Why Care? This Case Is Important to Someone! Presenters: Gary A. Graber, Town Justice, Darien New York Duane Kokesch, Director National Traffic Law Center, NDAA Dale Kasparek, Principal Court Management Consultant, NCSC 1
Giving Every Case Individual Attention 2
Justice Stakeholder Problems 3
Fairness, Outcomes NCSC s http://cd.trafficresourcecenter.org/ 4
What is the Problem? Citizens are victims of bad commercial drivers Laws are not enough Victim Treat commercial drivers differently - FMCSA Properly Reporting convictions of commercial drivers FMCSA 5
Improving Justice Requires Partnerships Masking Prohibited 49 C.F.R. 384.226 Local legal culture Court culture SDLA Update Driver Record 49 C.F.R. 384.225 10 Days/Less from Date of Conviction Court send conviction to SDLA in less than 10 Days FMCSA Goal: Get bad drivers off the road Cause property damage Bodily injury & death 6
Public Trust in Justice Partners Title 49: 384.226 Prohibition on Masking Convictions The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State. 7
Technical Nature of the Partnership Title 46: 383.5 Definitions - Conviction 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. 8
Accountability Title 49 384.225 CDLIS Driver Recordkeeping The State must (a) post and maintain as part of the CDLIS driver record for CLP & CDL holders or persons required to have a CLP or CDL: All convictions, disqualifications and other licensing actions for violations of any State or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations) committed in any type of vehicle. 9
Partner Dependency 384.225 CDLIS Driver Recordkeeping Cont. The State must: c) Make CDLIS driver record information required by this section available to the users designated in paragraph (e) of this section, or to their authorized agent, within 10 days of: (1) Receiving the conviction or disqualification information from another State; or (2) The date of the conviction, if it occurred in the same State. 10
Partner Performance: 10 Day Rule 49 C.F.R. 384.225 Record and maintain as part of the CDLIS driver record all convictions, disqualifications and other licensing actions for violations of any State or local law relating to motor vehicle traffic control (c) Make CDLIS driver record information required by this section within 10 days of: (1) Receiving the conviction or disqualification from another State; or (2) The date of conviction, if it occurred within the same state. 4/7/16 11
CDL Conviction Timeliness Governance Court Technology Framework Law Enforcement State Driver Licensing Agency Courts Prosecution CDLIS Defense 12
Integrative Leadership Masking Prohibited 49 C.F.R. 384.226 Local legal culture Court culture SDLA Update Driver Record 49 C.F.R. 384.225 Court send 10 Days/Less from Date of conviction to Conviction SDLA in less than 10 Days Bad drivers stay on road Cause property Bodily injury & death damage 13
Technology Standards GRA-NIEM 14
Performance Management Court2SDLA SSP Promote Low Cost Reuse 10 Day Rule 49 C.F.R. 384.225 CDL Conviction reported from CMS in seconds Data from HPCF Four Perspectives Submit SSP to Standards Approval Process Conduct HPCF Fieldwork: Administrative Principles Managerial Culture Performance Management Build GRA-NIEM Compliant Data Exchange to Test 15
NCSC Contact Information: Contact for commercial driving initiatives 4/7/16 16