CSPTA LEGISLATIVE CONFERENCE FEBRUARY 28, 2013 STEVE MONSON COLORADO CDL PROGRAM MANAGER

1. CSPTA LEGISLATIVE CONFERENCEFEBRUARY 28, 2013STEVE MONSONCOLORADO CDL PROGRAM MANAGER

2. DOT MEDICAL • We started collecting DOT’s on all individuals who make any type of CDL application on January 30, 2012. • Program appears to be running well • We have currently collected over 65,000 DOT’s.

3. DOT MEDICAL • Enter about 1,200 DOT’s a month • At that pace, approximately 10,000 individuals will not have DOT’s on file January 30, 2014 • Those individuals will not be eligible to operate a CMV on January 30, 2014

4. DOT MEDICAL • 4,894 Notices have been sent for expired medical • 3,311 were cleared immediately without a cancellation taking place

5. DOT MEDICAL • DOT’s must be readable, we cannot enter what we cannot read • We do try to notify if sender in DOT is unreadable. Please put some type of contact number on the fax. • Doctors filling out incorrectly

6. DOT MEDICAL • Individuals ultimate responsibility to get the DOT to us, not the employer, not the Doctor • Surprising how many people assumed that the DMV has been collecting DOT’s all these years! • Please stress to everyone that all new/updated DOT’s must be sent to the DMV

7. DOT MEDICAL • Fax # to send in DOT’s 303-205-5709 • Mailing address Colorado Department of Revenue Attn. CDL Unit 1881 Pierce St Lakewood CO 80214

8. DOT MEDICAL • Phone numbers to verify if DOT has been received (24-36 hours after sending) • 303-205-5613 • 303-205-5843 • CDLIS MVR’s from Bulk vendors should be available soon.

9. DOT MEDICAL • You can get the CDLIS MVR through us • Free for Government agencies • Call 303-205-5823

10. DOT MEDICALS • Important reminders effective January 30, 2014 • All CDL holders must have their driving certification and DOT on file with the DMV • CDL holders no longer need to carry their DOT certificate when operating a CMV • Employers must have the CDLIS MVR in the employees DQ file instead of the DOT certificate

11. DOT MEDICAL NATIONAL REGISTRY • National Registry of Certified Medical Examiners (National Registry) • Effective May 21, 2014 • All Doctors who wish to continue to do DOT physicals must be registered by then • If not registered, cannot do DOT’s

12. DOT MEDICAL NATIONAL REGISTRY • fmcsa.dot.gov Drives rules/regulations • Search for National Registry of Certified Medical Examiners or • Docket # FMCSA-2008-0363

13. CDL PERMIT RULE • The CDL Permit Rules and Standards was made final in July of 2011. • States must be in compliance no later than July 8, 2014 • Though the rule is final, some items are under re-consideration

14. CDL LEARNER’S PERMIT The CLP must be valid for no more than 180 days from the date of issuance. The State may renew the CLP for an additional 180 days without requiring the CLP holder to retake the general and endorsement knowledge tests. The issuance of a CLP is a precondition to the initial issuance of a CDL. The issuance of a CLP is also a precondition to the upgrade of a CDL if the upgrade requires a skills test.

15. CDL LEARNER’S PERMIT The CLP holder is not eligible to take the CDL skills test in the first 14 days after initial issuance of the CLP. The original rule was for 30 days

16. CDL ENDORSEMENTS • A CLP holder with a P endorsement is prohibited from operating a CMV carrying passengers, other than Federal/State auditors and inspectors, test examiners and other trainees, • A CLP holder with a S endorsement is prohibited from operating a school bus with passengers other than Federal/State auditors and inspectors, test examiners and other trainees

17. CDL FALSE INFORMATION Penalties for false information. If a State determines, in its check of an applicant's license status and record prior to issuing a CLP or CDL, or at any time after the CLP or CDL is issued, that the applicant has falsified information contained in subpart J of this part, the State must at a minimum disqualify the person's CLP or CDL or his/her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least 60 consecutive days.

18. CDL FALSE INFORMATION Drivers convicted of fraud related to the testing and issuance of a CLP or CDL. The State must have policies in effect that result, at a minimum, in the disqualification of the CLP or CDL of a person who has been convicted of fraud related to the issuance of that CLP or CDL. The application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained CLP or CDL must also, at a minimum, be disqualified. The State must record any such withdrawal in the person‘s driving record. The person may not reapply for a new CDL for at least 1 year.

19. CDL FALSE INFORMATION If a State receives credible information that a CLP- or CDL-holder is suspected, but has not been convicted, of fraud related to the issuance of his/her CLP or CDL, the State must require the driver to re-take the skills and/or knowledge tests. Within 30 days of receiving notification from the State that re-testing is necessary, the affected CLP- or CDL-holder must make an appointment or otherwise schedule to take the next available test. If the CLP- or CDL-holder fails to make an appointment within 30 days, the State must disqualify his/her CLP or CDL.

20. CDL TESTING A skills tester that is also a driver training school is prohibited from administering a skills test to an applicant who was trained by that training school. Exception: When the nearest alternative third party tester or State skills testing facility is over 50 miles from the training school, the SDLA may allow the training school to skills test the applicant it trained provided the individual skills test examiner did not train the applicant; FMCSA Decision: FMCSA will address in a final rule that fewer restrictions be placed on a training school that also engages in 3rd party skills testing

21. CDL TESTING Minimum number of tests conducted. The State must revoke the skills testing certification of any examiner who does not conduct skills test examinations of at least 10 different applicants per calendar year. Exception: Examiners who do not meet the 10-test minimum must either take the refresher training specified in § 384.228 of this chapter or have a State examiner ride along to observe the third party examiner successfully administer at least one skills test. FMCSA denied any reconsideration on this rule

22. CDL RESTRICTIONS Full air brake. If an applicant performs the skills test in a vehicle equipped with air over hydraulic brakes, the State must indicate on the CDL, if issued, that the person is restricted from operating a CMV equipped with any braking system operating fully on the air brake principle. For the purposes of the skills test and the restriction, air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.

23. CDL RESTRICTIONS Manual transmission. If an applicant performs the skills test in a vehicle equipped with an automatic transmission, the State must indicate on the CDL, if issued, that the person is restricted from operating a CMV equipped with a manual transmission.

24. BONDING REQUIREMENTS • Current – 3rd Party skills testers must maintain bonds that are sufficient to pay for re-testing of drivers • Petition – Request that bonding requirement only apply to non-government agencies • Decision – FMCSA will address in a final rule the bonding of non-government entities

25. BACKGROUND CHECKS • 49 CFR 384.228(h) States must conduct annual nationwide criminal background checks on all knowledge and skills test examiners. • Petition – Annual background checks are burdensome and not productive. • Decision – FMCSA will address States concerns in a final rule.

26. RESCIND THE CERTIFICATION • Rescind the certification to administer CDL tests of all test examiners who: • (1) Do not successfully complete the required refresher training every four years; or • (2) Do not pass annual nationwide criminal background checks. Criteria for not passing the criminal background check must include at least the following: • (i) Any felony conviction within the last 10 years; or • (ii) Any conviction involving fraudulent activities.

27. PROOF of CITIZENSHIP or LAWFUL PERMANENT RESIDENCY • A State is only required to check the proof of citizenship or legal presence specified in this paragraph for initial issuance of a CLP, transfer of CDL from another State or for drivers renewing a CDL for the first time after July 8, 2011, provided a notation is made on the driver's record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done;

28. CELL PHONE USE • No texting allowed in a CMV. • Prohibit cell phone use in a CMV. • Hands free is okay and can enter 1 digit

29. School bus operations have been the focus of distracted driving policies; and many cities, towns, and counties prohibit cell phone use or texting by school bus operators. The National Association of State Directors of Pupil Transportation Services, in a letter to the U.S. Senate dated August 7, 2009, stated that it supports S. 1536, which would require States to prohibit all motorists from writing, sending, or reading text messages while driving

30. COLORADO VETS 2 TRUCKS • Colorado Government Supports our Troops • 49 CFR 383.77 allows states at it’s discretion to waive the CDL skills test to qualifying individuals who have recently or are about to separate from the military and have big truck experience. • Colorado began honoring this regulation this month

31. COLORADO VETS 2 TRUCKS • 2 years big truck driving experience • Less than 90 days separated from the military • Experience must be verifiable and certified by commanding officer • Safe driving record as spelled out in the regulations • Must pass all required CDL knowledge tests

32. COLORADO VETS 2 TRUCKS • Individual fills out a waiver application and has it certified by commanding officer • Individual sends the application to the CDL Unit • Application and driving record is verified • If cleared, individual is notified to come in and get their CDL. • Does not allow for passenger transport vehicles

33. QUESTIONS?

34. STEVE MONSONCOLORADO CDL PROGRAM MANAGER303-205-5829smonson@dor.state.co.usHARRY HUTCHINGSCOLORADO CDL PROGRAM ASSISTANT303-205-5983hhutchings@dor.state.co.us