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A Prosecutor's Guide to the Basics of Commercial Motor Vehicle

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A Prosecutor's Guide to the Basics of Commercial Motor Vehicle Commercial Drivers’ Licenses: A Prosecutor’s Guide to the Basics of Commercial Motor Vehicle Licensing and Violations S ECOND E DITION National District Attorneys Association 1400 Crystal Drive Suite 330 Arlington, VA 22202 www.ndaajustice.org Nelson O. Bunn, Jr., Acting Executive Director National Traffic Law Center A Program of the National District Attorneys Association www.ndaajustice.org/ntlc_home.html Tom Kimball, Program Director Federal Motor Carrier Safety Administration 1200 New Jersey Avenue, SE Suite W60-300, Washington, DC 20590 www.fmcsa.dot.gov Daphne Y. Jefferson, Deputy Administrator The National District Attorneys Association (NDAA) created this document through financial support and assistance from the United States Department of Transportation, Federal Motor Carriers Administration (FMCSA), under grant number FM-CDL-0202-15-01-00. NDAA is not part of the U.S. Government, the U.S. Department of Transportation (DOT), or the FMCSA. Therefore, NDAA does not represent the official position or policies of the FMCSA, the U.S. DOT, or the U.S. government. Particular points of view, opinions or legal interpretations expressed in the primer are those of the authors and do not necessarily represent the official position, polices or opinions of the National District Attorneys Association. Commercial Drivers’ Licenses: A Prosecutor’s Guide to the Basics of Commercial Motor Vehicle Licensing and Violations S ECOND E DITION 2017 AUTHORS : Peter Grady, Senior Attorney, National Traffic Law Center Tim Barker, State of Pennsylvania Andrew P. Thierwechter, Pennsylvania State Police Christopher Daniels, State of Indiana Dale Kasparek, National Center for State Courts Elizabeth Earleywine, FMCSA Legal Division C ONTRIBUTORS : Stacey Fersko Grant, Staff Attorney, National Traffic Law Center Dale Farmer, Farmer Collision Analysis, ACTAR 1182 Romana Lavalas, Senior Attorney, National Traffic Law Center A UTHORS OF F IRST E DITION : John Harmon, Tennessee Highway Patrol Ken Sellers, Texas Highway Patrol Kristen Shea, former Senior Attorney, National Traffic Law Center Karen Wittman, State of Kansas Contents Acknowledgements ........................................................................................................................................................................................iii Foreword ............................................................................................................................................................................................................v A Brief History .................................................................................................................................................................................................vii CDL Basics: The Commercial Motor Vehicle Safety Act (CMVSA) .........................................................................................................................1 Commercial Driver’s License Information System (CDLIS) .......................................................................................................................2 Situations Requiring a CDL .............................................................................................................................................................................2 Licensing Requirements ..................................................................................................................................................................................2 Skills/Knowledge Testing ...................................................................................................................................................................4 Medical Qualification .........................................................................................................................................................................4 Drug and Alcohol Testing ...................................................................................................................................................................4 Background Check ..............................................................................................................................................................................5 Classes/Groups of CMV’s and CDL’s ..............................................................................................................................................................6 Endorsements ......................................................................................................................................................................................6 Restrictions ..........................................................................................................................................................................................6 Commercial Learner’s Permit (CLP) .................................................................................................................................................8 Exemptions ...........................................................................................................................................................................................8 Driver Responsibilities .......................................................................................................................................................................................................9 Safety Inspections ..........................................................................................................................................................................................10 Records .............................................................................................................................................................................................................10 Hours-of-Service .............................................................................................................................................................................................10 Documenting Hours-of-Service ...................................................................................................................................................................12 Out-of-Service Orders ....................................................................................................................................................................................13 Responsibilities of Carriers (Owners/Employers )......................................................................................................................................................14 Why Prosecution? How CDL Law Affects the Public .................................................................................................................................................15 Safety and Liability Issues ............................................................................................................................................................................15 Prosecution: Securing and Evaluating Evidence ........................................................................................................................................................17 Evidence from a Commercial Motor Vehicle Crash ....................................................................................................................17 Scene ..................................................................................................................................................................................................17 Examining the Commercial Motor Vehicle in General ................................................................................................................18 Examining the Vehicle and Its Engine ............................................................................................................................................19 Vehicle ABS Electronic Control Units ............................................................................................................................................20 Fleet Management Systems ............................................................................................................................................................20 Miscellaneous Electronic Devices .................................................................................................................................................20 Vehicle Search and Mechanical Inspection ................................................................................................................................21 Driver ...................................................................................................................................................................................................22 The Motor Carrier ..............................................................................................................................................................................22 Medical Evidence ..............................................................................................................................................................................23 Impairment by Alcohol or Other Drugs ..........................................................................................................................................25 Charging Considerations—Recklessness .................................................................................................................................................26
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