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New Law Means Truckers No Longer Required to Report Out-of-State Traffic Offenses

Beginning May 28, 2013, interstate commercial truck and bus drivers will no longer have to report out-of-state traffic convictions to their home-state licensing agency. The United States Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently announced that the reporting regulation will no longer be required since it has become redundant because of technological advances.

The original regulation was enacted in 1986 and required all commercial drivers’ license (CDL) holders to report out-of-state traffic convictions to their home-state licensing agency. The intent of the law was to ensure that a complete driving record was kept on all CDL drivers.

In 1994, a new law was passed that made it mandatory for all states to electronically share all traffic convictions. However, CDL drivers were still required to report any traffic convictions they received. Many in the industry considered this redundant reporting.

The new FMCSA regulations states:

“FMCSA amends its commercial driver’s license (CDL) rules to eliminate the requirement for drivers to notify the State licensing agency that issued their commercial learner’s permit (CLP) or CDL of out-of-State traffic convictions when those convictions occur in States that have a certified CDL program in substantial compliance with FMCSA’s rules. Current regulations require both CDL holders and States with certified CDL programs to report a CDL holder’s out-of-State traffic conviction to the driver’s State of licensure. This final rule amends the CDL rules to eliminate this reporting redundancy for those cases in which the conviction occurs in a State that has a certified CDL program in substantial compliance with FMCSA’s regulations. This change will reduce a regulatory burden on individual CLP and CDL holders and State driver licensing agencies. This rule is responsive to Executive Order (E.O.) 13563 “Improving Regulation and Regulatory Review,” issued January 18, 2011.”

Critics of the new regulation say that it relies too heavily that the proper reporting information will be entered in a timely manner by state agencies, many of which are already affected by state budget cuts and understaffing.

If you or a loved one have been seriously hurt in an accident involving a commercial truck, our Virginia personal injury law firm has put together an in-depth guide that can help answer questions and concerns you may have.  Our firm has successfully represented many clients who were injured in crashes caused by trucks, including a $600,000 settlement for a victim who was critically injured when her vehicle was hit head-on by an 18-wheeler.

A list of FAQ’s about crashes caused can also be found here.  

 

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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