Commercial Driver s License Laws

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1 I. CDL CRASHES IN LA Commercial Driver s License Laws PIPS Conference II. MASKING a. Federal regulations prohibit the states from disposing of a Commercial Driver s License (CDL) violation so as to mask, defer imposition of judgment, or allow an individual to enter into a diversion program if doing so would prevent the CDL driver s conviction from appearing on his driving record. 49 C.F.R III. CONSEQUENCE OF MASKING a. Loss of highway funds. 49 C.F.R IV. CONVICTION IN CDL WORLD a. Federal definition i. Conviction means an 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 authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere 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 prorated. 49 C.F.R b. State definition i. Conviction for purposes of this Section shall include an unvacated adjudication of guilt or a determination in a court of original jurisdiction or by an authorized administrative tribunal that a person has violated or failed to comply with the law; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a 1

2 plea of guilty or nolo contendere accepted by a court; the payment of a fine or court costs; or a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. A conviction shall occur regardless of whether a person is referred to a remedial or pretrial diversion program as an alternative to the imposition of a penalty, fine, or other sanction. La. R.S. 32:414.2(A)(9)(a). V. WHAT COUNTS AS A CONVICTION a. Impaired Driving i. Lifetime Disqualification La. R.S. 32:414.2(A)(2) 1. A second reported submission to a chemical test in connection with an arrest for the offense of operating under the influence of alcohol, operating with an alcohol concentration of 0.08 percent or more, or operating while under the influence of a controlled substance while operating a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder. A disqualification pursuant to this Item for which a timely administrative hearing request has not been received or a disqualification pursuant to this Item which has been affirmed after an administrative hearing shall be considered a conviction for purposes of compliance with federal motor carrier rules. 2. A second reported submission to a chemical test by a commercial driver's license holder in connection with a traffic stop where the driver was found to have been driving under the influence of alcohol with an alcohol concentration of at least 0.04 percent but under an alcohol concentration of 0.08 percent while operating a commercial motor vehicle. A disqualification pursuant to this Item for which a timely administrative hearing request has not been received or a disqualification pursuant to this Item which has been affirmed after an 2

3 administrative hearing shall be considered a conviction for purposes of compliance with federal motor carrier rules. 3. A second reported conviction of operating under the influence of alcohol, or operating while under the influence of a controlled substance while operating a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder. 4. A second offense of refusal to submit to an alcohol concentration or drug test, while operating a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder. ii. One Year Disqualification La. R.S. 32:414.2 (A)(4) 1. A first reported submission to a chemical test in connection with an arrest of a commercial driver's license holder, while operating a commercial motor vehicle or a noncommercial motor vehicle, of operating under the influence of alcohol, operating with an alcohol concentration of 0.08 percent or more, or operating under the influence of a controlled dangerous substance. A disqualification pursuant to this Item for which a timely administrative hearing request has not been received or a disqualification pursuant to this Item which has been affirmed after an administrative hearing shall be considered a conviction for purposes of compliance with federal motor carrier rules. 2. (ii) A first reported submission to a chemical test by a commercial driver's license holder in connection with an investigation of driving under the influence of alcohol with an alcohol concentration of at least 0.04 percent but under an alcohol concentration of 0.08 percent while operating a commercial motor vehicle. A disqualification pursuant to this Item for which a timely administra- 3

4 tive hearing request has not been received or a disqualification pursuant to this Item which has been affirmed after an administrative hearing shall be considered a conviction for purposes of compliance with federal motor carrier rules. 3. (iii) A first reported conviction of a commercial driver's license holder, while operating a commercial motor vehicle or a noncommercial motor vehicle, or operating under the influence of a controlled dangerous substance. 4. A first offense of refusal to submit to an alcohol concentration or drug test, while operating a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder. a. A CDL disqualification will still occur, even if the CDL driver is ultimately acquitted of the criminal charge of DWI. See Austin v. LA DPS OMV, 46,654 (La. App. 2 Cir. 11/2/11), 77 So.3d 474. See also Gray v. LA DPS OMV (La. App. 1 Cir. 2/17/17), 217 So.3d 412; Navarre v. LA DPS OMV, (La. App. 3 Cir. 2/12/14), 153 So.3d 1096 b. Compare with In re Lafleur, (La. App. 3 Cir. 3/6/13), 129 So.3d 540 holding that administrative adjudication of submission to chemical test was not conviction since criminal charges were dismissed. b. Traffic 32:414.2(A)(1)(d): i Day Disqualification if 2 or 3 Serious Traffic Violations in 3 Year Period: Serious Traffic Violations 1. Excessive speeding, involving any single offense for any speed of fifteen miles per hour or more above the posted speed limit. 4

5 2. Reckless driving, as defined by state or local law or regulation, including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property. 3. Improper or erratic traffic lane changes. 4. Following the vehicle ahead too closely. 5. Except as otherwise provided in this Section, a violation arising in connection with a fatal accident or of a state or local law relating to motor vehicle traffic control, other than a parking violation. Serious traffic violations shall not include vehicle weight and defect violations. 6. Driving a commercial motor vehicle without first obtaining a commercial driver's license. 7. Driving a commercial motor vehicle without a commercial driver's license in the driver's possession. 8. Driving a commercial motor vehicle without the proper class of commercial driver's license. 9. Driving a commercial motor vehicle without possessing the proper endorsement for the vehicle being operated or for the passengers or cargo being transported. 10. Texting while driving. 11. Use of a handheld mobile telephone while driving a commercial motor vehicle. For purposes of this Item, driving shall include all times that a commercial motor vehicle is being operated on the highway, including while the vehicle is stationary on the highway due to traffic, a traffic control device, or other momentary delays, but shall not include times when the vehicle is pulled to the 5

6 side of, or off of, a highway, and is halted in a location where the vehicle can remain safely stationary. c. Other; See La. R.S. 42:414.2(A)(2) and (A)(4) i. Use of a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance, and the commercial driver's license holder shall not be eligible for the ten-year reinstatement. For purposes of this Subparagraph, felony shall be defined as an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year. ii. Use of a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder in the commission of more than one felony arising out of different crime episodes. For purposes of this Subparagraph, felony shall be defined as an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year. iii. A second offense of leaving the scene of an accident in a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder. iv. A second offense of operating a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is suspended, revoked, canceled, or disqualified. v. A second offense of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the offenses of manslaughter, negligent homicide, and vehicular homicide. 6

7 vi. Using a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder in the commission of a felony not described in Subparagraph (A)(2)(a) of this Section. vii. A first offense of leaving the scene of an accident in a commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license holder. viii. A first offense of operating a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is suspended, revoked, canceled, or disqualified. ix. A first offense of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the offenses of manslaughter, negligent homicide, and vehicular homicide. VI. WHEN IS DISQUALIFICATION IMPOSED? a. A disqualification shall be imposed even if the conviction is set aside or dismissed pursuant to any provision of the Code of Criminal Procedure unless the conviction is set aside or dismissed because of an appeal of the conviction. La. R.S. 32:414.2(A)(1)(b)(i). VII. HOW DOES THIS WORK IN LOUISIANA? a. Dismissal under La. C.Cr.P. art. 894 or i. Recorded as conviction for CDL purposes unless dismissal appealed. b. Pretrial Diversion Program i. Completion of pretrial diversion program should still be recorded as conviction. 7

8 VIII. MILLION DOLLAR QUESTIONS a. Although law contemplates completion of diversion program as conviction for CDL purposes, how is this reported to OMV? b. Can serious traffic violations occur in CMV and non-cmv? i. See La. R.S. 32:414.2(A)(1)(d) and 49 CFR IX. MASKING QUIZ USING TURNINGPOINT X. ADA COMMITTEE RECOMMENDATIONS: a. Office may make a policy decision to prohibit CDL holders from diversion programs OR b. Office may, upon completion of a pretrial diversion program, send a letter to OMV indicating offender has completed pretrial diversion program; OR c. Office may create some other mechanism by which to ensure reporting of CDL holder completion of PTI to OMV, for example, may make offender report to OMV and require proof as condition of PTI; d. Every PTI program should make sure that offenders entering program who have a CDL understand that completion of the PTI program will not necessarily restore their CDL, but will help with criminal charges. 8

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