DOT 49 CFR PART 384-2010 STATE COMPLIANCE WITH COMMERCIAL DRIVER扴 LICENSE PROGRAM.pdf

1、216 49 CFR Ch. III (10110 Edition) 383.155 restriction code V must be indicated on the license. 53 FR 27657, July 21, 1988, as amended at 67 FR 49760, July 31, 2002; 75 FR 28502, May 21, 2010 383.155 Tamperproofing require-ments. States shall make the CDL tamperproof to the maximum extent practicabl

2、e. At a minimum, a State shall use the same tamperproof method used for noncommercial drivers li-censes. PART 384STATE COMPLIANCE WITH COMMERCIAL DRIVERS LI-CENSE PROGRAM Subpart AGeneral Sec. 384.101 Purpose and scope. 384.103 Applicability. 384.105 Definitions. 384.107 Matter incorporated by refer

3、ence. Subpart BMinimum Standards for Substantial Compliance by States 384.201 Testing program. 384.202 Test standards. 384.203 Driving while under the influence. 384.204 CDL issuance and information. 384.205 CDLIS information. 384.206 State record checks. 384.207 Notification of licensing. 384.208 N

4、otification of disqualification. 384.209 Notification of traffic violations. 384.210 Limitation on licensing. 384.211 Return of old licenses. 384.212 Domicile requirement. 384.213 Penalties for driving without a prop-er CDL. 384.214 Reciprocity. 384.215 First offenses. 384.216 Second offenses. 384.2

5、17 Drug offenses. 384.218 Second serious traffic violation. 384.219 Third serious traffic violation. 384.220 National Driver Register informa-tion. 384.221 Out-of-service regulations (intoxi-cating beverage). 384.222 Violation of out-of-service orders. 384.223 Railroad-highway grade crossing violati

6、on. 384.224 Noncommercial motor vehicle viola-tions. 384.225 CDLIS driver recordkeeping. 384.226 Prohibition on masking convictions. 384.227384.230 Reserved 384.231 Satisfaction of State disqualifica-tion requirement. 384.232 Required timing of record checks. 384.233 Background records checks. 384.2

7、34 Driver medical certification record-keeping. Subpart CProcedures for Determining State Compliance 384.301 Substantial compliancegeneral re-quirement. 384.303 Reserved 384.305 State certifications for Federal fis-cal years after FY 1994. 384.307 FMCSA program reviews of State compliance. 384.309 R

8、esults of compliance determina-tion. Subpart DConsequences of State Noncompliance 384.401 Withholding of funds based on non-compliance. 384.403 Period of availability; effect of com-pliance and noncompliance. 384.405 Decertification of State CDL pro-gram. 384.407 Emergency CDL grants. AUTHORITY: 49

9、U.S.C. 31136, 31301 et seq., and 31502; secs. 103 and 215 of Pub. L. 106159, 113 Stat. 1753, 1767; and 49 CFR 1.73. SOURCE: 59 FR 26039, May 18, 1994, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 384 appear at 66 FR 49872, Oct. 1, 2001. Subpart AGeneral 384.101 Purpose and sc

10、ope. (a) Purpose. The purpose of this part is to ensure that the States comply with the provisions of section 12009(a) of the Commercial Motor Vehicle Safe-ty Act of 1986 (49 U.S.C. 31311(a). (b) Scope. This part: (1) Includes the minimum standards for the actions States must take to be in substanti

11、al compliance with each of the 22 requirements of 49 U.S.C. 31311(a); (2) Establishes procedures for deter-minations to be made of such compli-ance by States; and (3) Specifies the consequences of State noncompliance. 62 FR 37152, July 11, 1997 384.103 Applicability. The rules in this part apply to

12、all States. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-217 Federal Motor Carrier Safety Administration,

13、DOT 384.203 384.105 Definitions. (a) The definitions in part 383 of this title apply to this part, except where otherwise specifically noted. (b) As used in this part: CDLIS motor vehicle record (CDLIS MVR) means a report generated from the CDLIS driver record meeting the requirements for access to

14、CDLIS in-formation and provided by States to users authorized in 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 27212725. Issue and issuance mean initial licen-sure, license transfers, license renew-als, license upgrades, and nonresident commercial d

15、rivers licenses (CDLs), as described in 383.73 of this title. Licensing entity means the agency of State government that is authorized to issue drivers licenses. Year of noncompliance means any Fed-eral fiscal year during which (1) A State fails to submit timely cer-tification as prescribed in subpa

16、rt C of this part; or (2) The State does not meet one or more of the standards of subpart B of this part, based on a final determina-tion by the FMCSA under 384.307(c) of this part. 59 FR 26039, May 18, 1994, as amended at 73 FR 73125, Dec. 1, 2008 384.107 Matter incorporated by ref-erence. (a) Inco

17、rporation by reference. This part includes references to certain matter or materials. The text of the materials is not included in the regula-tions contained in this part. The mate-rials are hereby made a part of the reg-ulations in this part. The Director of the Office of the Federal Register has a

18、pproved the materials incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For materials subject to change, only the specific version approved by the Director of the Office of the Federal Register and spec-ified in the regulation are incor-porated. Material is incorporated

19、 as it exists on the date of the approval and a notice of any change in these mate-rials will be published in the FEDERAL REGISTER. (b) Materials incorporated. The AAMVA, Inc.s Commercial Driver Li-cense Information System (CDLIS) State Procedures Manual, Version 4.1.0, September 2007 (CDLIS State P

20、rocedures Manual), IBR approved for 384.225(f) and 384.231(d). (c) Addresses. (1) All of the materials incorporated by reference are available for inspection at: (i) The Department of Transportation Library, 1200 New Jersey Ave., SE., Washington, DC 205900001; telephone is (202) 3660746. These docum

21、ents are also available for inspection and copying as provided in 49 CFR part 7. (ii) The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 2027416030, or go to: http:/www.archives.gov/ federallregister/ codeloflfederallregulation

22、s/ ibrllocations.html. (2) Information and copies of all of the materials incorporated by ref-erence may be obtained by writing to: American Association of Motor Vehicle Administrators, Inc., 4301 Wilson Blvd, Suite 400, Arlington, VA 22203; Web site is http:/www.aamva.org. 67 FR 49761, July 31, 200

23、2, as amended at 72 FR 55700, Oct. 1, 2007; 73 FR 73125, Dec. 1, 2008 Subpart BMinimum Standards for Substantial Compliance by States 384.201 Testing program. The State shall adopt and administer a program for testing and ensuring the fitness of persons to operate commer-cial motor vehicles (CMVs) i

24、n accord-ance with the minimum Federal stand-ards contained in part 383 of this title. 384.202 Test standards. No State shall authorize a person to operate a CMV unless such person passes a knowledge and driving skills test for the operation of a CMV in ac-cordance with part 383 of this title. 384.2

25、03 Driving while under the in-fluence. (a) The State must have in effect and enforce through licensing sanctions the VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproducti

26、on or networking permitted without license from IHS-,-,-218 49 CFR Ch. III (10110 Edition) 384.204 disqualifications prescribed in 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentra-tion. (b) Nothing in this section shall be construed to require a State to apply its crimina

27、l or other sanctions for driv-ing under the influence to a person found to have operated a CMV with an alcohol concentration of 0.04, except li-censing sanctions including suspension, revocation, or cancellation. (c) A State that enacts and enforces through licensing sanctions the dis-qualifications

28、 prescribed in 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration and gives full faith and credit to the dis-qualification of CMV drivers by other States shall be deemed in substantial compliance with section 12009(a)(3) of the Commercial Motor Vehicle Safety Act of 198

29、6 (49 U.S.C. 31311(a)(3). 67 FR 49761, July 31, 2002 384.204 CDL issuance and informa-tion. (a) General rule. The State shall au-thorize a person to operate a CMV only by issuance of a CDL, unless a waiver under the provisions of 383.7 applies, which contains, at a minimum, the in-formation specifie

30、d in part 383, subpart J, of this title. (b) Exceptions(1) Training. The State may authorize a person, who does not hold a CDL valid in the type of vehicle in which training occurs, to undergo behind-the-wheel training in a CMV only by means of a learners permit issued and used in accordance with 38

31、3.23(c) of this title. (2) Confiscation of CDL pending en-forcement. A State may allow a CDL holder whose CDL is held in trust by that State or any other State in the course of enforcement of the motor ve-hicle traffic code, but who has not been convicted of a disqualifying offense under 383.51 base

32、d on such enforce-ment, to drive a CMV while holding a dated receipt for such CDL. 384.205 CDLIS information. Before issuing a CDL to any person, the State shall, within the period of time specified in 384.232, perform the check of the Commercial Drivers Li-cense Information System (CDLIS) in accord

33、ance with 383.73(a)(3)(ii) of this title, and, based on that information, shall issue the license, or, in the case of adverse information, promptly im-plement the disqualifications, licensing limitations, denials, and/or penalties that are called for in any applicable section(s) of this subpart. 384

34、.206 State record checks. (a) Required checks(1) Issuing States records. Before issuing, renewing, up-grading, or transferring a CDL to any person, the drivers State of record must, within the period of time speci-fied in 384.232, check its own records as follows: (i) The driver record of the person

35、 in accordance with 383.73(a)(3)(i) of this chapter; and (ii) For a driver who certifies that his or her type of driving is not-excepted, interstate commerce according to 383.71(a)(1)(ii)(A) of this chapter, the medical certification status informa-tion on the persons CDLIS driver record. (2) Other

36、States records. Before the initial or transfer issuance of a CDL to a person, and before renewing a CDL held by any person, the issuing State must: (i) Require the applicant to provide the names of all States where the ap-plicant has previously been licensed to operate any type of motor vehicle. (ii

37、) Within the time period specified in 384.232, request the complete driver record from all States where the appli-cant was licensed within the previous 10 years to operate any type of motor vehicle. (iii) States receiving a request for the driver record of a person currently or previously licensed b

38、y the State must provide the information within 30 days. (b) Required action. Based on the find-ings of the State record checks pre-scribed in this section, the State of record must do one of the following as appropriate: (1) Issue, renew, upgrade or transfer the applicants CDL; (2) In the event a S

39、tate obtains ad-verse information regarding the appli-cant, promptly implement the disquali-fications, licensing limitations, deni-als, or penalties that are called for in VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1

40、PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-219 Federal Motor Carrier Safety Administration, DOT 384.210 any applicable sections of this subpart; or (3) In the event there is no informa-tion regarding the drivers self-certifi-cation

41、for driving type that is required by 383.71(a)(1)(ii), or for a driver who is required by 383.71(h) to be cer-tified; if the medical certification sta-tus of the individual is not-certified, the State must deny the CDL action requested by the applicant and initiate a downgrade of the CDL, if require

42、d by 383.73(j)(4) of this chapter. 59 FR 26039, May 18, 1994, as amended at 67 FR 49761, July 31, 2002; 73 FR 73125, Dec. 1, 2008 384.207 Notification of licensing. Within the period defined in 383.73(f) of this title, the State shall: (a) Notify the operator of the CDLIS of each CDL issuance; (b) N

43、otify the operator of the CDLIS of any changes in driver identification information; and (c) In the case of transfer issuances, implement the Change State of Record transaction, as specified by the oper-ator of the CDLIS, in conjunction with the previous State of record and the operator of the CDLIS

44、. 384.208 Notification of disqualifica-tion. (a) No later than 10 days after dis-qualifying a CDL holder licensed by an-other State, or revoking, suspending, or canceling an out-of-State CDL hold-ers privilege to operate a commercial motor vehicle for at least 60 days, the State must notify the Stat

45、e that issued the license of the disqualification, rev-ocation, suspension, or cancellation. (b) The notification must include both the disqualification and the viola-tion that resulted in the disqualifica-tion, revocation, suspension, or can-cellation. The notification and the in-formation it provi

46、des must be recorded on the CDLIS driver record. 67 FR 49761, July 31, 2002, as amended at 73 FR 73125, Dec. 1, 2008 384.209 Notification of traffic viola-tions. (a) Required notification with respect to CDL holders. Whenever a person who holds a CDL from another State is con-victed of a violation o

47、f any State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the licensing entity of the State in which the conviction occurs must notify the licensing entity in the State where the driver is licensed of this conviction within the time

48、period established in paragraph (c) of this section. (b) Required notification with respect to non-CDL holders. Whenever a person who does not hold a CDL, but who is li-censed to drive by another State, is convicted of a violation in a CMV of any State or local law relating to motor vehicle traffic

49、control (other than a parking violation), the licensing entity of the State in which the convic-tion occurs must notify the licensing entity in the State where the driver is licensed of this conviction within the time period established in paragraph (c) of this section. (c) Time period for notification of traf-fic violations. (1) Beginning on Sep-tember 30, 2005, the not