BASIC INFORMATION AND TERMS REGARDING
COMMERCIAL DRIVER LICENSES

INTRODUCTION:

This material is intended to provide a brief overview of terminology and information regarding commercial drivers and commercial licenses. In addition, the material includes changes in law regarding commercial drivers having a hazardous material endorsement and the changes made by the Motor Carrier Improvement Safety Act that became effective September 30, 2005. In studying the material and the law, it is clear that commercial drivers must not only abide by the laws relating to noncommercial drivers but also have additional requirements that must be followed in order to maintain commercial driving privileges. The federal law requires all states to disqualify commercial driving privileges if the commercial driver is convicted of specific traffic related offenses. Commercial drivers who have commercial privileges withdrawn cannot obtain limited driving privileges to drive the commercial vehicle. Commercial driver licenses consist of three classes of license: class A, class B and class C. Any motor vehicle 26,001 pounds or more either singly, or when combined with a towed unit, is considered a commercial motor vehicle. Also, a motor vehicle that is designed or used to transport 16 passengers including the driver or to haul hazardous materials in placardable quantities is considered a commercial motor vehicle even if the vehicle is less that 26,001 pounds.

KEY TERMS FOR COMMERCIAL LICENSING:

Commercial driver license: a driver license issued by this state to an individual which authorizes the individual to operate a commercial motor vehicle.

Conviction: an unvacated adjudication of guilt, including pleas of guilt and nolo contendre, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or prorated. NOTE: This varies from the definition of conviction for point assessment under section 302.302, and includes SIS dispositions, administrative outcomes from an agency and bond forfeitures.

Disqualification: a suspension, revocation or cancellation of a commercial driver license. The disqualification is for one year if the driver drives a commercial motor vehicle, or after September 30, 2005, any motor vehicle , under the influence of alcohol or a controlled substance; negligently operates the vehicle so as to cause a fatality; drives a commercial motor vehicle while revoked or uses a commercial motor vehicle, or after September 30, 2005, any motor vehicle, in the commission of a felony. The disqualification is enhanced to three years if the previous offenses are committed while hauling hazardous material. A second offense of the previous offenses triggers a minimum ten-year disqualification.

Driving under the influence of alcohol: driving a commercial motor vehicle with the alcohol concentration of four one-hundredths of a percent or more as prescribed by the secretary or such other alcohol concentration as may later be determined by the secretary by regulation; driving a commercial or noncommercial motor vehicle while intoxicated in violation of any federal or state law, or in violation of a county or municipal ordinance; driving a commercial or noncommercial motor vehicle with excessive blood alcohol content in violation of any federal or state law, or in violation of a county or municipal ordinance; refusing to submit to a chemical test in violation of section 577.041, RSMo, section 302.750, any federal or state law, or county or municipal ordinance or having any state, county or municipal alcohol-related contact, as defined in subsection 3 of section 302.525. NOTE: This definition incorporates the changes effective September 30, 2005. Under the law prior to September 30, 2005, a DWI or BAC conviction and administrative alcohol or refusal suspensions/revocations in a noncommercial motor vehicle resulted in the suspension or revocation of base privileges but did not result in a separate disqualification of commercial privileges.

Serious traffic violation: driving a commercial motor vehicle in such a manner that the driver receives a conviction for the following offenses or driving a noncommercial motor vehicle when the driver receives a conviction for the following offenses and the conviction results in the suspension or revocation of the driver license or noncommercial motor vehicle driving privileges: excessive speeding fifteen miles per hour over the posted speed limit, careless, reckless or imprudent driving which includes, but shall not be limited to, any violation of section 304.016, or any violation of section 304.010, or any other violation of federal or state law, or any county or municipal ordinance while driving a commercial motor vehicle in a willful or wanton disregard for the safety of persons or property, or improper or erratic traffic lane changes, or following the vehicle ahead to closely, but shall not include careless and imprudent driving by excessive speed; a violation of any federal or state law or county or municipal ordinance regulating the operation of motor vehicles arising out of an accident or collision which resulted in death to any person, other than a parking violation; driving a commercial motor vehicle without obtaining a commercial driver license in violation of any federal or state or county or municipal ordinance; driving a commercial motor vehicle without a commercial driver license in the driver's possession in violation of any federal or state or county or municipal ordinance; driving a commercial motor vehicle without the proper commercial driver license class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported in violation of any federal or state law or county or municipal ordinance or any other violation of a federal or state law or county or municipal ordinance regulating the operation of motor vehicles, other than a parking violation, as prescribed by the secretary by regulation. NOTE: This definition also includes the changes effective September 30, 2005. Current law is in italics and the changes effective September 30, 2005, are underlined.

Imminent hazard: the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.

BACKGROUND: When a driver is issued a commercial driver license, the driver must also have valid noncommercial driving privileges. It is not possible to have only commercial driving privileges without having any noncommercial privileges. The commercial license is overlaid on the noncommercial base privileges to permit the operation of both noncommercial and commercial motor vehicles. When convictions are entered that require the loss of noncommercial base driving privileges, the driver will also lose commercial driving privileges. If a driver loses both base and commercial driving privileges but the driver is otherwise eligible, a limited driving privilege to operate noncommercial motor vehicles may be obtained during the period of suspension or revocation. If the driver commits an offense unique to commercial driving that requires a commercial privilege disqualification but does not trigger a loss of base privileges, then the driver cannot drive the commercial vehicle during the period of the disqualification but could continue to drive noncommercial motor vehicles. Example: driving the commercial motor vehicle with a blood alcohol of .04%.

A commercial driver's driver record history travels with the driver when the driver moves from state to state. On the Missouri driving record, the driver's history prior to coming to Missouri is shown under Informational Driver History on the driving record. If serious traffic offenses or disqualifying convictions are contained in the informational history and additional offenses are committed, the driver history will be evaluated to see if the offenses in informational history when combined with current offenses require any disqualification. Following is a chart that sets out the disqualifying offenses and penalty time periods.

UNITED STATES PATRIOT ACT-HAZARDOUS MATERIAL BACKGROUND CHECK PROVISIONS EFFECTIVE JANUARY 31, 2005 AND MAY 31, 2005

COMMERCIAL DRIVER LICENSE WITH A HAZARDOUS MATERIAL ENDORSEMENT SHALL NOW HAVE TO UNDERGO A BACKGROUND CHECK AND THE LICENSE WILL EXPIRE NO MORE THAN FIVE YEARS FROM THE DATE OF THE BACKGROUND CHECK- (Section 302.735)

Applicants for a commercial driver license with a hazardous material endorsement will no longer be able to obtain a six-year license. This is necessary because of the United States Patriot Act criminal record check requirements. Initial applicants applying for a first time hazardous material endorsement will have to undergo the background checks beginning January 31, 2005, and the transfer or renewal applicants will begin background checks May 31, 2005. The background checks and applications of hazardous material endorsement are being performed by a vendor contracted with the Transportation Security Administration (TSA). Once the applicant is determined to be clear by TSA the department of revenue is notified and can then issue the commercial driver license with the endorsement.

SCHOOL BUS ENDORSEMENT WILL NOW BE ON THE COMMERCIAL DRIVER LICENSE

DRIVER LICENSE WITH SCHOOL BUS ENDORSEMENT WILL BE ISSUED BEGINNING May 31, 2005 (Section 302.177)

Any driver with a driver license and a school bus permit will, beginning May 31, 2005, beginning May 31, 2005, begin receiving a school bus endorsement on his or her license rather than a separate school bus permit. A school bus driver will have to obtain an endorsement on the Missouri drivers license or have a valid commercial drivers license with a valid school bus endorsement from another state to operate any school bus. An applicant for a school bus endorsement must currently also submit two sets of fingerprints and obtain a record of denial or clearance from the Missouri state highway patrol based on criminal history records, including a check of the child abuse and neglect registry.

NEW LAW EFFECTIVE SEPTEMBER 30, 2005:

NO MASKING OF CONVICTIONS FOR A COMMERCIAL DRIVER LICENSE HOLDER IS ALLOWED-Effective September 30, 2005 (Section 302.345)

Beginning September 30, 2005, this legislation provides that no federal, state, county or municipal court shall defer imposition of judgment, suspend imposition of sentence, or allow an individual who possesses a commercial driver license or is required to possess a commercial driver license issued under the laws of this state or another state, to enter into a diversion program that would prevent a conviction for any violation of a federal, state, county or municipal traffic control law, in any type of motor vehicle, from appearing on the driver's record maintained by the director of revenue.

ANY COURT WILL BE REQUIRED TO FORWARD CONVICTIONS REGULATING THE OPERATION OF MOTOR VEHICLES OR ANY OTHER OFFENSE IN WHICH THE COMMISSION OF SUCH OFFENSE INVOLVED THE USE OF A MOTOR VEHICLE, INCLUDING FELONY CONVICTIONS, WITHIN SEVEN DAYS OF THE DATE OF CONVICTION- Effective September 30, 2005 (Section 302.225)

This legislation provides that beginning September 30, 2005, convictions for offenses regulating the operation of vehicles or the commission of which involves the use of a motor vehicle, including felonies, must be forwarded by the court to the director of revenue within seven days of the date of conviction. The director will enter the conviction information into the appropriate computer systems and transmit the conviction information as required in 49 CFR Part 383, or as amended by the Secretary of the United States Department of Transportation. The director must within fifteen days of receipt forward these convictions to the Missouri state highway patrol.

NO DRIVER IMPROVEMENT PROGRAM PERMITTED FOR CDL DRIVER-
Effective September 30, 2005 (Section 302.302)

No driver improvement program in lieu of points is currently allowed for offenses that are committed in a commercial motor vehicle. Beginning September 30, 2005, this legislation provides that no driver improvement program in lieu of points will be allowed for violations committed in a commercial motor vehicle or by an individual who has been issued a commercial driver license whether the offenses are committed in a noncommercial or commercial motor vehicle.

NO PERSON WHO POSSESSES A COMMERCIAL DRIVER LICENSE SHALL RECEIVE LIMITED DRIVING PRIVILEGES FOR OPERATING A COMMERCIAL MOTOR VEHICLE-Effective September 30, 2005 (Section 302.309)

This legislation provides that if driving privileges are suspended, revoked, canceled, denied or disqualified, no person who possesses a commercial driver license may obtain limited driving privileges to operate the commercial motor vehicle. The only limited driving privileges that may be issued would be to allow operation of a noncommercial motor vehicle if the applicant is otherwise eligible.

COMMERCIAL DRIVER LICENSE DRIVER RECORD CHECKS - Effective September 30, 2005 (Section 302.740)

This legislation requires that beginning September 30, 2005, that prior to issuing a commercial driver license, the director must check the national driver register, the commercial driver license information system and any state driver's licensing system in which the person has been licensed; except that the director shall only be required to obtain the complete driving record from each state that the person has ever been licensed in when such person is issued an initial commercial driver license or renews his or her commercial driver license for the first time. The director shall maintain a notation in the driving record system of the date when he or she has obtained the driving records from all other states in which the person has been licensed. The commercial driving record shall contain a complete history of the driver, including information and convictions from previous states of licensure.

COMMERCIAL DRIVER'S DRIVING HISTORY - A driver's driving record history will travel with the driver from state to state. Driver history is shown on the Missouri driving record under Informational Driving History. Offenses from both the Informational Driving History and those committed while licensed as a commercial driver in Missouri will be used to determine a disqualification.

DISQUALIFYING OFFENSES AND PENALTIES

60 Days Disqualification

• Two serious traffic convictions* within three years
• One railroad-highway grade crossing violation

90 Days Disqualification

• First Traffic Conviction of violating an out-of-service order

120 Days Disqualification

• Three or more serious traffic convictions* within three years
• Second railroad-highway grade crossing violation within three years

180 Days Disqualification

• First traffic conviction for violating an out-of-service order while transporting
  hazardous materials or transporting 15 passengers or more

1-Year Disqualification

• Driving a Commercial Motor Vehicle (CMV) with a blood alcohol content (BAC)
  of 0.04 or higher
• Driving a CMV while under the influence of alcohol or drugs
• Refusing blood and/or breath test while operating a CMV
• Failing to stop at the scene of an accident that involved your CMV if the accident
  causes injury of death
• Using a CMV to commit a felony
• Driving a CMV with a revoked, suspended, canceled, or disqualified privilege
• Causing a fatality through the negligent or criminal operation of a CMV (includes
  the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide)
• Making a false statement on any application for a CDL
• Second traffic conviction for driving while out-of-service within ten years
• Third or subsequent railroad-highway grade crossing violation within three years

3-Year Disqualification

• First conviction for any one of the top eight violations listed under 1-year disqualifications while transporting hazardous materials
• Third or subsequent conviction for violating out-of-service orders within ten years
  Second or subsequent conviction within ten years for violating an out-of-service order while transporting hazardous materials or transporting 15 passengers or more

Lifetime Disqualification

• Second conviction for any one of the top eight violations listed under 1-year
  disqualifications
• First conviction of using a CMV in the manufacture or illegal distribution of drugs

Imminent Hazard Disqualification (not to exceed one year)

• Determination by the Federal Motor Carrier Safety Administration that a person's driving constitutes an imminent hazard

*Serious traffic convictions include:

• Speeding 15 mph or more above the speed limit	• Driving a CMV w/o obtaining a CDL
• Reckless driving	• Driving a CMW w/o CDL in possession
• Improper or erratic lane change	• Driving a CMV w/o proper class of
• Following too closely	• CDL or endorsement
• Moving violation relating to a fatal crash

DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE FOR A COMMERCIAL LICENSE HOLDER WILL ALSO INCLUDE OFFENSES COMMITTED IN A NONCOMMERCIAL MOTOR VEHICLE-Effective September 30, 2005 (Section 302.700)

Beginning September 30, 2005, this legislation provides that offenses for driving under the influence of alcohol or controlled substance will include both offenses committed in the commercial motor vehicle and offenses committed in a noncommercial motor vehicle. However, the .04 of one percent commercial standard will only apply to operation of commercial vehicle offenses. If the commercial driver license holder is driving a noncommercial motor vehicle, the blood alcohol content must exceed the legal limit for noncommercial drivers before it will be counted toward disqualification. The first offense will result in a one-year disqualification and a second offense a minimum ten-year disqualification. Conviction for a commercial license holder includes an unvacated adjudication of guilt, including pleas of guilt or nolo contendre or an authorized administrative proceeding, an unvacated forfeiture of bail or collateral or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or prorated.

SERIOUS TRAFFIC VIOLATIONS FOR A COMMERCIAL DRIVER WILL INCLUDE CERTAIN OFFENSES COMMITTED IN A COMMERCIAL NONCOMMERCIAL MOTOR VEHICLE WHEN THE DRIVER RECEIVES A CONVICTION FOR THE OFFENSE AND THE CONVICTION RESULTS IN THE SUSPENSION OR REVOCATION OF THE DRIVER LICENSE OR NONCOMMERCIAL MOTOR VEHICLE DRIVING PRIVILEGE-Effective September 30, 2005 (Section 302.700)

This legislation expands the offenses that are considered serious traffic offenses so that they now include: excessive speeding 15 mor more miles over the posted speed limit; careless, reckless or imprudent driving or erratic lane change or following too closely; a violation of any federal, state or municipal law regulating the operation of motor vehicles arising out of an accident or collision which resulted in death to any person, other than a parking violation; driving a commercial motor vehicle without obtaining a commercial driver license; driving a commercial motor vehicle without a commercial driver license in the driver's possession in violation of any federal, state or municipal ordinance; driving a commercial motor vehicle without proper commercial driver license class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported in violation of any federal or state law or municipal ordinance or any other violation of a federal or state law or municipal ordinance regulating the operation of motor vehicles, other than a parking violation, as prescribed by the secretary by regulation. Beginning September 30, 2005, a person will be disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations arising from separate incidents within a three-year period or one hundred twenty days if convicted of three serious traffic violations arising from separate incidents within a three-year period. The three-year period will be based on violation date rather than conviction date.

COMMERCIAL DRIVER DISQUALIFICATION PERIODS-Effective September 30, 2005 (section 302.755)

Beginning September 30, 2005, this legislation provides that a commercial driver will be disqualified for one year if convicted for a first violation of: driving any, not just a commercial, motor vehicle under the influence of alcohol or a controlled substance; driving a commercial motor vehicle which causes a fatality through the negligent operation of the commercial motor vehicle, including but not limited to the crimes of vehicular manslaughter, homicide by motor vehicle, and negligent homicide; leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by that person; using a commercial or noncommercial motor vehicle in the commission of any felony, as defined in Section 302.700, except a felony involving the use of a commercial or noncommercial motor vehicle in a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance; or driving a commercial motor vehicle when, as a result of prior violations committed while operating a CMV, the driver's commercial driving privileges are revoked, suspended or canceled, or the driver is disqualified from operating a commercial motor vehicle. If any of the previously listed violations normally resulting in a one-year disqualification occur while the driver is transporting hazardous material, the disqualification period is increased to three years. If a person is convicted of two or more of the violations previously listed, or any combination of those offenses, arising from two or more separate incidents, the director is required to disqualify the person for life which under certain circumstances may be reduced to a minimum of ten years.

COMMERCIAL DRIVER OPERATING DURING PERIOD OF OUT OF SERVICE-Effective September 30, 2005 (Section 302.755)

This legislation provides that any person who is convicted of operating a commercial motor vehicle beginning at the time of issuance of the out-of-service order until its expiration is guilty of a Class A misdemeanor.

DISQUALIFICATION REQUIRED FOR A COMMERCIAL DRIVER DETERMINED BY SECRETARY TO BE IMMINENT HAZARD-Effective September 30, 2005 (Section 302.755)

The director is required to disqualify a driver upon receipt of notification that the secretary has determined the driver to be an imminent hazard pursuant to 49 CFR, Part 383.52. Imminent hazard is defined by 49 CFR 383.5 to mean the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment. Due process review of a disqualification determined by the secretary pursuant to this section shall be held in accordance with regulation promulgated by the secretary. The period of disqualification determined by the secretary pursuant to this section shall be served concurrently to any other period of disqualification that may be imposed by the director pursuant to this section. Both disqualifications shall appear on the driving record.

FREQUENTLY ASKED QUESTIONS AND ANSWERS

Question 1: When a driver is convicted of a serious traffic violation such as excessive speeding, may the court allow the driver to withdraw the plea to avoid a license disqualification and plea to an offense such as an equipment violation that will not result in an action against the driver license?

Answer 1: No. 49CFR 384.226 and 302.345, RSMo prohibit the court from deferring imposition of judgment, or allowing an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation of state or local traffic control law from appearing on the driving record.

Question 2: What is meant by leaving the scene of an accident for disqualification of commercial driving privileges pursuant to federal and state law?

Answer 2: As used in 40 CFR 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 3: May a state issue a "limited driving privilege" when a CDL holder loses his or her base driving privileges for operating a non-CMV as a result of a conviction for a non-disqualifying offense that occurred in a non-CMV?

Answer 3: Yes, but such limited driving privileges cannot include commercial driving privileges.

Question 4: Does a driver who is suspended for too many points because of multiple tickets for speeding less than fifteen miles per hour over the posted speed limit in a noncommercial vehicle lose all privileges to drive any motor vehicle, noncommercial or commercial?

Answer 4: Yes. When the base privilege is suspended because of too many points, the driver loses the ability to drive any motor vehicle during the period of the suspension. Once the base privilege suspension is reinstated, the driver can resume driving both noncommercial and commercial motor vehicles as long as no commercial disqualification was entered. The driver may obtain limited driving privileges to drive noncommercial vehicles during a period of base license suspension but cannot obtain commercial driving privileges.

Question 5: If a municipal court is not able to automate conviction reporting prior to September 30, 2005, to send all convictions for moving traffic violations to the director of revenue within seven days of conviction, may the court separate out the convictions involving commercial driver license holders or commercial motor vehicles and forward those to meet the seven day requirement?

Answer 5: Section 302.225, RSMo requires that all convictions for moving traffic violations be forwarded to the director within the seven-day period. However, the federal government sanctions and monitoring will focus on those convictions for moving violations that involve a commercial driver license holder or a commercial motor vehicle. If the court cannot forward all convictions within seven days, it is recommended that the court either not handle violations involving commercial license holders or commercial vehicles or, that at a minimum, they separate those out and at least forward those within the seven-day period.

Question 6: If a driver moves from a one state knowing a disqualification is going to occur once the court forwards a conviction and obtains a license in another state prior to the notice of the disqualification then, because of the change in license state, avoids getting disqualified immediately and while driving on the new license has an accident and kills two people, is this a case that would qualify for the federal imminent hazard disqualification pending state license disqualification proceedings?

Answer 6: Yes, this situation would fit within the federal definition of imminent hazard.