1 COMMERCIAL DRIVER’S LICENSES

2 PURPOSE OF THE CDL Mandated by the Commercial Motor Vehicle Safety Act of Public Law Title XII The federal Motor Carrier Safety Improvement Act of 1999 – Public Law To reduce or prevent Commercial Motor Vehicle accidents, fatalities, and injuries.

3 Commercial Driver’s License Commercial Driver’s License, defined –shall mean an operator’s license –which authorizes an individual to drive a –Class of Commercial Motor Vehicle

4 Commercial Motor Vehicle, defined –Commercial motor vehicle shall mean a MOTOR VEHICLE: That has a gross vehicle weight rating of more than 26,000 lbs., Is designed to transport 16 or more passengers including the driver, Transports Hazardous Materials required to be placarded pursuant to section

5 Gross Vehicle Weight Rating, defined Gross Vehicle Weight Rating (GVWR) shall mean the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle. The Gross Vehicle Weight Rating of a combination or articulated vehicle shall be the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units.

6 There are three classes of Commercial Driver’s Licenses  Class A, which allows for the operation of Class A, B or C vehicles with the proper endorsements  Class B, which allows for the operation of Class B and C vehicles with the proper endorsements  Class C, only allows for the operation of Class C vehicles, needs an endorsement

7 Class A - Combination Vehicle Any combination of motor vehicles and towed vehicles with a GVWR of more than 26,000 lbs. if the GVWR of the vehicle(s) being towed are in excess of 10,000 lbs.

8 CLASS “A” Vehicles

9 Class B - Heavy Straight Vehicle Any single motor vehicle with a GVWR of 26,001 lbs. or more or any such motor vehicle towing a vehicle with a GVWR not exceeding 10,000 lbs.

10 Class “B” Vehicles

11 Class “C” Vehicles Less than 26,001 lbs. GVWR Motor vehicles designed to transport 16 or more passengers, including the driver. Motor vehicles used in the transportation of hazardous materials and required to be placarded pursuant to section GVWR 21,200 lbs. transporting 30 lbs. Division 4.3 Material

12 Endorsements to a CDL: T - Double/triple trailers P - Passengers N - Tank vehicles H - Hazardous materials X - Combination tank vehicle and hazardous materials. S – School Bus (Beginning 9/30/2005)

13 Tank Vehicle, defined means any commercial motor vehicle designed to transport any liquid or gaseous materials: –within a tank that is either permanently or temporarily attached to the vehicle or the chassis. –Such vehicle includes, but is not limited to, a cargo tank and a portable tank, as defined in 49 C.F.R (greater than 119 gallon capacity) –However, this definition does not include a portable tank that has a rated capacity under one thousand gallons

14 Current CDL Disqualifications While driving Commercial Motor Vehicles: –Serious Traffic Violations Separate Incidents within 3 Years –RR Crossing Violations –Conviction for Violating Out-of-Service Order

15 Changes to CDL and Disqualifications Nebraska LB 562 (2003 legislative session) –Amended NE CDL laws Most changes effective Sept. 30, 2005 Defines Disqualification as either: –Suspension, revocation, cancellation, or withdrawal; or –Determination by the FMCSA under Part 386 a person longer qualified under Part 391; or –Loss of qualification which automatically follows conviction of an offense listed in Defines tank vehicle –As cargo tank in 49CFR171 and –portable tanks of 1000 gallons or more

16 Conviction of: DUI of Alcohol or Controlled Substances, Leaving the Scene of an Accident, Commission of a Felony, or Administrative Determination of.04 BAC or Refusal. 1st Conviction and / or Administrative Determination Not Carrying Hazardous Materials Disqualified for 1 year While Carrying Hazardous Materials Disqualified for 3 years 2nd Conviction and / or Administrative Determination Disqualified for Life Disqualification while driving CDL Vehicles

17 Disqualification while driving CDL Vehicles (new) Disqualified from driving a CMV for 1 year: –DUI alcohol or DUI Controlled Substance or refusal to test – CMV 9/30/2005 – any motor vehicle –Driving CMV – any alcohol violation,.04 or refusal –Leaving the scene of an accident involving a CMV 9/30/2005 – any motor vehicle

18 Disqualification while driving CDL Vehicles (new) cont. –Using a CMV in the commission of a felony 9/30/2005 – any motor vehicle –9/30/2005 – Operating a CMV after your CDL has been suspended, revoked, cancelled or disqualified –9/30/2005 – Causing a fatality accident through negligent or criminal operation of a CMV

19 Disqualification while driving CDL Vehicles (new) cont. –Disqualified for 3 years - If any of the above occur while transporting HM in a CMV requiring placards –Disqualified for life – If convicted of a 2 nd or subsequent violation of any of the above 9/30/2005 – Using a CMV in the commission of a felony involving the manufacture, distributing, or dispensing a controlled substance

20 Disqualification for Serious Traffic Violations Separate Incidents within 3 Years Conviction of Speeding at or in excess of 15 mph over, Willful Reckless or Reckless Driving, Improper Lane Change, Following Too Close, or Any Moving Violation arising from a Fatality Accident. 2 Violations within 3 Years Disqualified not less than 60 Days 3 Violations within 3 Years Disqualified not less than 120 Days

21 Serious Traffic Violations (new) –Speeding – 15 mph or more –Willful reckless driving –Improper lane change –Following too close –Any moving violation resulting in a fatality accident 9/30/2005 –Driving a CMV without a CDL –Driving a CMV without a CDL in possession –Driving a CMV without the proper class or endorsement

22 Drivers not always required to Stop Failing to slow down and check if tracks are clear of approaching Trains Failing to stop when tracks are not clear Drivers always required to Stop Failing to Stop For All Drivers Failing to have sufficient space to drive completely through crossing without stopping Failing to obey traffic control device or direction of enforcement official at crossing Failing to negotiate a crossing because of Insufficient undercarriage clearance Convicted of 1 Violation Disqualified not less than 60 Days Convicted of 2 nd Violation in 3 years Disqualified not less than 120 Days Convicted of 3 rd Violation in 3 years Disqualified not less than 1 year Disqualification for Railroad Grade Crossing Violations

23 Disqualification following conviction for violating Out-of-Service Orders VIOLATING OUT OF SERVICE ORDER Operating Commercial Motor Vehicle 1st Conviction Disqualified 90 Days 2nd Conviction during any 10 year Period (on or after Oct.1, 1996) Disqualified 1 Year Transporting HazMat or Passengers 1st Conviction Disqualified 180 Days 2nd Conviction during any 10 year Period (on or after Oct.1, 1996) Disqualified 3 Years

24 Conviction of Violating an OOS order (new) Length of Disqualification changes: –1 st conviction – disqualified for at least 90 days, but not more than 1 year –2 nd conviction within 10 years – disqualified for at least 1 year, but not more than 5 years –3 rd or more convictions within 10 years – disqualified for at least 3 years, but not more than 5 years.

25 Conviction of Violating an OOS order (new) Length of Disqualification changes: –CMV transporting HM requiring placards or use to transport passengers: –1 st conviction – disqualified for at least 180 days, but not more than 2 years –2 nd or more convictions within 10 years – disqualified for at least 3 years, but not more than 5 years

26 Federal Disqualification Beginning 9/30/2005 – any federal disqualification of a NE driver determined to constitute an imminent hazard shall become part of the NE operator’s record maintained by the Dept. of Motor Vehicles

27 LB 562’s changes to NE CDL statutes mirror those in Part 383 of the FMCSR’s The January 29, 2003 Final rule clarified that a CDL driver may only be disqualified for offenses committed while operating a non- CMV if the conviction for the offense results in the revocation, cancellation, or suspension of the driver’s license. Summary