Commercial Driver's License Disqualification Requirements
ATU Supports
Legislation prohibiting FMCSA from enforcing regulations that directly or indirectly prohibit a CMV driver from participating in a driving school in the disposition of a traffic violation or prohibit a State from issuing a provisional driver's license to a CMV driver in the disposition of a traffic violation.
Under federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) in 2002, and implemented by the States in 2005, individuals holding a commercial driver’s license (CDL) will lose their license (and therefore their job) if they commit certain traffic violations, including speeding and erratic lane changes, while driving their own car.
Unlike other drivers without a CDL, a CDL holder is prohibited under these rules from entering into a state-approved diversion program or driver safety program in order to clear traffic violations from their record, and thereby maintain their job as a CMV operator.
While Congress, through the passage of the Motor Carrier Safety Improvement Act of 1999 (MCSIA), required FMCSA to apply CDL penalties to certain serious non-CMV offenses, it certainly did not intend the harsh penalties that are now being enforced by FMCSA. The purpose of MCSIA was to improve safety of CMV operations, not to deny CDL holders the same opportunities for retraining and disposition of non-CMV driving citations as are available to non-CDL holders.
The ATU has always maintained that CMV drivers should not lose their job as a result of unrelated conduct that they engage in during non-work hours which does not in any way affect their ability to safely perform work duties.
Related Link:
CDL Regulations and Driver Qualification Requirements
Other ATU Federal Legislative Priorities:
|