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Truck
Accident News
FMCSA Proposes To Require Disqualification Of Commercial Drivers Convicted Of Serious Driving Violations
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) proposed a requirement that drivers of large trucks or buses who are subject to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) be disqualified from driving if convicted of certain offenses while driving any vehicle.
"It makes perfect sense to hold CMV drivers accountable for driving convictions while operating any type of motor vehicle," Acting Deputy FMCSA Administrator Julie Anna Cirillo said. "Because of the importance of their job, these drivers should be held to the highest standard of safety. This requirement would improve truck safety and support the Bush Administration's goal to reduce the number of truck-related fatalities."
The proposed rulemaking would require states to disqualify a driver's commercial drivers license (CDL) upon conviction, and employers would be required to prohibit these disqualified drivers from operating commercial motor vehicles (CMV). The purpose of the proposal is to improve safety by ensuring that only safe drivers operate large trucks and buses. The FMCSA estimates that nearly 500 CMV-related crashes would be avoided annually as a resultof these disqualifications.
A driver can be disqualified for one year for a first time conviction of the following offenses while operating a commercial vehicle.
Penalties can include: Driving under the influence of alcohol or any drugs; Driving with an alcohol concentration of .04 or more; Leaving the scene of an accident; Using a commercial vehicle in the commission of a felony; or Refusing to take a blood alcohol test. If convicted of any of the above while operating a vehicle placarded for hazardous materials, the disqualification increases to three years.
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Definition:
A start from a parked or stopped position in the direction of the rear of the motor vehicle.
Commercial Motor Vehicle
Definition:
Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle (1) has a gross vehicle weight rating or gross combination weight rating or gross vehicle weight or gross combination weight, of more than 10,000 lbs or 4,536 kg or (2) used for commercial transport of more than 8 passengers (including the driver); or (3) is used for non-commercial transport of more than 15 passengers, including the driver; or (4) is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transporting in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Bikeway
Definition:
Any road, path, or way which is specifically designated as being open to bicycle travel regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
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