Reckless driving including, but not limited to the willful or wanton disregard for the safety of persons or property	60 days	60 days	120 days	120 days
A violation of a law involving the safe operation of a vehicle arising in connection with a fatal accident	60 days	60 days	120 days	120 days
Any other similar violation involving the safe operation of a vehicle, as defined pursuant to the Commercial Motor Vehicle Safety Act (Title XII of P.L. 99-570)	60 days	60 days	120 days	120 days
Driving a commercial motor vehicle without obtaining a commercial driver license	60 days	Not applicable	120 days	Not applicable
Driving a commercial motor vehicle without a commercial driver license in possession	60 days	Not applicable	120 days	Not applicable
Driving a commercial motor vehicle without obtaining the proper class or endorsement	60 days	Not applicable	120 days	Not applicable

Railroad-highway Grade Crossing If a driver is convicted of:	*For a 1st conviction while operating a commercial* motor vehicle**	*For a 2nd conviction of any combination within a 3-year period, while operating a commercial* motor vehicle**	*For a 3rd or subsequent conviction of any combination within a 3-year period, while operating a commercial* motor vehicle**
The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train	60 days	120 days	1 year
The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear	60 days	120 days	1 year
The driver is required to stop, but fails to stop before driving onto the tracks	60 days	120 days	1 year
The driver fails to have sufficient space to drive completely through the crossing without stopping	60 days	120 days	1 year
The driver fails to obey a traffic control device or the directions of a peace officer at the crossing	60 days	120 days	1 year
The driver fails to negotiate a crossing because of insufficient undercarriage clearance	60 days	120 days	1 year

Out-of-Service Violations

If a driver is convicted of:

For a 1st conviction while operating a commercial motor vehicle

For a 2nd conviction of any combination within a 10-year period, while operating a commercial motor vehicle

For a 3rd or subsequent conviction of any combination within a 10-year period, while operating a commercial motor vehicle

Violating a driver or vehicle out-of-service order while transporting non-hazardous materials

90 days

1 year

3 years

Violating a driver or vehicle out-of-service order while transporting hazardous materials or passengers

180 days

3 years

Restricted Commercial Licenses

If your commercial driving privilege was restricted before September 20, 2005, the restriction will be honored. However, if your license is subsequently suspended, revoked, cancelled, disqualified or if it expires a new restricted license will not be issued.

Financial Responsibility Suspension:
If you are involved in an accident without insurance and are suspended, you may be eligible for a restricted non-commercial driving privilege. You would be required to:

Downgrade to a non-commercial status
File proof of financial responsibility (SR 22)
Pay applicable fees

Administrative Per Se Suspensions:
If you receive a driving under the influence you may be eligible for a restricted non-commercial driving privilege. You would be required to downgrade to a non-commercial status and enroll in an approved drinking driving program, submit an insurance proof certificate and pay the applicable fees. Once you have downgraded your license you cannot drive a commercial motor vehicle. The following chart explains the types of non-commercial restrictions:

Type Vehicle Driven	Restrictions Requirements	Restriction Available
Commercial driver license holder has a driving under the influence in a *non-commercial* vehicle	APS commercial restrictions are no longer available To apply for a restriction, you must: Serve the 30-day suspension period Downgrade to a non-commercial driver license File proof of financial responsibility (SR 22) Have enrolled in an approved drinking driving program Pay applicable fees	Upon downgrading, you would be eligible for the following restrictions: Drive to and from employment Drive during course of employment Drive to and from treatment program
Driving under the influence occurs in a *commercial motor vehicle*	APS commercial restrictions are no longer available To apply for a restriction, you must: Serve the 30-day suspension period Downgrade to a non-commercial driver license File proof of financial responsibility (SR 22) Have enrolled in an approved drinking driving program Pay applicable fees	Upon downgrading, you would be eligible for the following restrictions: Drive to and from treatment program only
NOTE: These restrictions are only for the Administrative Per Se suspension. Your driving privilege may be suspended, revoked, cancelled or disqualified upon conviction of the violation, which would make your restrictions invalid.

MCSIA Info For the Trucking Industry