RECENT TRENDS IN TRAFFIC SAFETY CASES – Commercial Drivers Licenses (East Bound and Down)

1. RECENT TRENDS IN TRAFFIC SAFETY CASES – Commercial Drivers Licenses (East Bound and Down) Michael J. Kramer Judge, Noble Superior Court, Div. 2

2. 2006 Fatal Crashes • In 2006 - 4,732 large trucks were involved in fatal traffic crashes.

3. 2006 Fatal Crashes • In 2006 - 4571 vehicle occupants died in crashes involving a large truck. 331 vehicle occupants dies in crashes involving a bus

4. What is the relationship between these 3 numbers (80,000, 55 and 300)? • 80,000 pound Commercial Motor Vehicle (CMV) • at 55 m.p.h. • Stopping distance of up to 300 feet (Length of a football field). • Does not account for reaction time.

5. Something for Jamie

6. Who is Required to be Licensed? Hold a CDL • Any Person Who Operates a Commercial Motor Vehicle. • 49 U.S.C. §31301, 49 CFR §383.3, I.C. 9-24-1-6

7. What is a CMV? I.C. 9-13-2-31 • A motor vehicle or combination of motor vehicles, used in commerce, to transport passengers or property, that:

8. What is a CMV? • 1. Vehicle has a gross combinationweight rating (GCWR) of 26,001 ormore pounds, inclusive of a towedunit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or • 2. If the vehicle has a gross vehicle rating (GVWR) of 26,001 or more pounds.

9. What is a CMV? • or, 3. If the vehicle has a GVWR of 26,000 pounds or less and: • a. Is designed to transport 16 or more passengers, including the driver; or • b. Is transporting hazardous materials that are required to be placarded.

10. GCWR and GVWR • Gross Combined Weight Rating and Gross Vehicle Weight Rating • “Weight of the vehicle or combination of vehicles plus the maximum safe load to be transported.” • Set by the vehicle manufacturer

11. CDL - Class A • Combination Vehicle, and • Gross Combination Weight Rating (GCWR) of 26,001 or more pounds and a GVWR for the towed vehicle(s) of more than 10,000 pounds.

12. CDL - Class B • Gross vehicle weight rating of26,001 pounds or more; • Any such vehicle towing a vehicle(s) of 10,000 pounds or less.

13. CDL - Class C • Any single vehicle or combination ofvehicles, that meets neither the definition of Class A or that of Class B that is: • Is designed to transport 16 or more passengers; or • Is transporting hazardous materials required to be placarded or contains select agents or toxins.

14. CDL - Endorsements • “T” - Double/Triple Trailers • “P” - Passenger Vehicles • “N” - Tank Vehicles • “H” - Hazardous Materials • “X” - Combined “H” and “N” Endorsements • “S” - School Bus

15. CDL - Air Brake Restriction • Persons who fail the air brake section of the CDL knowledge test; or • Persons who do not take the skills driving test in a CMV equipped with air brakes.

16. CDL – ExemptionsI.C. 9-24-6-1(b)(2) • Operators of: • vehicles transporting their own personal property; or • recreational vehicles for non-business purposes; • Both cases - not operating in commerce

17. CDL – ExemptionsI.C. 9-24-6-1(b)(3) • Farmer operating a farm vehicle that is: • -- controlled and operated by a farmer,employees, or family member; • -- transporting agricultural product, farmmachinery, or farm supplies to or from a farm; • -- limited to 150 miles from farm; and • -- cannot be a common or contract motor carrier.

18. CDL - Exemptions • Military personnel who operate CMVs: • -- active duty military personnel • -- members of the military reserves • -- active duty national guard • -- part-time national guard training • -- national guard technicians • -- active duty U.S. Coast Guard.

19. “Zero Tolerance” for Alcohol Use • Due to the serious effects caused by the combination of alcohol use and operating a CMV, Federal regulations establish a “zero tolerance” regarding the use of alcohol while operating a CMV.

20. “Zero Tolerance” for Alcohol Use • “No” Alcohol • No consumption or under-the- influence: • -- within 4 hours of operating; • -- while operating/physical control; • No possession of intoxicating beverages.

21. “Zero Tolerance” for Alcohol Use • Implied Consent: As condition of licensure, agree to submit to a chemical test for alcohol • Level of Suspicion to test: • Not “probable cause” • Only “reasonable suspicion”

22. What is “Disqualification? • 49 CFR §383.5 - Suspension, revocation, cancellation or any other withdrawal of a person’s privilege to drive a CMV. • Indiana and Some States - Withdraws only the privilege to drive CMV; non-CDL class vehicles not affected with disqualification.

23. Basis for Disqualification: • Conviction – an unvacated adjudication of guilt; finding by a court or administrative body of a violation; forfeiture of bail; plea of guilty or nolocontendere; payment of fine or court cost; or violation of a condition of release without bail. 49 CFR §383.5

24. Disqualifying Offenses • Major Offenses • Serious Traffic Violations • Railroad Grade Crossing Violations • Violations of Out-Of-Service Orders

25. Major Disqualifying Offenses • 49 CFR 383.51(b) I.C. 9-24-6-8 • I.C.9-24-6-2(d) • CMV or Non-CMV • Driving under influence of alcohol or controlled substance • Refusal to submit to alcohol testing • Leaving the scene of an accident • Felony involving use of vehicle • Felony involving manufacture, distribution or dispensing of controlled substance

26. Major Disqualifying Offenses • CMV Only • Alcohol concentration of 0.04% or > • Causing a fatality through the negligent operation • Driving when CDL is suspended.

27. Disqualification for Major OffensesI.C. 9-24-6-9 • First Conviction = 1 Year disqualification of CDL • Does not include CMV or non-CMV felony that is drug-related.

28. Disqualification for Major OffensesI.C. 9-24-6-10 • First Conviction = 3 Years • While transporting placarded quantities of Hazardous Materials • Does not include CMV or non-CMV felony that is drug-related.

29. Disqualification for Major Offenses • First Conviction – Mandatory Lifetime • Use of CMV or non-CMV in the commission of a felony involving the manufacture, distribution or dispensing of controlled substances; • Permanent disqualification. No State option to reduce time.

30. Disqualification for Major Offenses • Second Conviction = Lifetime (10 year reinstatement possible) • Offenses arise out of separate incidents • Conviction of any two offenses involving a CMV and/or non-CMV • No time limit between offenses

31. Disqualification for Major Offenses • Lifetime Disqualification May Be Reduced to 10 Years • Discretion given to each state to allow re-licensure after 10 years. • Not all states will re-license.

32. Serious Traffic Violations 49 CFR § 383.51(c)I.C. 9-24-6-6 • CMV or Non-CMV • Excessive speed - 15 mph or more over speed limit • Reckless Driving • Improper / Erratic lane change • Following too close • Traffic violation in connection with fatal accident

33. Serious Traffic Violations • CMV Only • Driving without obtaining a CDL • Driving without a CDL in driver’s possession • Driving without proper class of CDL and/or endorsements • Operating a vehicle while disqualified

34. Disqualification for Serious Traffic ViolationsI.C. 9-24-6-7(a) • 1st conviction = No disqualification • 2nd conviction = 60 days • 3rd or subsequent conviction = 120 days • Violations must occur within 3-year period.

35. Railroad Grade Crossing Violations - CMV Only • Blocking traffic at a railroad crossing • Failing to slow down and check at a railroad crossing in violation of statute • Failing to obey a traffic control device or directions of a law enforcement officer at a railroad crossing • Stopping at a railroad crossing because of insufficient undercarriage clearance

36. Disqualification forRailroad Grade Crossing ViolationsI.C. 9-24-6-7(b) • 1st conviction = 60 days • 2nd conviction = 120 days • 3rd or subsequent conviction = 1 year • Violations must occur within 3-year period.

37. Out-Of-Service Order • Driver or vehicle related. • Cannot operate a CMV for any reason.

38. Driving While Subject to an Out-of-Service Order • Disqualifying offense • 49 CFR § 383.51(e)

39. Disqualification for Violation of an Out-Of-Service Order • 1ST Conviction = 90 days to 1 year (180 day minimum eff. 9/10/2010) • 1ST Conviction – (transporting placarded quantities of hazardous materials (HM) or operating a vehicle designed to transport 16 or more passengers) = 180 days to 2 years.

40. Disqualification for Violation of an Out-Of-Service Order • 2nd Conviction = 1 to 5 yrs. (2 year minimum eff. 9/10/2010) • 2nd Conviction (transporting placarded quantities of HM or operating a vehicle designed to transport 16 or more passengers) = 3 to 5 years.

41. Out-Of-Service • 3rd or Subsequent Conviction = 3 to 5 years • Violations must occur within 10-year period.

42. Civil Penalties for Violation of an Out-Of-Service Order • Drivers: $1,100 to $2,750 (eff. 9/4/2010 no less than $2,500 for first offense and no less than $5,000 for subsequent offenses) (49 CFR 383.53) • Employer: $2,750 to $11,000 against an employer who knowingly permits or requires driver to operate a CMV while subject to an O-O-S order (eff. 9/4/2010 $2,750 to $25,000) (49 CFR 383.53)

43. Railroad-Highway Grade Crossing Violations 49 CFR § 383.51(d) • For drivers who are not required to always stop: • Failing to slow down and check that thetracks are clear of an approaching train; • Failing to stop before reaching the crossing, if the tracks are not clear.

44. Railroad-Highway Grade Crossing Violations • For drivers who are always required to stop: • Failing to stop before driving onto crossing.

45. Railroad-Highway Grade Crossing Violations • For all drivers: • Failing to have sufficient space to drive completely through the crossing without stopping; • Failing to obey traffic control device or instructions of enforcement official at crossing; • Failing to negotiate a crossing due toinsufficient undercarriage clearance.

46. Disqualification for Railroad-Highway Grade Crossing Violations • 1st Conviction = 60 days • 2nd Conviction = 120 days • 3rd or Subsequent Conviction = 1 year • Violations must occur within a 3-year period.

47. Civil Penalties for Railroad-Highway Grade Crossing Violations • Employer: Civil penalty of not more than $10,000 must be assessed against an employer who knowingly permits or requires driver to operate a CMV in violation of railroad-highway grade crossing laws or regulations (49 CFR 383.53)

48. Transmitting Out-of-State Convictions 49 CFR 384.209 • Related to motor vehicle traffic control in: • Any vehicle by a CDL holder • CMV by a person required to have a CDL • Must be sent to the licensing State within: • 10 days of the conviction

49. Posting Convictions and Disqualifications49 CFR § 384.225 • All convictions and disqualifications in: • Any vehicle by a CDL holder • CMV by a person required to have a CDL • Must be made available to authorized persons within 10 days of: • Date of conviction, if in same State • Receiving information from out-of-State.

50. Masking Convictions 49 CFR § 384.226 • A state must not mask, defer imposition of a judgment, or allow an individual to enter into a diversion program that would prevent a conviction in any type of vehicle from appearing on the CDL driver’s record.