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FMCSA toughens drivers license requirements

Staff -- Logistics Management, 9/1/2002

In a move that could make it tougher for motor carriers to find qualified drivers, the Federal Motor Carrier Safety Administration (FMCSA) has issued more stringent license requirements and penalties for commercial drivers.

Under federal law, truck drivers must have a commercial drivers license (CDL) in order to operate a commercial vehicle, but state authorities issue those licenses. Congressional legislation passed in 1999 required the FMCSA to strengthen the rules and penalty system for truck and bus drivers who are required to have a CDL.

Under rules that take effect at the end of this month, commercial drivers could lose their CDLs if convicted of traffic violations they committed while operating a passenger vehicle and which result in their licenses being canceled, revoked or suspended. The rules also apply if drivers are convicted of drug- or alcohol-related offenses committed while operating a passenger vehicle. (For instance, if the driver of a passenger car refused to take a breathalyzer test, he or she would be barred from operating a commercial vehicle for one year.) Furthermore, a second conviction for an offense like operating a private vehicle 15 miles over the speed limit or for tailgating could cost a commercial driver the right to drive a big rig for 60 days.

In addition, the new rules give the FMCSA the right to pull any driver's commercial license for up to 30 days if it deems the driver "an imminent hazard." Longer disqualification periods could be assessed, but only after a hearing.

The FMCSA also will now require drivers who want to obtain a CDL from any state agency to provide driving records and a list of other states where they have held motor vehicle licenses. States that issue commercial licenses, moreover, must now check drivers' histories with the FMCSA's Commercial Drivers License Information System (CDLIS) and the National Driver Register. Motor carriers will have the right to use CDLIS data to check the background of driver applicants. States are supposed to notify the CDLIS of any traffic-violation conviction within 30 days, effective Sept. 30, 2005. As of Sept. 30, 2008, the states will have only 10 days from the date of conviction to update drivers' records. States will have three years to comply with the new rules or risk losing the authority to issue CDLs as well as their eligibility to receive federal grants for truck safety programs.

The FMCSA says the new, tougher rules will remove dangerous drivers from the road. "These comprehensive requirements for those who want to drive trucks and buses will help ensure that our highways are safer," said U.S. Transportation Secretary Norman Y. Mineta in announcing the rules.

Because truck drivers will be held to a higher standard than the average motorist, though, trucking industry officials have voiced concern that it could exacerbate the nationwide driver shortage. "It's the right goal; we don't want people hurt," says Lisa Ellman, the director of recruiting operations for Green Bay, Wis.-based Schneider National, the nation's largest truckload carrier. "But the rules are going to be a challenge for the industry to implement."

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