Author Archive: amitchell

CDL Disqualification Periods for Fraud Offenses

Each conviction = D30 – no less than 60 days; D31 – no less than 1 year

For each conviction – ACD Code of withdrawal is same as ACD Code of conviction;

Retention Period: 3 years from the conviction date or for as long as any resulting withdrawal is retained, whichever is longer.

383.73 (j) Penalties for false information. If a State determines, in its check of an applicant’s license status and record prior to issuing a CLP or CDL, or at any time after the CLP or CDL is issued, that the applicant has falsified information contained in subpart J of this part, in any of the certifications required in §383.71(b) or (g), or in any of the documents required to be submitted by §383.71(h), the State must at a minimum disqualify the person’s CLP or CDL or his/her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least 60 consecutive days.
D30 Misrepresentation of identity or other facts on application, including required self-certifications, for CLP or CDL

383.73(k)(1) The State must have policies in effect that result, at a minimum, in the disqualification of the CLP or CDL of a person who has been convicted of fraud related to the issuance of that CLP or CDL. The application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained CLP or CDL must also, at a minimum, be disqualified. The State must record any such withdrawal in the person’s driving record. The person may not reapply for a new CDL for at least 1 year.
D31 Fraud related to the issuance of a CLP or CDL

CDL Disqualification Periods for Violating Out-of-Service Orders

CDL Disqualification Periods

1st conviction = no less than 180 days or more than 1 yr
1st conviction w/hazmat or in vehicle designed to transport 16+ passenger = no less than 180 days or more than 2 yrs
2nd conviction w/in 10 yr = no less than 2 yrs or more than 5 yrs
2nd conviction w/hazmat or in vehicle designed to transport 16+ passenger = no less than 3 yrs or more than 5 yrs
3rd conviction w/in 10 yr (no distinction for hazmat or number of passengers) = no less than 3 yrs or more than 5 yrs

NOTEs: disqualification period must be in addition to any other previous period of disqualification (run consecutively)[49 CFR §383.51(a)(5)])

Only applicable when offense occurred in a CMV)

For 1st conviction – ACD Code of withdrawal is same as ACD Code of conviction;

Retention Period: 15 years from the conviction date or for as long as any resulting withdrawal is retained, whichever is longer.

383.51(e)(1) Violating a driver or vehicle out-of-service order while transporting nonhazardous Materials
B27 Violating a driver or vehicle out-of-service order (for violations not covered by B19)

383.51(e)(2) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5 or while operating a vehicle designed to transport 16 or more passengers, including the driver
B19 Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5 or operating a vehicle designed to transport 16 or more passengers, including the driver

CDL Disqualification Periods for Railroad-highway Grade Crossing Offenses

1st conviction = no less than 60 days
2nd conviction w/in 3 yrs = no less than 120 days
3rd conviction w/in 3 yrs = no less than 1 yr

NOTEs: disqualification period must be in addition to any other previous period of disqualification (run consecutively)[49 CFR §383.51(a)(5)]

Only applicable when offense occurred in a CMV

For 1st conviction – ACD Code of withdrawal is same as ACD Code of conviction;

Retention Period: 4 years from the conviction date or for as long as any resulting withdrawal is retained, whichever is longer.

383.51(d)(1) Not required to always stop, but fails to slow down and check that tracks are clear of an approaching train
M20 For drivers who are not required to always stop, failure to slow down at a railroad-highway grade crossing and check that tracks are clear of approaching train

383.51(d)(2) Not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear
M21 For all drivers who are not required to always stop, failure to slow down at a railroad-highway grade crossing when the tracks are not clear

383.51(d)(3) Always required to stop, but fails to stop before driving onto the crossing
M22 For drivers who are always required to stop, failure to stop as required before driving onto railroad-highway grade crossing

383.51(d)(4) Fails to have sufficient space to drive completely through the crossing without Stopping
M23 For all drivers, failing to have sufficient space to drive completely through the railroad-highway grade crossing without stopping

383.51(d)(5) Fails to obey a traffic control device or the directions of an enforcement official at the Crossing
M10 For all drivers, failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossing

383.51(d)(6) Fails to negotiate a crossing because of insufficient undercarriage clearance
M24 For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance

CDL Disqualification Periods for Serious Offenses

1st conviction = None
2nd conviction w/in 3 yrs = 60 days
3rd conviction w/in 3 yrs = 120 days

NOTEs: disqualification period must be in addition to any other previous period of disqualification (run consecutively)[49 CFR §383.51(a)(5)])

Applicable for CLP or CDL holder in any type of vehicle and non-CLP/CDL holders operating a CMV – except if the offense stipulates operation of a CMV only

Exception – For a CLP or CDL holder, offenses while operating a non-CMV must result in the revocation, cancellation or suspension of the CLP/CDL holder’s permit/license or non-CMV driving privileges in state statute)

Retention Period: 4 years from the conviction date or for as long as any resulting withdrawal is retained, whichever is longer.
383.51(c)(1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit
S15 Speeding 15 mph or more above regulated or posted speed limit
S16 16-20 > Regulated or posted speed limit
S21 21-25 > Regulated or posted speed limit
S26 26-30 > Regulated or posted speed limit
S31 31-35 > Regulated or posted speed limit
S36 36-40 > Regulated or posted speed limit
S41 41+ > Regulated or posted speed limit
S71 21-30 > Regulated or posted speed limit
S81 31-40 > Regulated or posted speed limit
S91 41+ > Regulated or posted speed limit
S92 Speeding (detail required to analyze speed)

383.51(c)(2) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property
M84 Reckless driving

383.51(c)(3) Making improper or erratic traffic lane changes
M42 Improper or erratic (unsafe) lane changes

383.51(c)(4) Following the vehicle ahead too closely
M34 Following too closely

383.51(c)(5) Violating state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident
U31 Violation resulting in fatal accident

383.51(c)(6) Driving a CMV without obtaining a CLP or CDL
B56 Driving a CMV without obtaining a CLP or CDL (MCSIA)

383.51(c)(7) Driving a CMV without a CLP or CDL in the driver’s possession
B57 Driving a CMV without a CLP or CDL in the driver’s possession (MCSIA)
B57 replaces the B51 effective August 1, 2011

383.51(c)(8) Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported

B91 Driving without the proper class and/or endorsement on commercial or non-commercial permit or license for the specific vehicle group being operated or for the passengers or type of cargo being transported (MCSIA)

NOTE: ‘Serious’ violation only the offense occurred while in a CMV.

383.51(c)(9) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV1

M85 Texting While Driving

Effective August 1, 2011 for convictions with a citation date on or after October 27, 2010 (depending on jurisdiction laws; compliance required by October 27, 2013)

NOTE: ‘Serious’ violation only the offense occurred while in a CMV.

383.51(c)(10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV1

M86 Violating Prohibitions on Using a Hand-held Mobile Telephone While Driving Effective August 1, 2011

NOTE: ‘Serious’ violation only the offense occurred while in a CMV and if the citation date is on or after January 3, 2012 (depending on jurisdiction laws; compliance required by January 3, 2015)

CDL Disqualification Periods for Major Offenses

Major Offenses which can result in CDL Disqualification
1st conviction =1 yr; if while operating a CMV transporting hazardous materials as defined in § 383.5 = 3 yrs
2nd conviction = life

Exception:  A50 = life for 1st conviction without possibility of reinstatement

NOTEs: disqualification period must be in addition to any other previous period of disqualification (run consecutively)[49 CFR §383.51(a)(5)]) Applicable for CLP or CDL holder in any type of vehicle and non-CLP/CDL holders operating a CMV – except if the offense stipulates operation of a CMV only)

For 1st conviction – ACD Code of withdrawal is same as ACD Code of conviction; see W40 and A50 in Withdrawal section for further details

Retention Period: 55 years from conviction date

383.51(b)(1) Operating motor vehicle under influence as prescribed by State Law
A08        Driving under the influence of alcohol with BAC at or over .08
A10        Driving under the influence of alcohol with BAC at or over .10
A11        Driving under the influence of alcohol with BAC at required) – where the BAC is ≥ 0.08
A20        Driving under the influence of alcohol or drugs
A21        Driving under the influence of alcohol
A23        Driving under the influence of alcohol and drugs
A90        Administrative per se for BAC at or over .10
A91        Administrative Per Se for BAC at _ _ (detail required) – where the BAC is ≥ 0.08
A98        Administrative per se for BAC at or over .08

383.51(b)(2) Operating motor vehicle being under the influence of controlled substance
A20        Driving under the influence of alcohol or drugs
A22        Driving under the influence of drugs
A23        Driving under the influence of alcohol and drugs

383.51(b)(3) Operating CMV while having an alcohol concentration of 0.04 or greater
A04        Driving under the influence of alcohol with BAC of at least .04 but not greater than .079
A11        Driving under the influence of alcohol with BAC at or over (detail required) – where the BAC is ≥ 0.04
A91        Administrative Per Se for BAC at _ _ (detail required) – where the BAC is ≥ 0.04
A94        Administrative per se for BAC of at least .04 but not greater than .079

383.51(b)(4) Refusing to take alcohol test as required by a State of jurisdiction under its Implied
consent laws or regulations as defined in 383.72
A12        Refusal to submit to test for alcohol – Implied Consent Law

383.51(b)(5) Leaving scene of an accident
B01        Hit and run-failure to stop and render aid after accident
B02        Hit and run-failure to stop and render aid after accident – Fatal accident
B03        Hit and run-failure to stop and render aid after accident-Personal injury accident
B04        Hit and run-failure to stop and render aid after accident-Property damage accident
B05        Leaving scene before police arrive
B06        Leaving scene before police arrive– Fatal accident
B07        Leaving scene before police arrive-Personal injury accident
B08        Leaving scene before police arrive– Property damage accident

383.51(b)(6) Using vehicle to commit felony (not a traffic offense)
U03        Using a motor vehicle in connection with a felony (not traffic offense)

383.51(b)(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the
driver’s CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV
B20        Driving while license withdrawn (MCSIA)
B21        Driving while license barred (MCSIA)
B22        Driving while license canceled (MCSIA)
B23        Driving while license denied (MCSIA)
B24        Driving while license disqualified(MCSIA)
B25        Driving while license revoked (MCSIA)
B26        Driving while license suspended (MCSIA)

383.51(b)(8) Causing a fatality through negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide
U07        Vehicular homicide
U08        Vehicular manslaughter
U09        Negligent homicide while operating a CMV(MCSIA)
U10        Causing a fatality through the negligent operation of a CMV (MCSIA)

383.51(b)(9) Using the vehicle in commission of a felony involving manufacturing, distributing, or dispensing a controlled substance
A50        Motor vehicle used in commission of a felony involving manufacturing, distributing, or dispensing a controlled substance

StarPoint Launches CDLIS Reports

Sample_CDLISMandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, StarPoint Driver Screening’s CDLIS report supports the issuance of commercial driver licenses (CDLs) by the jurisdictions, and assists jurisdictions in meeting the goals of the basic tenet “that each driver, nationwide, have only one driver license and one record” through the cooperative exchange of commercial driver information between jurisdictions.

“This report will help employers get a much more comprehensive overview of their drivers,” said Kelly Gontarski, president of The L.I.G. Group which owns StarPoint Driver Screening. “The employer will be able to verify that the driver they are putting on the road does not have a past violation from a state they were previously licensed in which would disqualify them as a safe employee.”

StarPoint Driver Screening’s CDLIS report allows employers to check the “Commercial Driver’s License Information System” for prior licenses, to verify their current CDL and review up to three prior licenses held by the driver. The CDLIS allows employers to be compliant with FMCSA requirements (§ 391.21-391.27).

The CDLIS report will provide StarPoint’s users with the driver’s present jurisdictional state, driver’s license number, name, date of birth, social security number validation, up to 3 CDL numbers previously held and any alias information available.

StarPoint Driver Screening’s launch of the CDLIS report rounds out their complete screening menu for Employers and Motor Carriers, which includes Motor Vehicle Driving Records (MVR), Pre-Employment Screening Program (PSP) U.S. DOT Records, and criminal background searches.

Employers and Motor Carriers need only to sign up online with StarPoint Driver Screening www.starpointdriverscreening.com in order to be granted access to order CDLIS reports, MVR Driver Record reports and other background screening reports.

What’s the difference between a MVR, PSP and CDLIS Record?

Driver-3-ReportsMany motor carriers and business owners which employ drivers need to screen their employees for insurance of employment purposes. Here at StarPoint we offer a few different driving records including MVRs (Motor Vehicle Records), PSP (Pre-employment Screening Program), and in March of 2015 we will be offering CDLIS (Commercial Driver’s License Information System) reports.

With so many reports you may not be sure which one you need or if you need all 3.

Our MVR (Motor Vehicle Record) is our most popular report and it allows you to search DMV records online to identify driver’s license class (CDL) and driving violations instantly. Almost all employers need this report for CDL and non-CDL drivers to make sure they can insure their drivers and to know that they are placing safe, licensed drivers in their company vehicles.

The FMCSA PSP (Pre-Employment Screening Program) is a screening tool that allows motor carriers and individual drivers to purchase driving records from the Federal Motor Carrier Safety Administration’s (FMCSA) Motor Carrier Management Information System (MCMIS). Each PSP report contains the most recent 5 years of crash data and the most recent 3 years of roadside inspection data on CDL drivers, including serious safety violations, from the FMCSA MCMIS system for an individual driver. Only commercial drivers who have had crashes and/or road side inspections are in the MCMIS system. Some insurance providers require a PSP record but not all.

StarPoint Driver Screening’s CDLIS report allows employers to check the “Commercial Driver’s License Information System” for prior licenses, to verify their current CDL and review up to three prior licenses held by the driver. The CDLIS allows employers to be compliant with FMCSA requirements (§ 391.21-391.27). If you order a CDLIS report on a driver and find that he or she has had additional driver’s licenses in other states, you will then have the option to order another Motor Vehicle Records on that driver.

What are the state specific requirements for CDL Medical Certification?

cdlmedicalcertificateCommercial Drivers License (CDL) holders are held to strict standards by both the Federal government and the state that issues their CDL.

If you’re not sure which guidelines for medical certification you are responsible to follow, know that drivers are subject to the physical qualifications of their state of license. The 50 states have based their regulations on many of the Federals requirements. It’s important to check you state requirements as many states grant waivers for various medical conditions.

Click here for state by state requirements for CDL Medical Certification

StarPoint Driver Screening to Offer CDLIS Reports

The CDLIS report will provide StarPoint’s users with the driver’s present jurisdictional state, driver’s license number, name, date of birth, social security number validation, up to 3 CDL numbers previously held and any alias information available.

The Commercial Motor Vehicle Safety Act (CMVSA) of 1986 mandates that each driver, nationwide, have only one driver’s license and one driver record facilitated by the cooperation of information exchange between states and jurisdictions.

The CDLIS report which will be released in March of 2015 is part of the complete screening menu that StarPoint provides employers and motor carriers which includes Motor Vehicle Driving Records (MVR), Pre-Employment Screening Program (PSP) U.S. DOT Records, and criminal background searches.

Employers and Motor Carriers need only to sign up online with StarPoint Driver Screening www.starpointdriverscreening.com in order to be granted access to order CDLIS reports, MVR Driver Record reports and other background screening reports.