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4506 Commercial Driver License New Legislation to Chapter 4506 Effective Date July 1, 2005 House Bill 68.

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Presentation on theme: "4506 Commercial Driver License New Legislation to Chapter 4506 Effective Date July 1, 2005 House Bill 68."— Presentation transcript:

1 4506 Commercial Driver License New Legislation to Chapter 4506 Effective Date July 1, 2005 House Bill 68

2 – Definitions: – Definitions: (DD) Serious traffic violation: (DD) Serious traffic violation: Speed violation excess of the posted speed limit by 15 miles or more per hour, Speed violation excess of the posted speed limit by 15 miles or more per hour, Violation of section or (reckless operation, Violation of section or (reckless operation, Traffic violation resulting in a fatality, Traffic violation resulting in a fatality, Violation of section (marked Lanes) Violation of section (marked Lanes) Violation of section (following too close) Violation of section (following too close) Violation of section (no CDL [or proper endorsements] or no CDL in the drivers possession) Violation of section (no CDL [or proper endorsements] or no CDL in the drivers possession)

3 – Expiration and renewal of license – Expiration and renewal of license Every CDL shall be renewable 180 days before its expiration. Every CDL shall be renewable 180 days before its expiration – Alcohol and other prohibitions, – Alcohol and other prohibitions, No Person shall do any of the following No Person shall do any of the following Drive a CMV while having an alcohol concentration of forty- eight thousandths of one per cent or more by blood serum or blood plasma, Drive a CMV while having an alcohol concentration of forty- eight thousandths of one per cent or more by blood serum or blood plasma, Drive a CMV while having an alcohol concentration of fifty-six thousandths of one per cent or more by urine, Drive a CMV while having an alcohol concentration of fifty-six thousandths of one per cent or more by urine, Operate a CMV while the persons commercial driving privileges are revoked, suspended, cancelled or disqualified, Operate a CMV while the persons commercial driving privileges are revoked, suspended, cancelled or disqualified, Cause a fatality through the negligent operation of a CMV, Cause a fatality through the negligent operation of a CMV,

4 Period of Disqualification Period of Disqualification (A) Convicted of a violation of an out of service order: (1) No previous convictions for out of service – 90 days, (2) 2 nd conviction for out of service in 10 year period – 1 year (3) 3 rd conviction for out of service in 10 year period – 3 years (B)(1) 180 day disqualification for the 1 st conviction of violating an out of service order while hauling placarded hazmat, (2) 3 year disqualification for the 2 nd and subsequent conviction of violating an out of service order while hauling placarded hazmat,

5 cont cont. (C) Violation of (A)(1) [any alcohol] – 24 hour out of (C) Violation of (A)(1) [any alcohol] – 24 hour out of service, service, (D) Disqualify for 1 year for a conviction of : (D) Disqualify for 1 year for a conviction of : (1) [A][2] Drive a CMV testing.04% or more by blood or breath, breath, [3] Drive a CMV testing.048% or more by blood serum or [3] Drive a CMV testing.048% or more by blood serum or blood plasma, blood plasma, [4] drive a CMV testing. 056% or more by urine, [4] drive a CMV testing. 056% or more by urine, [5] Drive a CMV while under the influence of a controlled [5] Drive a CMV while under the influence of a controlled substance, substance, [6] Use a CMV in the commission of a felony, [6] Use a CMV in the commission of a felony, [7] Refuse to submit to a test under of the ORC, [7] Refuse to submit to a test under of the ORC,

6 [8] Operate a CMV with a suspended, revoked [8] Operate a CMV with a suspended, revoked cancelled or disqualified CDL, cancelled or disqualified CDL, [9] Cause a fatality through the negligent [9] Cause a fatality through the negligent operation of a CMV, operation of a CMV, A conviction of any provision of , A conviction of any provision of , A conviction of any provision of to A conviction of any provision of to , , (2) 3 years disqualification for violating any of the above sections while transporting a placarded amount of hazmat, (2) 3 years disqualification for violating any of the above sections while transporting a placarded amount of hazmat, (3) Life disqualification for a 2 nd conviction of any of the above sections while transporting a placarded amount of hazmat, (3) Life disqualification for a 2 nd conviction of any of the above sections while transporting a placarded amount of hazmat,

7 (4) Life disqualification for conviction of violating (A)(10) – possession of intent or manufacture, distribution or dispense a controlled substance, (4) Life disqualification for conviction of violating (A)(10) – possession of intent or manufacture, distribution or dispense a controlled substance, (5) 60 day disqualification for the conviction of 2 serious traffic violations involving the operation of a motor vehicle, in a 3 year period, if the conviction results in the revocation, cancellation or suspension of the CDL holders license or non-CMV driving privileges, (5) 60 day disqualification for the conviction of 2 serious traffic violations involving the operation of a motor vehicle, in a 3 year period, if the conviction results in the revocation, cancellation or suspension of the CDL holders license or non-CMV driving privileges, (6) 120 day disqualification for the conviction of 3 serious traffic violations involving the operation of a motor vehicle, in a 3 year period, if the conviction results in the revocation, cancellation or suspension of the CDL holders license or non-CMV driving privileges, (6) 120 day disqualification for the conviction of 3 serious traffic violations involving the operation of a motor vehicle, in a 3 year period, if the conviction results in the revocation, cancellation or suspension of the CDL holders license or non-CMV driving privileges, (7) 60 day disqualification for the 1 st conviction involving the operation of a CMV of any provision of to of the ORC, (railroad crossing) (7) 60 day disqualification for the 1 st conviction involving the operation of a CMV of any provision of to of the ORC, (railroad crossing) (8) 120 day disqualification for the 2nd conviction involving the operation of a CMV of any provision of to of the ORC, (railroad crossing) (8) 120 day disqualification for the 2nd conviction involving the operation of a CMV of any provision of to of the ORC, (railroad crossing)

8 (10) 1 year disqualification for any driver declared an imminent hazard by the FMCSA, imminent hazard by the FMCSA, (G) A driver in violation of driving a CMV with out a CDL in his/her possession who provides proof to the enforcement agency or court that they held a valid CDL when cited, shall not be considered a serious traffic violation, (G) A driver in violation of driving a CMV with out a CDL in his/her possession who provides proof to the enforcement agency or court that they held a valid CDL when cited, shall not be considered a serious traffic violation, (J) Notification of a disqualification hearing by the BMV if the disqualified driver asks for it within 30 days, (J) Notification of a disqualification hearing by the BMV if the disqualified driver asks for it within 30 days, (K) A disqualified CDL holder may apply to the registrar for a drivers license to operate a motor vehicle other than a CMV. If the CDL is under suspension, the person shall not apply for a drivers license to operate a motor vehicle. (K) A disqualified CDL holder may apply to the registrar for a drivers license to operate a motor vehicle other than a CMV. If the CDL is under suspension, the person shall not apply for a drivers license to operate a motor vehicle.

9 Duties of employer of the driver: Duties of employer of the driver: (A) Each employer shall require every applicant for employment as a driver of a CMV to provide the applicants employment history for the preceding 10 years, including: (A) Each employer shall require every applicant for employment as a driver of a CMV to provide the applicants employment history for the preceding 10 years, including: (1) A list of names and addresses of the applicants previous CDL employers, (1) A list of names and addresses of the applicants previous CDL employers, (2) The dates the applicant was employed by these employers, (2) The dates the applicant was employed by these employers, (3) The reason for leaving such employment, (3) The reason for leaving such employment,

10 (B)(3) No employer shall knowingly permit any driver employed by the employer to drive a CMV during any period in which the driver, the CMV he/she is driving, or the motor carrier operation is subject to an out-of- service order in any state or foreign jurisdiction. (B)(3) No employer shall knowingly permit any driver employed by the employer to drive a CMV during any period in which the driver, the CMV he/she is driving, or the motor carrier operation is subject to an out-of- service order in any state or foreign jurisdiction. (C) No employer shall knowingly permit nor authorize a driver to operate a CMV in violation of any provision of of the Revised Code (C) No employer shall knowingly permit nor authorize a driver to operate a CMV in violation of any provision of of the Revised Code

11 House Bill – Notwithstanding any provision of the Revised Code, the BMV shall not issue or renew a CDL if issuance or renewal of the license would violate federal law – Notwithstanding any provision of the Revised Code, the BMV shall not issue or renew a CDL if issuance or renewal of the license would violate federal law – No court shall issue an order granting limited driving privileges for operation of a commercial motor vehicle to any person whose drivers license or CDL has been suspended or who has been disqualified from operating a commercial motor vehicle – No court shall issue an order granting limited driving privileges for operation of a commercial motor vehicle to any person whose drivers license or CDL has been suspended or who has been disqualified from operating a commercial motor vehicle (B) – A court shall not order the BMV to delete a record of conviction, unless the court finds the deletion of the record of conviction is necessary to correct an error. The BMV shall not accept a court order directing a deletion of a record of conviction unless the order states that the record is being deleted in order to correct an error (B) – A court shall not order the BMV to delete a record of conviction, unless the court finds the deletion of the record of conviction is necessary to correct an error. The BMV shall not accept a court order directing a deletion of a record of conviction unless the order states that the record is being deleted in order to correct an error.


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