CDL Basics. Terms to Remember. CMV-Commercial Motor Vehicle CDL-Commercial Driver’s License GVWR-Gross Vehicle Weight Rating (assigned by manufacturer-not the actual weight) GCWR-Gross Combination Weight Rating (assigned by manufacturer-not the actual weight)
Commercial Motor Vehicle Definition(49 C.F.R. § 382.107)_______________________________________________________________________________________________________________________________
Single/combination vehicle used in commerce to transport people or property if
Any combination of vehicles with a GCWR of 26,001 pounds or more provided the GVWR of the vehicle being towed is more than 10,000 pounds.
Any single vehicle with a GVWR of 26,001 or more or any such vehicle towing a vehicle not in excess of 10,000 pounds.
Any single vehicle or combination o f vehicles not meeting the definition of Group A or Group B that is designed to transport 16 or more passengers (including the driver) OR is used in the purposes of the Hazardous Materials Transportation Act and which requires the vehicle to be placarded under the Hazardous Materials Regulations (49 C.F.R. Part 172).
(49 C.F.R. § 384.226)
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in the State where the driver is licensed in another State
Conviction Pursuant to 49 C.F.R §383.5____________________________________________________________________________________________________________________________________________
Any unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an unauthorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendre accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
Drug trafficking violation will disqualify for LIFE
Definition of conviction is different under federal regulations
A conviction NOT reported to the proper licensing authority is the SAME as no conviction at allNon-traffic crimes may also impact CDL status
Thanks to Michigan’s Traffic Safety Resource Prosecutor Ken Stecker for allowing the use of his work product, providing material for this presentation and assisting with the preparation of these slides.
Small amounts of marijuana and other drugs are decriminalized in 2009
Personal use only, no sales
Medical condition not required
No permission necessary
Controlled Substance Act (CSA) of 1970 made drug (marijuana) use unlawful
FDA says marijuana has “no currently accepted medical use” (Schedule I)
The non-medical or large scale manufacture, distribution, or possession of marijuana is a criminal offense
“Marijuana is properly categorized under Schedule I of the Controlled Substances Act (CSA), 21 U.S.C. Sec. 801. The clear weight of currently available evidence supports this classification, including evidence that smoked marijuana has a high potential for abuse, has no accepted medicinal value in treatment in the United States, and evidence that there is a general lack of accepted safety for its use under medical supervision”
If a driver tests positive on an employer- administered test for a controlled substance:
TDOT Office of Drug and Alcohol Policy Compliance