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Question 1: a. If a CDL holder was convicted of one “excessive speeding” (15 or more miles over the speed limit) violation in a CMV and the same violation in his/her personal vehicle, would the driver be disqualified? Or,
b. If a CDL holder was convicted of two separate “excessive speeding” (15 or more miles over the speed limit) violations in his/her personal passenger vehicle, would the driver be disqualified?
Guidance: Yes, in both cases, if the second offense was within 3 years of the first. Whether the vehicle is a CMV is irrelevant.
Question 2: If a State disqualifies a driver for two convictions for serious traffic violations under §383.51 and that driver is then reinstated and commits a third serious violation, what additional period of disqualification must be imposed on that driver?
Guidance: If the third violation for a serious violation occurs within 3 years of the original violation and the driver is convicted of the third violation, then the driver must be disqualified for an additional 120 days.
Question 3: Section 383.51 of the FMCSRs disqualifies a driver if certain offenses were committed while operating a CMV. Will the States be required to identify on the motor vehicle driver’s record the class of vehicle being operated when a violation occurs?
Guidance: No, the State must only identify whether the violation occurred in a CMV, not the specific class of CMV. The only other indication that is required is if the vehicle was carrying HM as defined in §383.5.
Question 4: What is meant by leaving the scene of an accident involving a CMV?
Guidance: As used in part 383, the disqualifying offense of “leaving the scene of an accident involving a CMV” is all-inclusive and covers the entire range of situations where the driver of the CMV is required by State law to stop after an accident and either give information to the other party, render aid, or attempt to locate and notify the operator or owner of other vehicles involved in the accident.
Question 5: If a CDL holder commits an offense that would normally be disqualifying, but the CDL holder is driving under the farm waiver in §383.3(d)(1), must the conviction result in a disqualification and action against the CDL holder?
Guidance: Yes. A CDL holder is subject to the disqualification requirements, even if the CDL holder is not operating a CMV or a vehicle requiring the CDL when the offense occurs.
Question 6: May a State issue a “conditional,” “occupational” or “hardship” license that includes CDL driving privileges when a CDL holder loses driving privileges to operate a private passenger vehicle (non-CMV)?
Guidance: No. Under 49 CFR 384.210, a State may not knowingly issue a CLP, CDL, or a commercial special license or permit (including a provisional or temporary license) permitting a person to drive a CMV during a period in which the CLP or CDL holder’s noncommercial driving privilege has been disqualified.
Question 7: Must the State use the date of conviction, rather than the offense date, to calculate the starting and ending dates for the driver disqualification period specified in §383.51?
Guidance: Yes, the State must use the date of conviction or a later date, rather than the offense date, as the basis for calculating the starting and ending dates for the driver disqualification period. The use of the conviction date or a later date ensures that the driver receives due process of law but still serves the full disqualification required.
Question 8: Must the State use the offense date or the conviction date to determine if two or more serious traffic convictions occurred within a 3-year period?
Guidance: The State must use the offense dates to determine if two or more serious traffic convictions fall within the 3-year period specified in §383.51, Table 2.