CHANGE PROPOSAL ACD004 - PROPOSED MODIFICATIONS IN THE WORDING OF SELECTED ACD CODES Date Received: Source (Organization/Person): NDR Working Group 1 Description of Trigger or Reason for the Change Proposal During the Face-to-Face meeting that took place in Charleston, SC on March 22 and March 23, 2017, the NDR Working Group agreed to propose a general change in the wording of selected ACD codes, with the purpose of seeking uniformity in their descriptions. This change involves the use of the words driving and operating, which may have different meanings in different jurisdictions. To avoid ambiguities and differences in the application of the codes, the working group proposes to include both verbs in the description of any code that uses any of them and, to further disambiguate the description, to add motor vehicle or CMV as the object of the verb depending on the code. For example, ACD code A21 currently reads Driving under the influence of alcohol; the working group proposes to change this to read Driving or operating a motor vehicle under the influence of alcohol. 2 Impact Assessment (Including which entities are impacted) ACD Manual All occurrences of the description of the affected ACD codes; which include those that are now or are proposed to be in Appendix A to Part 1327. 3 Entities to Be Involved in Reviewing the Details of the Change Proposal FMCSA, NDR WG, ACD WG, and AAMVA 4 Pros and Cons PROs Reduced ambiguity in the application of ACD codes in different jurisdictions CONs Extensive changes to the ACD Manual AAMVA Official Use Only 1
5 Detailed Explanation of the Change Proposal 5.1 List of ACD Codes to Be Changed The following table lists the proposed ACD code changes. The proposed change is highlighted in turquoise. ACD Code A04 A08 A10 A11 A20 A21 A22 A23 A24 A25 A26 A35 A60 Proposed Wording Table A influence of alcohol with BAC of at least.04 but not greater than.079 influence of alcohol with BAC at or over.08 influence of alcohol with BAC at or over.10 influence of alcohol with BAC at (detail field required) influence of alcohol or drugs influence of alcohol influence of drugs influence of alcohol and drugs influence of medication not intended to intoxicate impaired Drinking alcohol while driving or operating a motor vehicle Possession of open alcohol container while driving or operating a motor vehicle Underage convicted of drinking, and driving or operating a motor vehicle at.02 or higher BAC Original Wording Driving under the influence of alcohol with BAC at or over.04 Driving under the influence of alcohol with BAC at or over.08 Driving under the influence of alcohol with BAC at or over.10 Driving under the influence of alcohol with BAC at (detail field required) Driving under the influence of alcohol or drugs Driving under the influence of alcohol Driving under the influence of drugs Driving under the influence of alcohol and drugs Driving under the influence of medication not intended to intoxicate Driving while impaired Drinking alcohol while operating a vehicle Possession of open alcohol container while operating a motor vehicle Underage convicted of drinking and driving at.02 or higher BAC AAMVA Official Use Only 2
ACD Code A61 A94 B19 B20 B21 B22 B23 B24 B25 B26 B27 B56 B57 B91 D16 Proposed Wording Underage Administrative Per Se Drinking, and Driving or operating a motor vehicle at.02 or higher BAC Administrative Per Se for BAC of at least.04 but not greater than.079 while driving or operating a CMV Driving or operating a CMV in violation of a driver or vehicle out-of-service order while transporting hazardous materials as defined in 383.5, or while driving or operating a vehicle designed to transport 16 or more passengers, including the driver license withdrawn license barred license canceled license denied license disqualified license revoked license suspended Driving or operating a CMV in violation of a driver or vehicle out-of-service order (for violations not covered by B19) Driving or operating a CMV without obtaining a CLP or CDL Driving or operating a CMV without a CLP or CDL in the driver s possession Driving or operating a CMV without the proper class and/or endorsement Show or use improperly Driver license (includes DL, CDL, and Instruction Permit) while driving or operating a motor vehicle Original Wording Underage Administrative Per Se Drinking and Driving at.02 or higher BAC Administrative Per Se for BAC of at least.04 but not greater than.079 Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in 383.5 or operating a vehicle designed to transport 16 or more passengers, including the driver Driving while license withdrawn Driving while license barred Driving while license canceled Driving while license denied Driving while license disqualified Driving while license revoked Driving while license suspended Violating a driver or vehicle out-of-service order (for violations not covered by B19) Driving a CMV without obtaining a CLP or CDL Driving a CMV without a CLP or CDL in the driver s possession Driving without the proper class and/or endorsement Show or use improperly Driver license (includes DL, CDL, and Instruction Permit) AAMVA Official Use Only 3
ACD Code D74 D75 M09 M10 M20 M21 M22 M23 M24 M80 Proposed Wording Driving or operating a motor vehicle improperly because of drowsiness Driving or operating a motor vehicle improperly due to physical or mental disability For all individuals driving or operating a motor vehicle, failure to obey railroad-highway crossing restrictions not specifically noted in other railroad-highway grade crossing related codes For all individuals driving or operating a CMV, failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossing For individuals driving or operating a CMV who are not required to always stop, failure to slow down at a railroad-highway grade crossing and check that tracks are clear of approaching train For individuals driving or operating a CMV who are not required to always stop, failure to stop before reaching tracks at a railroad-highway grade crossing when the tracks are not clear For individuals driving or operating a CMV who are always required to stop, failure to stop as required before driving onto railroad-highway grade crossing For all individuals driving or operating a CMV, failing to have sufficient space to drive completely through the railroad-highway grade crossing without stopping For all individuals driving or operating a CMV, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance Inattentive/distracted, careless, or negligent driving or operating a motor vehicle M81 Careless driving or operating a motor vehicle Careless driving M82 Inattentive/distractive driving or operating a motor vehicle Original Wording Operating a motor vehicle improperly because of drowsiness Operating a motor vehicle improperly due to physical or mental disability For all drivers, failure to obey railroadhighway crossing restrictions not specifically noted in other railroadhighway grade crossing related codes For all drivers, failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossing For drivers who are not required to always stop, failure to slow down at a railroadhighway grade crossing and check that tracks are clear of approaching train. For drivers who are not required to always stop, failure to stop before reaching tracks at a railroad-highway grade crossing when the tracks are not clear For drivers who are always required to stop, failure to stop as required before driving onto railroad-highway grade crossing For all drivers, failing to have sufficient space to drive completely through the railroad-highway grade crossing without stopping For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance Inattentive/distracted, careless, or negligent driving Inattentive/distractive driving M83 Negligent driving or operating a motor vehicle Negligent driving AAMVA Official Use Only 4
ACD Code Proposed Wording M84 Reckless driving or operating a motor vehicle Reckless driving M85 M86 S97 U02 U09 W45 Texting while driving or operating a motor vehicle Violating prohibition on using a hand-held mobile telephone or other electronic mobile device while driving or operating a motor vehicle Operating or driving a motor vehicle at erratic or suddenly changing speeds Resisting arrest while driving or operating a motor vehicle Negligent homicide while driving or operating a CMV Withdrawal for driving or operating a CMV while disqualified for previous violations in a CMV 5.2 Changes to the ACD Manual Changes in 2.2 Conviction Offense Detail Code Texting while driving Original Wording Violating Prohibitions on Using a Handheld Mobile Telephone While Driving Operating at erratic or suddenly changing speeds Resisting arrest while operating a motor vehicle Negligent homicide while operating a CMV Withdrawal for driving a CMV while disqualified for previous violations in a CMV Replace the description of code A11 in Table 2 Rules for Setting the ACD Detail Field for a Given Conviction ACD Code as Changes in 2.4 CMV, HAZMAT, and CDL Holder Indicators Replace the description of codes B19, B27, B56, B57, U09 and U10 in Table 3 -- Rules for Setting the Hazmat Indicator for Conviction ACD Codes Requiring the CMV Indicator = 1 as Changes in 3.1 Using ACD Codes in CDLIS Replace the description in parenthesis of ACD codes M20, M21, and M22 as indicated in Table A of this Changes in 3.1.3 Assigning the Withdrawal ACD Reason Code for a Withdrawal Replace the description of code W45 in Table 8 Withdrawal ACD Codes That Must Not Be Used for Convictions as Changes in 3.1.5.1 Using ACD Codes B19 and B27 Replace the description of ACD codes B19 and B27 as indicated in Table A of this Changes in 3.1.5.3 Using ACD Codes B51, B57, and B78 Replace the description of ACD code B57 as AAMVA Official Use Only 5
Changes in 3.1.5.9 Using ACD Codes M85 and M86 Replace the description of ACD codes M85 and M86 as indicated in Table A of this Changes in 3.1.5.11 Using ACD Codes U07 through U10, U27, U28, and U31 Replace the description of ACD code U09 as Changes in A.1 Alcohol And Drug (Controlled Substances) Violations Replace the description of ACD codes A04, A08, A10, A11, A20, A21, A22, A23, A24, A25, A26, A35, A60, A61 and A94 as Changes in A.2 Duties Failed - Requirements Not Met - Improper Behavior Replace the description of ACD codes B19, B20, B21, B22, B23, B24, B25, B26, B27, B56, B57, B91, D16, D74 and D75 as Changes in A.4 Maneuvers Illegal or Improper Replace the description of ACD codes M09, M10, M20, M21, M22, M23, M24, M80, M81, M82, M83, M84, M85 and M86 as Changes in A.5 Speeding Replace the description of ACD code S97 as Changes in A.6 Unclassified Offenses Replace the description of ACD code U02 and U09 as indicated in Table A of this Changes in A.7 Withdrawals Replace the description of ACD code W45 as Changes in Appendix C: CDL Disqualification Periods for Certain Offenses Replace the description of codes A08, A10, A11, A20, A21, A23, A20, A22, A23, A04, A11, A94, B20, B21, B22, B23, B24, B25, B26 and U09 in Table 12 -- Major Offenses as Replace the description of code M84, B56, B57, B91, M85 and M86 in Table 13 -- Serious Offenses as Replace the description of code M20, M21, M22, M23, M10 and M24 in Table 14 -- Railroad-Highway Grade Crossing Offenses as Replace the description of code B27 and B19 in Table 15 -- Violating Out-of-Service Order Offenses as Replace the description of code W45 in Table 18 -- Withdrawal Disqualification Periods as Changes in E.1.1 Driving Under the Influence over Specified BAC levels (BAC Group) Replace the description of ACD codes A04, A08, A10 and A11 in as indicated in Table A of this AAMVA Official Use Only 6
Changes in E.1.2 General Driving Under the Influence (DUI Group) Replace the description of ACD codes A20, A21, A22, A23, A24, A25 and A26 as Changes in E.1.3 Possession Offenses (POS Group) Replace the description of ACD code A35 as Changes in E.1.6 Underage Drinking Group (UDG Group) Replace the description of ACD codes A60 and A61 as indicated in Table A of this Changes in E.1.7 Administrative Per Se Replace the description of ACD code A94 as Changes in E.2.2 Driving After Withdrawal (DAW Group) Replace the description of ACD codes B19, B20, B21, B22, B23, B24, B25, B26 and B27 as Changes in E.2.3 Driver License/Vehicle Reg. & Title, Miscellaneous Duties (DRM Group) Replace the description of ACD codes B56 and B57 and B91 as indicated in Table A of this Changes in E.2.4 Misrepresentations (MIS Group) Replace the description of ACD code D16 as Changes in E.2.7 Miscellaneous Duty Failure (MDF Group) Replace the description of ACD codes D74 and D75 as indicated in Table A of this Changes in E.4.1 Failure to Obey (FTO Group) Replace the description of ACD codes M09, M10, M20, M21, M22, M23 and M24 as Changes in E.4.5 Reckless, Careless, or Negligent Driving (RCN Group) Replace the description of ACD codes M80, M81, M82, M83, M84, M85 and M86 as Changes in E.5.2 Speeding (SPD Group) Replace the description of ACD code S97 as Changes in E.6.1 Vehicle Use in Prohibited Actions (VUP Group) Replace the description of ACD codes U02 and U09 as indicated in Table A of this Changes in E.7.1 Withdrawal Reasons for Specific Convictions (WRS Group) Replace the description of ACD code W45 as AAMVA Official Use Only 7
6 Change History Version Date Author Description 1.0 4/10/2017 T. Bauza Change proposal created 1.1 4/19/2017 T. Bauza Change proposal approved by ACD working group 1.2 6/30/2017 AAMVA Update to include changes to code B91. AAMVA Official Use Only 8