The Federal Motor Carrier Safety Administration is again proposing tougher licensing rules for commercial drivers that includes expanding the list of serious offenses that can cause a trucker to lose his/her commercial driver's license.

The proposed changes to the Commercial Drivers License program is the latest attempt by Congress to crack down on violators and to tighten up state licensing procedures. The proposal, published in the July 27 Federal Register, would add to the recent proposal requiring that drivers lose their CDL for serious offenses received while driving a personal vehicle or other noncommercial vehicle.

The new proposal would require the Secretary of Transportation to impose an emergency disqualification on drivers found to create an "imminent hazard." Two new disqualifying offenses would be added for drivers caught driving after their CDL has been suspended or disqualified, and for drivers found to have caused a fatality through the negligent or criminal operation of a commercial motor vehicle. Three new offenses would be added to the list of "serious traffic violations" including: driving a CMV without a CDL; driving a CMV without a CDL in his or her possession; and driving a CMV without having met the minimum testing standards for the specific class of CMV being operated or for the type of cargo being transported on the vehicle.

State procedures that have created loopholes for drivers also are addressed. The safety agency would gain authority under the proposal to prohibit states form issuing "hardship" licenses for suspended CDL holders that would otherwise lose their ability to earn a living. States would also be prohibited from "masking" conviction information for CDL violations and from using diversion programs that hide the listing of guilty verdicts.

Prior to issuing or renewing a CDL, a state must obtain the driver's record from any other state that has issued him a CDL. States also would be required to maintain records of a driver's convictions in all vehicles for at least three years.

Under the proposal, any state program found to be in "substantial noncompliance" with federal standards could lose its certification to issue CDL's and a portion of its federal funding could be withheld.

FMCSA wants industry comments on the proposal by Oct. 25, 2001. Written comments should be submitted to Docket Management Facility, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW, Washington, DC 20590-0001. Fax comments to (202) 493-2251 or on the Internet at http://dmses.dot.gov/submit. Docket number FMCSA-01-9709 must be included with all comments.
--by Keith Goble