Driver History Records for Commercial Drivers--Transportation Review

Driver History Records for Commercial Drivers

December 2001

By Irene Kawanabe, Policy Specialist

Note: This paper is a summary of the National Conference of State Legislature's 2001 report on driver records: Sundeen, Matt, James B. Reed and Irene Taylor Kawanabe. Driver History Records: State Practices for Commercial and Noncommercial Drivers. Denver: National Conference of State Legislatures, 2001. The full report is available through the NCSL Marketing Department at (303) 364-7700.

Overview

Bad drivers are a significant problem on America's highways. Each year, more than 6 million motor vehicle crashes injure more than 2 million people, kill more than 40,000 and cause billions of dollars in property damage. Bad drivers cause many of these crashes. According to statistics published by the National Highway Traffic Safety Administration (NHTSA), driver error was a factor in over 60 percent of the fatal crashes reported in 2000. Motor vehicle crash data from the Fatality Analysis Reporting System (FARS) indicates that in 2000, over 40 percent of fatal motor vehicle crashes involved drivers who had previous convictions. Drivers with a previous recorded crash constituted 14 percent of fatal crashes in 2000.

Several studies suggest that drivers who have had prior accidents and violations are several times more likely to have future accidents than are drivers who have remained accident- and violation-free for several years. One study, reported by the Insurance Institute for Highway Safety and conducted during the mid 1980s in California, found that drivers involved in two crashes during a three-year period had 2.3 times as many crashes in the next three year period as drivers who had no prior crashes. Drivers who received eight or more points on the record for traffic violations during a three-year period had 4.1 times as many crashes during the next three-year period as drivers with no points.Similar patterns were discovered among drivers in North Carolina, Maryland and Washington.

Crash rates also increase for bad commercial drivers. A study by the Keane Federal Systems Inc. found that commercial drivers with serious citations crash more frequently each year than drivers without serious citations.

This paper will give an overview of the findings of the NCSL study on driver history records. The research methodology for the study included a literature search, a 50-state statute research, a 50-state survey, and case studies. The findings of the study are published by NCSL in Driver History Records: State Practices for Commercial and Noncommercial Drivers. This report will focus on the commercial driver aspect of driver records.

Driver Records

To reduce the number of bad drivers on the road, driver control systems in every jurisdiction -composed of traffic codes and statutes- regulate drivers and are intended to detect and deter unsafe driving behavior. Driver records are the backbone of this driver control system.

States track poor driving behavior by recording crash information and traffic violations in a driver's history record. Usually, driver records -which can start even before a person is old enough to receive a license- contain personal information about the driver, the license history, a record of the driver's convictions and accidents, and evidence of any license suspensions or revocations.

States manage a significant amount of data on their driver records. There are currently 190 million licensed drivers in the U.S. In addition to the 6 million motor vehicle crashes reported each year, states track many traffic citations and convictions. Annually, prosecutors file more than 52 million traffic cases in state and local traffic courts. Courts report information from many of these cases to the driver's history record maintained by the state.

Accurate driver history records are crucial to removing bad drivers from the road. The driver history is intended to provide licensing agencies, judges and prosecutors with the information needed to make decisions about an individual's license or driving status.

Law enforcement officers use driver history records during traffic stops to determine the appropriate action against a motorist. Evidence of poor driving records allows motor vehicle officials to remove problem drivers from the road through license suspensions, revocations and withdrawals. In severe cases, driver records can provide the evidence necessary to sentence a problem driver to jail. Drivers who successfully hide their driving record endanger the public by retaining their driver's license and remaining on the road.

Commercial Driver Issues

Accurate tracking of commercial driver behavior is particularly important for highway safety. Each year, more than 7 million large trucks and other commercial vehicles travel more than 300 billion miles on America's highways. As with other drivers, commercial drivers who have a history of prior accidents and convictions are more likely to crash. Commercial vehicles, however, are a much greater threat than passenger vehicles when they crash. Commercial vehicles often weigh 20 to 30 times more than a passenger vehicle. In some states they can weigh as much as 120,000 pounds. Large vehicles do not maneuver easily; it may take a tractor-trailer 20 percent to 40 percent longer to stop than a passenger car.

In 1999, large trucks were involved in 475,000 crashes, including nearly 5,000 fatal crashes and 101,000 injury crashes. Almost 80 percent of those who died in large truck crashes were occupants of other vehicles, and 8 percent were pedestrians or bicyclists. In large truck crashes involving two or more vehicles, 98 percent of the people killed were occupants of passenger vehicles. More than one-fifth of all passenger vehicle occupant deaths in multiple-vehicle crashes occurred in crashes with large trucks.

Federal Requirements for State Laws for Commercial Vehicles

Because commercial vehicles frequently travel across state boundaries, the regulation of commercial driver records is within the scope of both state and federal jurisdiction. State governments and the federal government regulate all aspects of commercial vehicle operations, including driver licensing, driver records and moving violations. Because federal law preempts state law, however, states must comply with federal statutes and regulations. Federal law requires states to adhere to commercial driver's license (CDL) requirements, penalty provisions, driver record provisions, and reporting requirements. If a state does not substantially comply with federal law, the secretary of transportation must prohibit the state from processing and issuing CDLs and is required to withhold Motor Carrier Safety Assistance Program (MCSAP) funding increases until compliance is achieved.

Commercial Driver's Licenses

Federal law requires an individual who operates a commercial motor vehicle to have only one driver's license at any time, except during the 10-day period beginning on the date the individual is issued a driver's license. Commercial drivers use one license that allows them to operate both commercial and non-commercial vehicles. States may not issue a CDL if a driver already is licensed in another jurisdiction unless the driver agrees to surrender the license from the previous jurisdiction. The license itself must contain the name, address and physical description of the driver, the driver's social security number, and information about the class or type of commercial vehicle the individual is authorized to drive.

A state may not issue a CDL to an individual during a period in which the individual is disqualified from operating a CMV. States also may not issue a CDL to an individual whose driver's license is suspended, revoked or canceled.

Congress enacted the Motor Carrier Safety Improvement Act (MCSIA) of 1999. This act establishes provisions additional to the Commercial Motor Vehicle Safety Act (CMVSA) of 1986. MCSIA provides for additional provisions that would disqualify CDL holders. Provisions also require states to establish a uniform system to transmit data among states. The Federal Motor Carrier Safety Administration finished the notice and comment period of the MCSIA regulations in the fall of 2001.

Mandatory Penalties for Commercial Violations

Federal law identifies specific violations committed in a CMV that carry mandatory disqualification or other penalties for initial and subsequent violations. Drivers that commit two "serious" traffic violations in a three-year period must be disqualified from operating a motor vehicle for at least 60 days. Drivers that commit three serious violations in the same time period must be disqualified for at least 120 days. Serious offenses include:

Excessive speeding;
Reckless driving;
Driving a CMV without obtaining a CDL;
Driving a CMV without a CDL in possession; and
Violations that result in a fatality and other violations defined by the secretary of transportation.

Other disqualifying offenses include:

Driving a commercial vehicle under the influence of alcohol or drugs;
Leaving the scene of an accident involving a commercial vehicle;
Using a commercial vehicle to commit a felony;
Driving a CMV with a revoked, suspended or canceled CDL or driving while disqualified; and
Conviction for causing a fatality through the negligent or criminal operation of a CMV.

States must disqualify a convicted driver for at least one year for a first mandatory offense. A lifetime disqualification is mandatory for multiple violations and convictions. Special provisions also apply to drivers who operate a commercial vehicle while disqualified, improperly transport hazardous materials or violate highway-rail crossing regulations. A state may disqualify a driver by revoking, suspending or canceling the license.

The mandatory penalties for commercial drivers shape the content of state driver history records. Because states must impose specific penalties for CMV offenses, each state must track CMV convictions to comply with federal law.

Record Checks Before Licensure

At least 60 days before issuing a CDL, the licensing state must notify the Commercial Drivers License Information System (CDLIS) of the proposed issuance of license and submit other information to ensure identification of the individual applying for the license. CDLIS, a central repository of commercial driver license information, was established the Commercial Motor Vehicle Safety Act of 1986 (CMVSA). All states must be connected to CDLIS, and the CDLIS central site provides jurisdictions with license and identification information about commercial drivers in the United States. Based on that information, the state can issue the license or, in the case of adverse information, promptly implement the disqualification, licensing limitation, denials and penalties.

Before issuing, renewing or upgrading a CDL or allowing a transfer license, a state must check its own driving record. The state also must request all information about the individual's driving record from any other state that has issued a prior CDL to the individual. Additionally, the state must request from the National Driver Record (NDR) information about whether the individual 1) has been disqualified from operating a motor vehicle; 2) has had a license revoked, suspended or canceled for cause in the three-year period; or 3) has been convicted of a serious violation while operating a commercial vehicle.

A state must perform record checks no earlier than 24 hours prior to issuance of the license if the license is issued to a driver who does not currently possess a valid CDL from the same state. Checks can be performed no earlier than 10 days prior to issuance for all other drivers.

CDL Record Information

Most states include basic information on all drivers' records, including the operator's name, address, physical description, social security number, vehicle class, suspensions, revocations, cancellations and disqualifications. Federal law, however, imposes several additional requirements for CDL records.

Out-of-state records - A new state of record must accept the out-of-state driving record on CDL transfer applications and include this record as a permanent part of the new state's driving record.
Identification of CMV offenses - The state must identify on the driver record whether an offense was committed in a CMV.
Underlying violations - A state must include information on the underlying violation when reporting a disqualification, revocation, suspension or cancellation of a CDL.
Non-commercial offenses - States must include information on all violations of motor vehicle traffic control laws committed by CDL holders on the driver's record regardless of whether the violation occurred in a CMV.
Masking prohibited - States may not allow information about violations to be masked or withheld from the CDL holder's record.
Hardship and occupational licenses - The state cannot issue a hardship or occupational license to drive a CMV if the driver is disqualified for a non-CMV violation that would have disqualified the driver if the violation had occurred in a CMV.

Hardship licenses and laws that determine whether commercial drivers can mask records, remove points, or defer or divert adjudication are particularly crucial for commercial driver record accuracy. Commercial drivers depend on retaining their CDL or other license in order to work. Drivers have a strong incentive to avoid punishment for traffic violations committed in a CMV. They may attempt to avoid punishment by moving to different jurisdictions, enrolling in multiple classes or exploiting hardship programs. By prohibiting masking and hardship licenses for commercial drivers, the federal government hoped to provide consistency in state laws and limit drivers' ability to avoid punishment.

Reporting Requirements

The CMVSA and the Federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) both require states to report commercial vehicle information to other jurisdictions. States must report information about licensing, violations, convictions and disqualifications within specific time parameters to comply with federal law.

Notification of licensing - The state must notify CDLIS of each CDL issuance within 30 days. The state also must notify CDLIS of any changes in driver identification information. In the case of transfer issuances, the state must implement the change state of record transaction in conjunction with the previous state of record and the operator of CDLIS.
Notification of violations - The state where a violation occurs must notify the licensing state of the violation by a CDL holder within 10 days after the violation is committed.
Notification of traffic convictions by CDL holder -Whenever a person who holds a CDL from another state is convicted of a violation - in any type of vehicle - of any state or local law relating to motor vehicle traffic control (other than a parking violation), the licensing authority of the state in which the conviction occurs must notify the licensing entity of the person's state of licensure of the conviction as expeditiously as possible.
Notification of traffic convictions by non-CDL holder - Whenever anyone who does not hold a CDL, but who is licensed to drive by another state, is convicted of a violation in a CMV of any state or local law relating to motor vehicle traffic control (other than a parking violation), the licensing entity of the state in which the conviction occurs must notify the licensing entity of the person's state of licensure of such conviction.
Notification of disqualification - Not later than 10 days after a state disqualifies, suspends, revokes or cancels a CDL, the state must notify CDLIS.

Under federal law, states also must require that commercial drivers and employers report information. A CMV driver is required to notify his or her employer of traffic violations (except for parking) within 30 days of conviction. If the violation occurred out of state, the driver also must notify the appropriate official of the licensing jurisdiction. Notification must include the driver's name, address, date of conviction, the specific offense, an indication whether the offense occurred in a CMV, and the location of the offense. A CMV driver must notify his or her employer of revocations, suspensions, cancellations and disqualifications before the end of the business day following the day the employee received notice of the revocation, suspension, cancellation or disqualification.

The President signed the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot) Act of 2001 on October 26, 2001. The USA Patriot Act amends the Hazardous Materials Transportation Act by prohibiting states from issuing or renewing a license to operate a motor vehicle transporting a hazardous material in commerce unless the DOT has first determined that the applicant does not pose a security risk. The Act also requires the Department of Justice to perform a background records check on anyone requesting or renewing a license to transport hazardous materials.

This section of the Act cannot be implemented until U.S. DOT rulemaking. Until these regulations are in place, states can continue to renew and issue new commercial driver's licenses normally.

State CMV Regulation

Although federal law imposes requirements for CMV regulation, states are key to tracking CMV violations. State law enforcement officers respond to accidents and write citations. State courts process traffic cases, determine culpability and decide punishments. State agencies collect information about drivers, maintain driver history records and send information where it is required. State legislatures write the laws that govern law enforcement, courts and state agencies.

Federal Compliance

Despite the federal provisions, laws that govern commercial driver records vary among jurisdictions. Most states perform at least some of the basic federal CMV tracking requirements. In 2000, NCSL conducted a survey of driver agency officials. NCSL found through the survey that 45 of 49 states indicate that they use a special pointer to highlight CMV violations on driver history reports. Forty-six states indicate that they track all convictions and license actions on one driver record, including those involving commercial vehicles.

Many states, however, do not conform to all federal CMV tracking requirements. For record checking provisions, 12 states indicated in survey responses that they do not check records from other licensing jurisdictions prior to issuing a CDL. Thirteen states do not incorporate any previous driver records in a new commercial driver's record, and 16 states indicate that they incorporate only prior CDL records in a new commercial driver history record. One state indicated that it incorporates prior records only if they are in electronic form.

Nineteen states indicated in survey responses that they do not send information about non-CMV offenses to CDLIS. Five of these states, however, responded that they send paper copies of conviction information directly to the licensing state.

Most states reported that they notify the licensing state of CMV convictions soon after they receive information from the courts. Thirty-six of the 49 surveyed states reported that they notify the licensing state within 10 days after receiving CMV conviction information, if not sooner. All the states that responded with specific notification times indicated that they notify the licensing state within 90 days after receiving the information from the court.

Length of Time To Send CMV Conviction Information to Licensing State

Within 10 days (36)	Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wyoming
11-30 days (6)	Alabama, Indiana, Montana, Ohio, West Virginia, Wisconsin
31-90 days (4)	Alaska, Maine, Oklahoma, South Carolina
91 or more (none)	None
Not specified	Arkansas, Florida, Rhode Island

Source: NCSL, 2000

States have largely implemented provisions that require a commercial driver to notify his or her employer in the event of a conviction or license action. Many states also require companies that employ commercial drivers to verify the accuracy of employee CDL records. Some states have gone even further.

California, for example, implements a "pull notice system" for people who are employed as drivers of certain classes of vehicles. Under the system, it is the employer's duty to check the driver's record for accuracy. A prospective employer or current employer must check the driver's record every six months (for companies with fewer than 500 employees) or every 12 months (more than 500 employees) and verify that the employee's driver's license has not been suspended or revoked, the employee's traffic violation point count, and whether the employee has been convicted of a violation. An employer who continues to employ a driver who has a disqualifying act on record is guilty of a disqualifying offense.

New Federal CMV Requirements

MCSIA gave states additional requirements for creating and maintaining commercial driver records. The act added serious violations committed by commercial drivers while operating a non-commercial vehicle as a reason for license disqualification. Under the new law, a state must maintain as part of its driver information system a record of each violation of a state or local traffic control law incurred while operating a motor vehicle (except a parking violation) for each individual who holds a CDL, regardless of whether the violation occurred in a CMV. To date, the FMCSA has not completed the rulemaking process for MCSIA. Until the regulations are complete, states are not required to adopt MCSIA provisions.

The act prohibits states from allowing information about commercial violations to be withheld or masked in any way from the record of an individual who possesses a commercial driver's license. States also may not issue a provisional license to an individual who holds a CDL that permits the individual to drive a CMV during a period in which the driver is disqualified from operating a CMV or if the driver's license is revoked, suspended or canceled. California enacted parts of MCSIA in 2001.

Although states have met many of the notification and record requirements from the CMVSA, few have implemented the new MCSIA federal requirements designed to prohibit commercial drivers from masking or deferring convictions. As of November 2001, statutes in only three states -California, Florida and Texas- specifically prohibited commercial drivers from masking records or entering diversion and deferral programs. NCSL's driver record survey indicated that commercial drivers in 19 states could remove points, participate in diversion and deferral programs, or otherwise mask their records. Officials in seven additional states believe local courts might allow commercial drivers to participate in a diversion, deferral or masking program. Twenty-three states do not allow commercial drivers to defer adjudication or mask their records.

Although it is prohibited by federal law, many states also allow commercial drivers to obtain a provisional or hardship license. These special licenses allow certain commercial drivers to operate a vehicle for certain purposes even when the driver's license is suspended, revoked or otherwise disqualified. Nineteen states that responded to the driver record survey offer a hardship license for commercial drivers. Twenty-eight states do not provide special hardship licenses for CMV drivers.

Use of Regular License after CDL Disqualification

Beyond federal compliance, several additional issues are important for consideration by state legislatures. One concern is the practice of allowing commercial drivers to operate non-commercial vehicles after the driver is disqualified from operating a CMV.

Forty-six of the 49 states surveyed responded that commercial drivers could continue to drive with a regular license as long as the driver had committed only an offense unique to a CDL. Some states -such as Nevada, Colorado and Montana- prohibit drivers from keeping a non-commercial license if it is are revoked for a serious offense in a CMV such as a DUI. Most states, however, allow the driver to retain a non-commercial license if the CDL suspension would not have suspended the non-commercial license. Three states -Indiana, New Mexico and Tennessee- do not allow the practice.

Purging Serious Violations

Another issue raised in NCSL's driver history study concerned the purging of serious traffic violations from driver records. Federal law requires states to retain data according to standards established by CDLIS. CDLIS sets minimum data retention standards according to the Driver License Compact and federal regulations relating to the CMVSA of 1986. These minimum standards require the state of record to retain driver record information for specific time periods, regardless of whether or not the driver has been declared deceased or if his or her license has expired. States must adhere to the following minimum data retention standards.

1. Major commercial motor vehicle conviction - States must retain these records for at least 55 years past the conviction date. This category includes offenses specified in the CMVSA, including driving under the influence, leaving the scene of an accident, and felony convictions committed in a CMV.

2. Other major convictions in any vehicle - States must retain these records for at least 10 years past the conviction date. This category includes "specified offenses" as listed in the Driver's License Compact such as manslaughter or negligent homicide, driving while intoxicated, felony using a motor vehicle, failure to stop and render aid, and reckless driving.

3. Minor convictions - States must retain minor convictions for at least 3 years past the conviction date. This category includes traffic convictions other than "CMV Major Convictions" and "Other Major Convictions" listed above. These offense include excessive speeding, improper or erratic traffic lane changes, following too closely, and violations of state or local law arising in connection with a fatal accident.

4. Accidents - States must retain accident information for at least 10 years past the accident date.

5. Withdrawal actions - States must retain these records for at least 55 years past the withdrawal date or 3 years past the reinstatement date.

Despite the CDLIS guidelines, actual state data retention practices vary tremendously. Eighteen states never purge information about serious violations from the record. Eleven states purge information after 55 years. Ten states purge information after 10 years or less time. Illinois purges DUI offenses after 10 years and other offenses after only five years. West Virginia never purges information, but stops reporting offenses after seven years. Oregon purges information from after five to 55 years depending on the violation. New Mexico purges some violations after three years, a first DWI offense after 25 years, and never purges a second DWI offense. Delaware does not erase convictions, but does not release information after three years.

States purge driver conviction information to lessen the burden on drivers who may have made one mistake but perhaps should not be punished for an entire lifetime. States also purge records to clear files and create additional storage space. When a state deletes prior serious violations from the record, however, the state risks losing valuable information about a driver. Moreover, if a driver transfers to a different licensing state, the new state may not be aware of the driver's previous record even if the new state is required to keep records about serious violations over a longer period of time. Ultimately, inconsistent purging practices could affect driver record accuracy, although no study substantiates this concern.

Diversion, Deferral and Plea-bargains

According to a 1998 report commissioned for the Federal Highway Administration by the U.S. Department of Commerce, commercial drivers now contest citations and hire lawyers much more frequently than they did before federal CDL requirements were enacted. Drivers who go to court or use legal counsel often successfully reduce charges or have violations dismissed.

Statutes in 33 states specifically authorize diversion, deferral, masking, probation or point or conviction removal for traffic offenders. These programs allow drivers to postpone prosecution or sentencing for traffic offenses, hide convictions posted to their records, or remove points or convictions from their records. According to the NCSL survey, 22 states use point removal, six states mask convictions, 20 states use traffic schools, 14 states use diversion, seven states defer sentences and four states remove convictions. Additionally, diversion programs in at least seven states allow eligibility only for drug and alcohol cases.

Despite federal restrictions, few states specifically prohibit commercial drivers from attending traffic school and diversion or deferral programs. Moreover, in many states where local courts control diversion and deferral programs, judges and prosecutors may be unaware of restrictions regarding commercial drivers or may be willing to plea-bargain a commercial violation to a noncommercial violation that is eligible for diversion or deferral.

States that Permit Commercial Drivers to Defer or Mask

CMV deferral Permitted	Alaska, Arizona, California, Connecticut, Delaware, Florida, Idaho, Kansas, Kentucky, Maine, Maryland, Nebraska, New York, North Carolina, Oklahoma, South Carolina, Utah, Virginia, Washington
Local court may allow CMV deferral	Arkansas, Colorado, Indiana, Louisiana, Oregon, Tennessee, Wyoming
Prohibits by statute	California, Florida, Texas
No Deferral program	Alabama, Hawaii, Iowa, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, North Dakota, Pennsylvania, Rhode Island, South Dakota, Vermont
No CMV Deferral	Georgia, Illinois, Michigan, Missouri, New Hampshire, Ohio, West Virginia, Wisconsin, Wyoming

Source: NCSL, 2000

Eighteen states surveyed by NCSL may allow commercial drivers to plea-bargain an offense committed in a CMV to a non-CMV offense. Although statewide laws concerning this practice vary, many driver licensing officials believe local courts can accept such plea-bargains even if the plea-bargains are not condoned by the state. In Colorado, Georgia, Illinois and Nebraska, for example, plea-bargains occur completely at the discretion of the court. Courts in these states may accept a plea to a non-CDL offense.

In Iowa, courts may accept a plea-bargain to a non-CDL offense. However, the practice is not common. New York permits courts to accept plea-bargains to a non-CDL offense. In limited circumstances involving a DWI violation, however, such plea-bargains are not accepted.

The judiciary in North Carolina determines whether a driver may plea-bargain a commercial violation. However, even if a violation is bargained to a non-commercial offense, North Carolina records the conviction as a commercial violation. Thirty states do not allow commercial drivers to plea bargain to a non-commercial offense.

Even in states that prohibit commercial drivers from plea-bargaining a CMV violation to a non-CMV violation, courts may still approve this practice. Judges, prosecutors or law enforcement officers often do not receive training or study material about the CDL program, the may not be aware that mandatory provisions distinguish CMV violations from other traffic offenses. Full dockets, the distribution of fee and fine money, and pressures to handle cases of greater concern also can lead the court to accept a plea to a non-commercial offense.

Pleading down may be dangerous for other drivers. According to one recent study, the crash rate of drivers who plead down to a lesser offense is slightly higher than drivers who are convicted of the original charge, and much higher than an average driver. Plea-bargains can also affect the posting rate for violations because lesser offenses are less likely to be posted to the record. As a consequence, large numbers of plea-bargains can greatly diminish the effectiveness of driver control systems.

Conclusion

States are the key implementers of the federal commercial motor vehicle acts. The Commercial Motor Vehicle Safety Act (CMVSA) of 1986 requires commercial drivers to hold only one license and implements a nationwide information system to prevent the issuance of multiple licenses, allow states to exchange information on traffic violations, and make it easier to remove problem drivers from the road. Tough penalties are assessed to drivers who violate the law. It requires states to adopt a uniform testing standard. Success of the CMVSA is contingent on state adoption of its requirements.

Congress created another act for commercial drivers, the Motor Carrier Safety Improvement Act (MCSIA) of 1999. This act establishes additional provisions that would disqualify CDL holders. Other provisions require states to establish a uniform system to transmit data among states. Like the CMVSA, this act is contingent on state adoption of all the requirements. The Federal Motor Carrier Safety Administration (FMCSA) finished the notice and comment period of the MCSIA regulations in the fall of 2001. Once the FMCSA issues the regulations, states will then be required to substantially comply with the provisions.

Legislators may consider changes to current driver record and commercial driver laws so that records are an accurate source of information for driver agency officials, the police, prosecutors, and the judiciary. Legislators may also examine diversion and deferral practices in their states so that driver records are consistent and accurate.

Contact for further information

Irene Kawanabe, Policy Specialist
(303) 364-7700, ext. 272

James B. Reed, Program Director
(303) 364-7700, ext. 197

Matt Sundeen, Senior Policy Specialist
(303) 364-7700, ext. 269

Links

Federal Motor Carrier Safety Administration
"Driver History Records: Diversion and Deferral Programs," LegisBrief, Vol. 9, No. 40, October 2001 by Irene Kawanabe.
National Highway Traffic Safety Administration's Fatality Analysis Reporting System (FARS)

Selected References

Sundeen, Matt, James B. Reed and Irene Taylor Kawanabe. Driver History Records: State Practices for Commercial and Noncommercial Drivers. Denver: National Conference of State Legislatures, 2001.

The MVR Book: Motor Services Guide, 2001 ed. Tempe, Ariz.: BRB Publications, 2001.

U.S Department of Commerce, National Technical Information Service. Commercial Driver License Effectiveness Study. Springfield, Va.: USDOC, 1998.

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