Environment, Energy and Transportation Program

Annual Report on State Commercial Vehicle Legislation for 2002

December 2002

OVERVIEW
NEW FEDERAL COMMERCIAL VEHICLE LAWS
MCSIA PROVISIONS TRACKED IN DATABASE
U.S.A. PATRIOT ACT PROVISIONS
OTHER COMMERCIAL DRIVER ISSUES IN DATABASE
APPENDIX A - 2002 STATE CMV LEGISLATION
APPENDIX B - RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS FOR CMVS
APPENDIX C - INTERSTATE SPEED LIMITS
APPENDIX D - LEFT LANE RESTRICTIONS
APPENDIX E - STATE HOURS OF SERVICE LAWS

OVERVIEW

The last three years have brought significant changes in commercial motor vehicle (CMV) laws at both the federal and state level. At the federal level, the Motor Carrier Safety Improvement Act of 1999 (MCSIA) and the U.S.A. Patriot Act of 2001 placed new requirements on states for issuing commercial drivers licenses (CDLs). These include new standards for maintaining and checking records of violations by commercial drivers, enhanced penalties for traffic violations by commercial drivers, and enhanced requirements for endorsements to transport hazardous materials by commercial vehicles. At the state level, lawmakers adopted a variety of measures to comply with federal law and passed other measures intended to improve commercial vehicle safety.

Under a cooperative agreement with the Federal Motor Carrier Safety Administration (FMCSA), the National Conference of State Legislatures (NCSL) monitors developments in state commercial vehicle legislation. NCSL's Commercial Vehicle Database tracks state efforts to implement MCSIA and the commercial driver aspects of the U.S.A. Patriot Act of 2001. The database also includes information about legislation related to CDLs, alcohol and drug use by commercial drivers, safety inspections for CMVs, speed limits for trucks, and other commercial vehicle issues. The database includes bill numbers, bill summaries, sponsor names, bill status information, and a link to the full text of the legislation when available. Additionally, the database provides information about current state laws. NCSL staff update the database weekly, and information contained in the database is public and available for viewing by all interested parties.

This annual report outlines the new federal requirements for state CMV programs and summarizes the legislative activity tracked in the Commercial Vehicle Database from January 2002 to December 2002. Appendix A to this report summarizes all commercial vehicle related bills introduced in 2002. Other appendices summarize existing laws for several commercial vehicle issues.

NEW FEDERAL COMMERCIAL VEHICLE LAWS

Motor Carrier Safety Improvement Act of 1999 (MCSIA)

Public Law 106-159
Established FMCSA
Regulations released July 31, 2002
States that fail to comply with regulations risk losing federal Motor Carrier Safety Assistance Program (MCSAP) funds
Adds to existing sanctions which require FMCSA to withhold 5 percent of federal-aid highway funds for first year of non-compliance and 10 percent for subsequent years of non-compliance.

U.S.A. Patriot Act

2001 HR 3162 §1012
Public Law 107-56
49 U.S.C. §5103
Limits the issuance of hazmat endorsements

MCSIA PROVISIONS TRACKED IN DATABASE

Nineteen states introduced 24 bills related to MCSIA compliance for the following topic areas in the 2002 legislative session:

Disqualification Offenses

MCSIA added new provisions for the disqualification of commercial drivers license holders. Under 49 CFR §383.51, two new major violations are: (1) driving a CMV while the driver's CDL is revoked, suspended, canceled, or while driver is disqualified; and (2) causing a fatality through negligent or criminal operation of a CMV. MCSIA requires states to disqualify drivers who commit these violations.

MCSIA also added three new serious traffic violations: (1) driving a CMV without obtaining a CDL; (2) driving a CMV without a CDL in possession, and (3) driving without a required endorsement. States must disqualify commercial drivers that are convicted of serious violations two or more times during a three year period.

MCSIA and its subsequent regulations also contained provisions regarding disqualifications for offenses committed by commercial drivers in non-commercial vehicles. States must disqualify drivers convicted of non-CMV traffic offenses that result in the license being canceled, suspended or revoked. States also must disqualify drivers for drug and alcohol offenses committed while driving a non-CMV.

Five states-Alaska, Georgia, Illinois, Michigan and Washington-introduced legislation in 2002 related to disqualification offenses. Georgia Senate Bill 488, signed into law in May 2002, adds speeding 15 miles per hour above the posted speed limit, reckless driving, following the vehicle too closely, improper or erratic lane changes, violations connected to fatal accident and rail crossing violations as serious traffic offenses.

Illinois also added to its list of serious traffic offenses. House Bill 4953, approved in August 2002, requires disqualification for driving under the influence of intoxicating compounds and rail crossing violations by commercial drivers.

Michigan sent a bill to the Governor that also would increase the number of serious violations for commercial drivers. Senate Bill 1232 provides for compliance with federal CDL regulations on serious traffic violations and railroad grade crossing violations. Legislation on disqualification offenses failed in Alaska and Washington.

Railroad-Highway Grade Crossings

49 CFR §384.223 requires states to have and enforce laws or regulations applicable to CMV drivers and their employers for disqualifications for railroad-highway grade crossing violations. 49 CFR §383.51(d) provides for six disqualification offenses at railroad-highway grade crossings. These include:

failing to slow down and check that tracks are clear of an approaching train,
failing to stop before reaching a crossing if the tracks are not clear,
failing to stop before driving onto a crossing,
failing to have sufficient space to drive completely through the crossing without stopping,
failing to obey a traffic control device or the directions of an enforcement official at the crossing, and
failing to negotiate a crossing because of insufficient undercarriage clearance.

In the 2002 session, railroad-highway grade crossing legislation was the most common MCSIA compliance proposal. Legislators in fourteen states-Delaware, Georgia, Hawaii, Idaho, Illinois, Louisiana, Michigan, Nebraska, Oklahoma, South Dakota, Virginia, Washington, West Virginia and Wisconsin-introduced 17 bills related to commercial vehicles at railroad-highway grade crossings. Laws passed in thirteen states, with only Wisconsin failing to pass its railroad highway grade crossing proposal.

Most of the states that passed railroad highway grade legislation included the specific language from MCSIA and the Code of Federal Regulations. For example, Delaware House Bill 463 list the six violations from 49 CFR §383.51(d) as new commercial vehicle offenses. Several states, however, used broader language to codify the new federal requirements. South Dakota House Bill 1026 and Virginia House Bill 934 broadly require disqualification for the violation of any law, state or federal, at highway rail crossings.

Out-Of-Service Orders

Federal regulations promulgated after MCSIA provide new responsibilities for states with regard to the violation of out-of-service orders by commercial drivers. 49 CFR §384.222 requires states to have and enforce laws or regulations applicable to CMV drivers and their employers for disqualifications for violating out-of-service orders that meet the minimum requirements in 49 CFR §§383.37(c) and 383.51. 49 CFR §383.37(b) prohibits employers from allowing commercial drivers to operate a CMV during any period in which the driver, or the commercial vehicle he or she is driving, or the motor carrier operation, is subject to an out-of-service violation. 49 CFR §383.51 contains a list of periods for which a driver must be disqualified when the driver violates an out-of-service order for transporting either hazardous or non-hazardous materials.

In 2002, only Hawaii passed a law to conform to the new federal out-of-service provisions. House Bill 2582, signed as Act Number 70 in May 2002, modified state commercial driver's license laws to include the out-of-service provisions. Alaska also considered out-of-service legislation to conform to federal requirements. However, House Bill 510 died in committee.

Masking Convictions

MCSIA Section 202(g) prohibits states from masking convictions on the driving record of commercial drivers license holders. 49 CFR §384.226 provides that states must not mask, defer judgment or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation of traffic control, in any vehicle, from appearing on the record.

In 2002, only two states-Virginia and Washington-considered legislation regarding masking of convictions for traffic infractions committed in a CMV or by a CDL holder. Washington Senate Bill 6352 would have prohibited courts from deferring findings for traffic infractions that occur in a commercial motor vehicle. However, the bill died at the end of session and will not carryover to 2003. Virginia passed into law House Bill 934 in April 2002. The measure prohibits courts from dismissing or deferring judgment for an offense committed in a commercial vehicle.

School Bus Endorsement

MCSIA section 214 required FMCSA to establish a new endorsement for CDL holders to obtain to operate a school bus. 49 CFR §383.123 established the specific requirements for a school bus endorsement on a commercial driver's license, including passing knowledge and skills tests, verification or certification that the driver holds a valid CDL and has not been revoked or convicted for certain offenses.

Three states-Maryland, New York and Pennsylvania-considered school bus endorsement proposals. Maryland House Bill 322-enacted in April 2002-requires school bus drivers to obtain an endorsement from the state. However, the statute does not specify the requirements for obtaining an endorsement. Similarly New York Assembly Bill 7170 requires special endorsements on commercial driver's licenses for school bus drivers, but does not stipulate specific requirements. The measure is still pending in the Assembly Transportation Committee.

Pennsylvania Senate Bill 1573 provides further standards for school bus endorsements and enhances restrictions on alcohol use by school bus drivers. The bill was introduced at the end of October 2002 and was still in the Senate Transportation Committee at the time of publication of this report.

Driving Under The Influence

MCSIA enhanced penalties for drug and alcohol offenses and lowered the blood alcohol level that constitutes an offense for commercial drivers. Under 49 CFR §384.203, states must now disqualify drivers who are convicted of driving a commercial vehicle with a BAC level of .04 or greater.

In 2002, two states considered measures related to commercial drivers operating their vehicles under the influence of alcohol to conform with federal regulations. In August, Illinois passed House Bill 4953, which added driving under the influence of intoxicating compounds to the list of offenses for which a commercial driver can lose driving privileges.

Alaska legislators failed to pass a measure that was intended to help the state conform with federal law. House Bill 510 would have helped Alaska conform with federal restriction regarding a CMV while intoxicated. However, the bill died in committee.

Non-CMV Convictions

MCSIA and its subsequent regulations require states to impose penalties on CDL holders who commit certain violations while driving noncommercial vehicles. Under 49 CFR §383.51, states must disqualify drivers convicted of non-CMV traffic offenses that result in the license being canceled, suspended or revoked. States must also prohibit CDL holders from operating a CMV if disqualified for a non-CMV offense under 49 CFR §384.222. In 2002, no state had considered legislation to comply with this provision.

Record of Violations

MCSIA and its subsequent regulations in 49 CFR §384.225 enhance state requirements for keeping driver history records for CDL holders. As of December 2002, no state had considered legislation to comply with these provisions.

U.S.A. PATRIOT ACT PROVISIONS

The U.S.A. Patriot Act, passed by Congress in response to the events of September 11, 2001, included provisions related to the transport of hazardous materials by commercial vehicle. Under section the act, state cannot issue CDL endorsements to transport hazardous materials until notified that the individual is not a security risk. States must also thoroughly check the background of individuals that apply for such endorsements. FMCSA has not yet released regulations to implement these provisions.

Although not directly linked to the U.S.A. Patriot Act, legislators in eight states-California, Kentucky, Maryland, Michigan, Pennsylvania, South Carolina, South Dakota and Washington-introduced measures in 2002 regarding the transport of hazardous materials. All eight states considered proposals regarding criminal background checks for a hazardous materials endorsement on the CDL. Legislation passed in California (AB 2112), Michigan (SB 943) and South Dakota (HB 1025). Hazardous materials endorsement bills failed in Kentucky, Maryland, South Carolina and Washington. Two Pennsylvania measures, House Bill 2204 and House Bill 2165, were still pending in committees at the end of September.

OTHER COMMERCIAL DRIVER ISSUES IN DATABASE

During the 2002 session, NCSL tracked legislation for a variety of commercial motor vehicle and commercial drivers license topics that were not directly related to federal regulations promulgated in response to MCSIA. Legislators in 23 states introduced 62 bills regarding issues such as alcohol and drug use by commercial drivers, hazardous materials transportation, commercial drivers licensing, safety inspections, speed limits and truck lanes.

Alcohol/Drug Use By Commercial Drivers

Legislators in seven states-Alaska, California, Connecticut, New York, Pennsylvania, Virginia and Washington-considered legislation related to alcohol and drug use by commercial drivers. Several states considered alcohol and drug legislation for commercial drivers that was associated with federal requirements. None of these states successfully passed restrictions. Alaska House Bill 510, for example, was intended to help Alaska conform to federal regulations regarding the operation of a CMV while intoxicated. The bill passed the House with a 38-2 vote, but died in the Senate Transportation Committee.

California Senate Bill 1171 would have required the suspension of a commercial motor carrier if the motor carrier allowed a driver to continue operating a motor vehicle after being notified that the driver had tested positive for controlled substances or alcohol use or refused a test in violation of federal regulations. The bill sponsor withdrew support for the measure, which was returned to the Secretary of the Senate pursuant to the rules of the legislature.

Legislators in several states considered proposals to implement unique alcohol and drug testing requirements for commercial drivers. Connecticut Senate Bill 55 would have required a urinalysis test for drugs prior to issuing a driver's license or commercial driver's license. The bill died in committee.

New York legislators are considering a proposal to increase the revocation period from 1 year to 18 months for persons who refuse to take a chemical test while operating a commercial motor vehicle. In March, the proposal, Senate Bill 869, was placed in the Assembly Transportation Committee where it is still pending.

Washington passed legislation to enhance the requirements for the reporting of positive drug or alcohol tests by medical professionals. Senate Bill 6461, signed by the Governor in March, requires medical review officers and breath alcohol technicians under contract with a motor carrier or employers to report positive drug or alcohol tests of CDL holders for a BAC of .04 or above to the licensing agency within 3 days. After receiving information about a positive test, the department of licensing is required to disqualify the driver from operating a CMV subject to a hearing.

Virginia also passed a measure that enhances penalties for alcohol offense committed by commercial drivers. House Bill 934, chaptered in April, 2002 disqualifies CDL holders for alcohol offenses that occurred outside Virginia.

Commercial Driver's License

Legislators in 10 states-Idaho, Indiana, Kentucky, New York, Pennsylvania, Rhode Island, South Dakota, Tennessee, Virginia and Washington-proposed measures related to the commercial driver's license. Several states considered legislation regarding the information contained on the CDL or on CDL applications. Rhode Island House Bill 7588, signed by the Governor in June, eliminated the requirement for CDL applicants to report their social security number on the CDL application. Virginia Senate Bill 62 would have required applicants to submit thumbprints or other biometric identifiers. However, the bill failed in the House Transportation Committee.

Several states considered CDL legislation that included residency or language skill requirements. Virginia legislators passed two measures, House Bill 638 and House Bill 669 that call for all CDL applicants to be residents of Virginia and to comply with selective service laws. Washington considered two measures, House Bill 2679 and Senate Bill 6463 that would have required CDL applicants to demonstrate working knowledge of English. Both bills failed in committee when the session ended in March.

Several states considered legislation regarding background checks for CDL applicants. Kentucky enacted House Bill 189 which requires new applicants to undergo a state and national criminal background check.

Similarly, House Bill 2284 in Tennessee would have required the Department of Safety to conduct a criminal background check on all CDL applicants. Those people interested in a CDL would be required to submit all information necessary to verify whether the applicant has been convicted of a felony in Tennessee including fingerprints. Applicants who have been convicted of a felony involving a controlled substance would be prohibited from receiving a CDL under the provision. However, the bill failed at the end of session in June.

Safety Inspections

Only one state, South Dakota, considered legislation regarding safety inspections for commercial motor vehicles. House Bill 1023, signed by the Governor in February, more clearly defined the authority for motor carrier safety inspectors, limiting their enforcement activities to motor carrier violations.

Speed Limits

Six states considered measures to set special speed limits for commercial vehicles in 2002. Idaho, Missouri and North Carolina considered measures to set the speed limit for commercial vehicles at 65 miles per hour. Kentucky, Rhode Island and South Carolina considered measures to reduce the speed limit for trucks and other commercial vehicle on interstate highways to 55 miles per hour. All of these measures died.

Truck Lanes and Road Rules

States continue to consider legislation to govern truck activity on the road. Alabama, Kentucky, Missouri, South Carolina and Tennessee all rejected proposals to limit truck travel to the right lanes of certain highways in their states. A bill to require covers on spillable loads in Mississippi also died in committee.

Other

Legislators considered several other significant measures regarding commercial motor vehicles. In April, Arizona passed House Bill 2148, which requires motor carriers involved in interstate or foreign commerce to register pursuant to 49 U.S. Code Sections 13901 and 13902. Vehicles that are not properly registered may be placed under and out-of-service order by law enforcement officers.

Colorado legislators passed legislation that enhances civil penalties for intrastate carrier violations of federal motor carrier regulations in 49 CFR part 386, subpart G. However Senate Bill 11, signed by the Governor in April, does not subject intrastate carriers to federal penalty provisions.

Kentucky House Bill 190, signed in April, enhances requirements for persons operating CDL driver training schools. Other commercial motor vehicle measures are still pending in Illinois and New York.

APPENDIX A - 2002 STATE CMV LEGISLATION

State	Cite	Sponsor	Description		Status
Alaska	HB 510	Transportation Committee	Intended to help Alaska avoid losing federal highway dollars by conforming with federal commercial vehicle regulations concerning out-of-service orders, operating a CMV while intoxicated, leaving the scene of an accident and serious traffic violations.		Failed
Alabama	SB 365	Sen. Charles Steele (D)	Requires trucks to remain in the right lane or lanes on highways.		Failed
Alabama	HB 633	Rep. Gerald Allen (D)	Requires trucks to travel in the middle or right lane on certain highways.		Failed
Arizona	HB 2148	Rep. Dean Cooley (R) et. al	Requires motor carriers involved in interstate or foreign commerce to register pursuant to 49 United States Code Sections 13901 and 13902. Law enforcement officers may place a vehicle under an out-of-service order if the vehicle is not so registered.		Passed
California	SB 1171	Sen. Jack Scott (D)	Requires suspension if a motor carrier allows a driver to continue driving a commercial motor vehicle after being notified that a driver has tested positive for controlled substances or alcohol use or refused to test in violation of federal regulations.		Failed
California	AB 2112	Assm. Dave Cogdill (R)	Requires proper endorsement to transport hazardous materials through the state in a commercial motor vehicle.		Passed
California	AB 1280	Assm. Sarah Reyes (D)	Expands the definition of a "serious traffic felony" to include driving a CMV without a commercial driver's license, driving a CMV without the driving having a CDL in possession, and driving a CMV when the driver has not met the minimum testing standards.		Passed
Colorado	SB 11	Sen. Ron Teck (R) and Rep. Mark Larson (R)	Subjects intrastate motor carriers to civil penalties for violation of federal motor carrier safety regulations in 49 CFR part 386, subpart G. However, intrastate carriers are not subject to the federal penalty provisions.		Passed
Connecticut	SB 55	Judiciary Committee	Requires a urinalysis test for drugs prior to issuing a driver's license or commercial driver's license.		Failed
Connecticut	SB 472	Transportation Committee	Allows the Commissioner of Motor Vehicles to assess fines up to $10,000 against intrastate truck operators who commit repeated violations of the Federal Motor Carrier Safety Regulations.		Failed
Delaware	HB 463	Rep. J. Benjamin Ewing (R)	Requires disqualification for drivers of commercial motor vehicles who commit railroad grade crossing violations.		Passed
Georgia	SB 488	Sen. Michael Meyer von Bremen (D)	Redefines "serious traffic violations" committed in a commercial motor vehicle to include speeding 15 miles per hour above the posted speed limit, reckless driving, following the vehicle too closely, improper or erratic lane change which presents risk to another vehicle, a violation arising in connection with a fatal accident and railroad grade crossing violations.		Passed
Hawaii	HB 2582	Rep. Calvin Say (D)(Speaker)	Modifies state commercial driver's license laws to conform with federal requirements for out-of service orders and highway-rail grade crossings. Companion bill is SB 2840.		Passed
Hawaii	SB 2840	Sen. Robert Bunda (D) (Pres.)	Modifies state commercial driver's license laws to conform with federal requirements for out-of service orders and highway-rail grade crossings. Companion bill is HB 2582.		Failed
Idaho	SB 1439	Sen. Evan Frasure (R)	Removes confusion regarding which vehicles can travel at 65 mph. Speed limit for all 5-axle vehicles is 65 mph.		Pending
Idaho	SB 1277	Sen. Cecil Ingram (R)	Amends existing law to provide for disqualification of a commercial motor vehicle operator convicted of violating federal regulation or state law on railroad grade crossings; and to provide for the imposition of a fixed penalty upon an employer who is convicted of knowingly allowing, permitting, requiring or authorizing an employee operating a commercial motor vehicle to violate federal regulation or state law on railroad grade crossings.		Passed
Idaho	SB 1437	Senate Transportation Committee	Adds to existing law to make it unlawful to instruct, educate or train any person in the operation of commercial motor vehicles without first establishing that such person is a citizen or lawful resident of the United States of America.		Failed
Illinois	SB 826	Sen. Dick Klemm (R)	Provides that a commercial motor vehicle driver commits a "railroad-highway grade crossing violation" when he or she violates specified provisions of the Illinois Vehicle Code or the Illinois Administrative Code or similar provisions.		Pending
Illinois	HB 4448	Rep. Richard Myers (R)	Provides that the Illinois Department of Transportation may prohibit motor carriers from operating commercial motor vehicles rated unsatisfactory by the Federal Motor Carrier Safety Administration.		Pending
Illinois	HB 4953	Rep. Charles Jefferson (D)	Adds driving under the influence of intoxicating compounds to the list of offenses for which a commercial motor vehicle driver can lose driving privileges. Provides for the disqualification of commercial motor vehicle drivers who commit railroad crossing violations.		Pending
Indiana	HB 1207	Rep. Robert Bischoff (D)	Specifies that certain drivers must meet fitness requirements adopted by the bureau of motor vehicles for holding a commercial driver's license.		Failed
Kentucky	HB 500	Rep. Roger Thomas (D)	Sets a speed limit of 55 for commercial vehicles on interstate highways and 4 lane highways.		Failed
Kentucky	SB 365	Sen. Charles Steele (D)	Requires truck trailers, semi-trailers and trailers to remain in the right lanes on portions of interstate highways.		Pending
Kentucky	HB 189	Rep. John Weaver (D)	Requires all new applicants and persons initially renewing a commercial driver's license to undergo a state and national criminal background check. Allows a non-resident to be issued a CDL instruction permit and CDL if the person is enrolled in a truck driving program. Requires that non-residents be issued a provisional Class D license for the purpose of including a CDL instruction permit into a single license.		Passed
Kentucky	HB 257	Rep. Tom Riner (D) et. al.	Requires applicants to submit photograph and fingerprints for hazardous materials endorsement on commercial drivers license. Requires the Department of Vehicle Regulation to conduct criminal record checks on applicants and deny endorsement for anyone with a criminal history or who is not a legal resident of the United States.		Failed
Kentucky	HB 190	Rep. Mike Weaver (D)	Enhanced requirements for persons operating CDL driver training schools.		Passed
Louisiana	HB 84A	Rep. John Diez (D)	Relates to railroad grade crossing violations committed in commercial vehicles. Provides for civil penalties against employers who authorize drivers to violate railroad grade regulations.		Passed
Maryland	HB 1191	Del. John Gianneti, Jr. (D)	Requires criminal background check for hazardous materials endorsement on commercial drivers license.		Failed
Maryland	HB 428	Chair of Judiciary Committee	Prohibits the driver of a CMV from causing the death or injury of another person through driving that is likely to cause death or injury.		Failed
Maryland	HB 322	Del. James Malone (D) and Del. Brian Moe (D)	Requires school bus drivers to obtain special CDL endorsements.		Passed
Michigan	SB 943	Sen. Kennethe Sikkema	Requires transportation carriers to transport hazardous materials only in vehicles with drivers that have hazardous materials endorsements on the commercial driver's license.		Passed
Michigan	SB 1232	Sen. John Schawrz (R)	Provides for compliance with federal CDL regulations including hazmat endorsements, serious traffic violations and railroad grade crossing violations.		Pending
Missouri	SB 774	Sen. Wayne Goode (D)	Establishes a 65 mile per hour speed limit for trucks over 24,000 pounds. The current speed limit is 70 miles per hour.		Failed
Missouri	HB 2074	Rep. Jane Cunningham (R)	Regulates lane usage for certain commercial vehicles.		Failed
Missouri	SB 946	Sen. Ken Jacob (D)	Sets speed limit at 65 mile per hour for trucks over 24,000 pounds.		Failed
Mississippi	HB 1375	Rep. Rufus (Pete) Straughter (D)	Requires covers for trucks carrying spillable loads.		Failed
North Carolina	SB 273	Sen. David Hoyle (D)	Establishes a maximum speed limit of 65 mph for commercial vehicles on highways with a 75 mph speed limit for other vehicles.		Failed
Nebraska	LB 999	Transportation and Telecommunications Comm.	Prohibits employers from knowingly allowing, permitting or authorizing employees to operate a CMV in violation of federal law relating to highway-rail grade crossings. Disqualifies CMV drivers who violate one of six highway-rail grade crossing offenses.		Failed
Nebraska	LB 499	Sen. Philip Erdman	Prohibits employers from knowingly allowing, permitting or authorizing employees to operate a CMV in violation of federal law relating to highway-rail grade crossings. Disqualifies CMV drivers who violate one of six highway-rail grade crossing offenses.		Passed
New York	SB 1898-A	Sen. George Maziarz (R)	Prohibits persons convicted of DWI from driving school buses or vehicles for hire.		Pending
New York	SB 763	Sen. Caesar Trunzo (R)	Permits cities of 1 million population or more, Nassau and Suffolk counties and directs the Long Island and North-Metro Commuter Railroads to develop programs for monetary fines for violating railroad grade crossing signals.		Pending
New York	AB 11376	Committee on Rules	Provides for CDL suspension when driver violates out-of-service orders regardless whether the violation occurred within or without New York. Substituted by SB 7011.		Pending
New York	SB 7011	Sen. Caesar Trunzo (R)	Assesses the same existing penalty for violations whether they occurred within or outside the state.		Pending
New York	SB 869	Sen. Patricia McGee (R)	Increases from 1 year to 18 months the license revocation period for a person who refuses to take a chemical test while operating a CMV.		Pending
New York	AB 7170	Assm. Steven Sanders (D)	Requires special endorsements on commercial driver's licenses for school bus drivers.		Pending
New York	AB 8424	Assm. David Gantt (D)	Lowers the per se intoxication level for a Level I offense to a range of .04 to .06 for CMV drivers.. Lowers the threshold for Level II offense to a range of more than .06 to .10 for CMV drivers.		Pending
New York	SB 6062-A	Sen. Morahan	Requires the CDL expiration date for lawfully admitted aliens to expire on the same day as the visa expires.		Pending
Oklahoma	HB 2067	Rep. James Covey (D) and Sen. Gilmer Capps (D)	Requires disqualifications for railroad crossing violations in commercial vehicles.		Passed
Pennsylvania	SB 1313	Sen. Jack Wagner (D)	Increases the fine amount for a person driving a CMV with alcohol in their system. Increases the period out-of-service for a person who refuses to consent to an alcohol test.		Pending
Pennsylvania	HB 2204	Rep. Anthony DeLuca (D)	Requires the department to perform or secure a background check on any hazardous materials endorsement applicant who has been convicted of a crime involving death or serious bodily injury, significant property damage, terroristic threat or ethnic intimidation.		Pending
Pennsylvania	SB 1314	Sen. Jack Wagner (D)	Increases the disqualification period for drivers convicted of a second or third serious traffic offenses.		Pending
Pennsylvania	SB 1312	Sen. Jack Wagner (D)	Provides for higher penalties for license and out-of-service violations.		Pending
Pennsylvania	SB 1317	Sen. Jack Wagner (D)	Allows the department to refuse to issue a CDL to applicants if the driving record shows any prior serious traffic violations that, in the department's opinion, indicate that the applicant is unfit to hold a CDL.		Pending
Pennsylvania	SB 1573	Sen Jack Wagner (D)		Provides additional requirements for school bus endorsements. Enhances restrictions on alcohol use by school bus drivers.	Pending
Pennsylvania	HB 2165	Rep. Richard Geist (R)	Requires applicants and renewals for a hazardous endorsement CDL to submit a fingerprint and criminal background check.		Pending
Rhode Island	HB 7375	Rep. Joan Quick (R)	Imposes a 55-mph speed limit on truck tractors with or without a semi-trailer.		Failed
Rhode Island	HB 7588	Rep. Donald Lally (D)	Bill would no longer require applicants for a CDL to report their social security number.		Passed
South Carolina	HB 5178	Rep. Denny Neilson (D)	Requires that hazmat drivers who contribute to a crash that is required to be report to the US Department of Transportation successfully complete an approved CMV driver retraining course within 90 days of the collision.		Failed
South Carolina	HB 3146	Rep. Joel Lourie (D)	Penalizes a CDL holder who speeds in a 55 mph zone of a misdemeanor and sets the penalties.		Failed
South Carolina	SB 527	Sen. Bradley Hutto (D)	Bill would prohibit CMVs with three or more axles from driving in the far-left lane of a highway with three or more lanes in the same direction.		Failed
South Carolina	SB 814	Sen. John Hawkins (R)	Requires the Department of Public Safety to make reasonable steps to ensure that an applicant (for a license or renewal of a license with hazardous materials endorsement) does not appear on the federal government's terrorist watch list.		Failed
South Dakota	HB 1025	Transportation Committee	Adopts federal regulations related to hazardous materials transportation. Makes violations of certain hazardous materials transportation registration requirements a misdemeanor.		Passed
South Dakota	HB 1023	Transportation Committee	Provides motor carrier inspectors enforcement authority for certain violations.		Passed
South Dakota	HB 1026	Transportation Committee	Disqualifies for a time period drivers from operating a CMV for first, second and third railroad grade crossing violations.		Passed
South Dakota	HB 1091	Rep. Stan Adelstein (R)	Makes compliance with federal selective service requirements a condition of obtaining a CDL.		Passed
Tennessee	HB 2663	Rep. Ulysses Jones (D)	Extends from 10 to 15 days the time the Department of Safety must notify the licensing state and CDLIS that the CDL holder has violated a traffic law. Extends from 10 to 15 days the time the clerk must notify the department of a CDL holder traffic law conviction. Identical to SB 2292.		Failed
Tennessee	HB 2148	Rep. Frank Buck (D)	Requires the department to report convictions of resident and non-resident CDL holders within 15 days to licensing state and CDLIS. Requires courts to report convictions occurring in a CMV of resident and non-resident CDL holders to the department within 15 days. Identical to SB 2226.		Failed
Tennessee	HB 910	Rep. Jamie Hagood (R)	Requires trucks tractors and semi-trailers to operate in the right most lane of highways with three or more lanes in each direction. Identical to SB 1386.		Failed
Tennessee	HB 911	Rep. Jamie Hagood (R)	Requires truck tractors and semi-trailers to drive in the right most lane of the interstate or multi-lane divided highway where the incline is a 5% grade or greater. Identical to SB 1387.		Failed
Tennessee	HB 2284	Rep. Matt Kisber (D)	Requires the Department of Safety to conduct a criminal background check on all applicants for a CDL. Requires applicants to provide the necessary information to verify whether the applicant has been convicted of a felony in Tennessee, submit a fingerprint.		Failed
Virginia	SB 62	Sen. John Watkins (R)	Requires CDL to contain a fingerprint or other biometric identifier.		Failed
Virginia	HB 669	Del. Kirkland Cox (R)	Requires all CDL applicants under 26 and is a citizen or immigrant to comply with the selective service requirement.		Passed
Virginia	HB 638	Del. James O'Brien (R)	Requires CDL applicants and license holders be residents of Virginia.		Passed
Virginia	HB 934	Del. Leo Wardrup (R)	Provides for the disqualification of a CDL for alcohol offenses that occurred outside the state. Further provides for the disqualification for railroad grade crossing violations. Prohibits courts from dismissing or deferring judgment for an offense committed in a CMV.		Passed
Virginia	SB 62	Sen. John Watkins (R)	Requires all applicants for a CDL to submit a thumbprint or other biometric identifier approved by the commissioner.		Failed
Washington	HB 2284	Rep. Ruth Fisher (D)	Requires the department to disqualify CDL holders for a period of time if the driver is convicted of one of six offenses at a railroad-highway grade crossing while operating a CMV.		Passed
Washington	SB 6352	Sen. Georgia Gardner (D)	Prohibits courts from deferring findings for traffic infractions that occur in a CMV.		Failed
Washington	SB 6418	Sen. Harold Hochstatter (R)	Requires all CDL applicants to demonstrate a working knowledge of English.		Failed
Washington	SB 6461	Senate Transportation Committee	Requires medical review officers and breath alcohol technicians under contract with motor carrier or employers to report positive drug or alcohol test (.04 BAC) of a CDL holder to the department of licensing within 3 days. The department of licensing is required to disqualify the driver from driving a CMV subject to a hearing.		Passed
Washington	SB 6463	Senate Transportation Committee	Requires CDL applicants to show they can read and speak English sufficiently to explain emergencies and give directions as well as read traffic signs.		Failed
Washington	HB 2679	Rep. Joyce Mulliken (R)	Requires tests for CDLs to include a section that requires the applicant to demonstrate working knowledge of English so that the driver could communicate with law enforcement.		Failed
Washington	SB 6435	Sen. Mary Margaret Haugen (D)	Requires disqualification of commercial drivers for railroad grade violations. Provides for driving under the influence of alcohol, leaving the scene of the accident or using a commercial motor vehicle in the commission of a felony.		Failed
Washington	HB 1179	Rep. Doug Ericksen (R)	Requires medical review officers who were hired by motor carriers or employers with required programs report confirmed positive alcohol or drug test of CDL holders to the department of licensing. Upon receipt of report, the department must disqualify the driver for at least a year.		Failed
Washington	HB 2687	Rep. Shay Schaul-Berke	Requires trucks that are transporting hazardous materials to cover their loads.		Failed
Wisconsin	SB 464	Sen. Roger Breske (D) and Rep. Jeff Stone (D)	Requires disqualification for commercial drivers for railroad crossing violations.		Failed
West Virginia	SB 664	Sen. Michael Ross (D)	Requires commercial vehicles to stop at railroad crossings consistent with federal regulations. Disqualifies drivers who fail to comply.		Passed

APPENDIX B - RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS FOR CMVS

State	Provision	Citation
Alabama	None found
Alaska	None found
Arizona	Yes	ARS § 28-3312
Arkansas	Yes	A.C.A §27-23-112
California	Yes	2001 Assm. Bill 1280
Colorado	None found
Connecticut	None found in statute
Delaware	Yes	2002 House Bill 436
Florida	Yes	F.S.A §§322.61, 351.03
Georgia	Yes (however, does not contain specific federal provisions)	2002 Senate Bill 488
Hawaii	Yes	2002 House Bill 2582
Idaho	Yes	2002 Senate Bill 1277
Illinois	Yes	2002 House Bill 4953
Indiana	Yes	IC §9-24-6-6
Iowa	Yes	I.C.A. §321.2149
Kansas	None found
Kentucky	None found
Louisiana	Yes	2002 House Bill 84A
Maine	None found
Maryland	None found
Massachusetts	None found
Michigan	Yes	2002 Senate Bill 1232
Minnesota	None found
Mississippi	None found
Missouri	None found
Montana	Yes	MCA §61-8-8-2
Nebraska	Yes	2002 LB 1232
Nevada	None found
New Hampshire	None found
New Jersey	None found
New Mexico	None found
New York	None found
North Carolina	None found
North Dakota	Yes	NDCC §39-06.2-10
Ohio	None found
Oklahoma	Yes	2002 House Bill 2067
Oregon	Yes	O.R.S. §§811.455, 811.400, 811.475
Pennsylvania	Partly	75 Pa.C.S.A. 3342
Rhode Island	None found
South Carolina	None found
South Dakota	Yes	2002 House Bill 1026
Tennessee	Yes	T.C.A. §55-50-412
Texas	Not specific to federal laws	V.T.C.A. Transportation Code §522.081
Utah	Yes	U.C.A. §53-3-414
Vermont	None found
Virginia	Yes	2002 House Bill 934; Virginia Code Ann. §46.2-341.20:2
Washington	Yes	2002 House Bill 2284
West Virginia	Yes	2002 Senate Bill 664
Wisconsin	None found
Wyoming	None found

APPENDIX C - INTERSTATE SPEED LIMITS

State	Rural Interstates	Urban Interstates
Alabama	70	70
Alaska	65	55
Arizona	75	55
Arkansas	70 Trucks: 65	55
California	70 Trucks: 55	65
Colorado	75	65
Connecticut	65	55
Delaware	65	55
Florida	70	65
Georgia	70	65
Hawaii	55	50
Idaho	75 Trucks: 65	65
Illinois	65 Trucks: 55	55
Indiana	65 Trucks: 60	55
Iowa	65	55
Kansas	70	70
Kentucky	65	55
Louisiana	70	55
Maine	65	55
Maryland	65	65
Massachusetts	65	65
Michigan	70 Trucks:55	65
Minnesota	70	65
Mississippi	70	70
Missouri	70	60
Montana	75 Trucks: 65	65
Nebraska	75	65
Nevada	75	65
New Hampshire	65	65
New Jersey	65	55
New Mexico	75	55
New York	65	65
North Carolina	70	65
North Dakota	70	55
Ohio	65 Trucks: 55	65
Oklahoma	75	70
Oregon	65 Trucks: 55	55
Pennsylvania	65	55
Rhode Island	65	55
South Carolina	70	70
South Dakota	75	65
Tennessee	70	70
Texas	70	70
Utah	75	65
Vermont	65	55
Virginia	65	55
Washington	70 Trucks: 60	60
West Virginia	70	55
Wisconsin	65	65
Wyoming	75	60
District of Columbia	N/A	55

APPENDIX D - LEFT LANE RESTRICTIONS

State	Left lane Restriction	Applicability
Alabama	No
Alaska	No
Arizona	No
Arkansas	No
California	No
Colorado	No
Connecticut	Yes	All vehicles
Delaware	No
Florida	No
Georgia	No
Hawaii	Yes	All vehicles
Idaho	Yes	All vehicles
Illinois	Yes	Restricted to vehicles traveling at normal speed or traffic
Indiana	Yes	CMVs restricted to 2 right lanes if there are 3 or more lanes in the same direction
Iowa	No
Kansas	No
Kentucky	Yes	Areas where speed limit is 65 mph
Louisiana	No
Maine	Yes	Areas where speed limit is 65 mph
Maryland	No
Massachusetts	Yes	All vehicles
Michigan	Yes	CMVs restricted to 2 right lanes if there are 3 or more lanes in the same direction
Minnesota	No
Mississippi	Yes	All vehicles
Missouri	Yes	All vehicles
Montana	No
Nebraska	No
Nevada	Yes	All vehicles
New Hampshire	No
New Jersey	Yes	All vehicles
New Mexico	No
New York	No
North Carolina	No
North Dakota	No
Ohio	Yes	All vehicles
Oklahoma	No
Oregon	Yes	All vehicles
Pennsylvania	Yes	All vehicles
Rhode Island	Yes	All vehicles
South Carolina	No
South Dakota	No
Tennessee	Yes	All vehicles
Texas	Yes	Restricted to passing maneuvers
Utah	Yes	CMVs restricted to 2 right lanes if there are 3 or more lanes in the same direction
Vermont	No
Virginia	Yes	All vehicles
Washington	Yes	CMVs restricted to 2 right lanes if there are 3 or more lanes in the same direction
West Virginia	No
Wisconsin	No
Wyoming	No
District of Columbia	No

APPENDIX E - STATE HOURS OF SERVICE LAWS

State	Law
Arizona	Ariz. Rev. Stat. Ann sec. 23-286 - Prohibits drivers from being on duty for a period longer than 10 consecutive hours. Drivers are permitted to return to duty after being off duty for at least 8 consecutive hours. Prohibits drivers who have been on duty 10 hours in the aggregate in any 24-hour period to return to duty without having at least 8 consecutive hours off duty.
California	California Code of Regulations, Dept. of CHP, Motor Carrier Safety, 1212 - Prohibits interstate drivers from driving more than 12 hours combined following 8 consecutive hours off duty. Prohibits intrastate drivers from driving more than 14 hours combined following 8 consecutive hours off duty. Prohibits all drivers from driving after the driver has been on duty 15 hours following 8 consecutive hours off duty. California Vehicle Code § 34501.2 - Requires any hours of service regulations to be consistent with 49 CFR 395 as existing or amended.
Connecticut	Conn. Gen. Stat. Ann. Sec. 14-274 - Prohibits drivers from driving for more than 12 consecutive hours. Requires drivers who have been on duty for 12 consecutive hours to be off duty for at least 8 consecutive hours. Prohibits driving when the driver has been on duty more than 16 hours in the aggregate in any 24-hour period. Requires those drivers to have at least 10 consecutive hours off duty before driving.
Florida	Fla. Stat. Sec. 316.302 - Permits drivers engaged solely in intrastate commerce not transporting hazardous materials to, after 8 hours rest, drive any part of the first 15 on-duty hours in any 24 hours period. The driver is not permitted to drive again until another 8 hours of rest. Prohibits drivers in intrastate commerce from being on duty more than 72 hours on any period of 7 consecutive days. Drivers of carriers operating every day of the week are permitted to remain on duty for no more than 84 hours in any 8 consecutive days.
Indiana	Ind. Code sec. 8-2.1-24-18 - Incorporates the federal hours of service rules by reference.
Iowa	Iowa Code sec. 321.449 - Permits drivers engaged in intrastate commerce to drive 12 hours, be on duty 16 hours in a 24-hour period, and be on duty 70 hours in 7 consecutive days or 80 hours in 8 consecutive days.
Kentucky	601 Ky. Admin. Regs. 1:005 - Incorporates the federal motor carrier safety regulations regarding hours of service.
Maryland	Md. Transportation Code Ann. Sec. 25-111 - Prohibits driving for more than 70 hours in a period of 7 consecutive days if the employing motor carrier does not operate every day of the week. If the employing motor carrier operates every day of the week, drivers may not drive more than 80 hours in a period of 8 consecutive days. Releases drivers from work within a period of 16 consecutive hours of which no more than 12 are dedicated to driving and requires drivers to be given at least 8 consecutive hours off duty.
Michigan	Mich. Comp. Laws sec. 480.12v. - Prohibits driving a commercial vehicle for any period after having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate every day of the week. If the employing motor carrier operates every day of the week, drivers may not drive after having been on duty 70 hours in any period of 8 consecutive days.
Nebraska	Neb. Rev. Stat. sec. 75-363 - Prohibits drivers who engage in intrastate commerce from driving more than 12 hours following 8 consecutive hours off duty. Prohibits drivers from driving for any period after having been on duty 16 hours following 8 consecutive hours off duty. Prohibits drivers from driving after having been on duty 70 hours in any 7 consecutive days if the employing motor carrier does not operate every day of the week. Prohibits drivers from driving after having been on duty 80 hours in any 8 consecutive day period if the employing motor carrier operates motor vehicles every day of the week.
New Jersey	N.J. Rev. Stat. sec. 39:9-2 - Prohibits driving a commercial vehicle after continuously driving for more than 12 hours. Also prohibits driving after 12 hours in the aggregate during any 16 consecutive hours. Requires the driver to have at least 8 consecutive hours off duty after the 12 hour period.
North Dakota	N.D. Cent. Code sec. 39-32-02 - Prohibits motor carriers from permitting or requiring any interstates driver to drive: (1) more than 12 hours following 8 consecutive hours off duty; (2) for any amount of time after more than 15 hours on duty; or (3) after having been on duty for 70 hours within 7 consecutive days.
Texas	Tex. Transportation Code Ann. Sec. 644.053 - Prohibits an interstate operator from driving a vehicle for more than 12 hours following 8 consecutive hours off.

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