DOT 49 CFR PART 383-2010 COMMERCIAL DRIVER扴 LICENSE STANDARDS REQUIREMENTS AND PENALTIES.pdf

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1、183 Federal Motor Carrier Safety Administration, DOT Pt. 383 controlled substances, protect the driv-er and the integrity of the testing proc-esses, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, in-cluding post-accident information, p

2、ro-cedures and instructions required by 382.303(d); (7) The requirement that a driver submit to alcohol and controlled sub-stances tests administered in accord-ance with this part; (8) An explanation of what con-stitutes a refusal to submit to an alco-hol or controlled substances test and the attend

3、ant consequences; (9) The consequences for drivers found to have violated subpart B of this part, including the requirement that the driver be removed imme-diately from safety-sensitive functions, and the procedures under part 40, sub-part O, of this title; (10) The consequences for drivers found to

4、 have an alcohol concentration of 0.02 or greater but less than 0.04; (11) Information concerning the ef-fects of alcohol and controlled sub-stances use on an individuals health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the drivers or a co-workers

5、); and available methods of intervening when an alcohol or a con-trolled substances problem is sus-pected, including confrontation, refer-ral to any employee assistance pro-gram and or referral to management. (c) Optional provision. The materials supplied to drivers may also include in-formation on

6、additional employer poli-cies with respect to the use of alcohol or controlled substances, including any consequences for a driver found to have a specified alcohol or controlled sub-stances level, that are based on the em-ployers authority independent of this part. Any such additional policies or c

7、onsequences must be clearly and obvi-ously described as being based on inde-pendent authority. (d) Certificate of receipt. Each em-ployer shall ensure that each driver is required to sign a statement certifying that he or she has received a copy of these materials described in this sec-tion. Each em

8、ployer shall maintain the original of the signed certificate and may provide a copy of the certificate to the driver. 382.603 Training for supervisors. Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at

9、 least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to de-termine whether reasonable suspicion exists to require a driver to undergo testing under 382.307. The training shall include the physical, behavioral, speech, and performance

10、indicators of probable alcohol misuse and use of con-trolled substances. Recurrent training for supervisory personnel is not re-quired. 382.605 Referral, evaluation, and treatment. The requirements for referral, eval-uation, and treatment must be per-formed in accordance with 49 CFR part 40, Subpart

11、 O. PART 383COMMERCIAL DRIVERS LICENSE STANDARDS; REQUIRE-MENTS AND PENALTIES Subpart AGeneral Sec. 383.1 Purpose and scope. 383.3 Applicability. 383.5 Definitions. 383.7 Validity of CDL issued by decertified State. Subpart BSingle License Requirement 383.21 Number of drivers licenses. 383.23 Commer

12、cial drivers license. Subpart CNotification Requirements and Employer Responsibilities 383.31 Notification of convictions for driver violations. 383.33 Notification of drivers license sus-pensions. 383.35 Notification of previous employment. 383.37 Employer responsibilities. Subpart DDriver Disquali

13、fications and Penalties 383.51 Disqualification of drivers. 383.52 Disqualification of drivers deter-mined to constitute an imminent hazard. 383.53 Penalties. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFR

14、Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-184 49 CFR Ch. III (10110 Edition) 383.1 Subpart ETesting and Licensing Procedures 383.71 Driver application procedures. 383.72 Implied consent to alcohol testing. 383.73 State procedures. 383.75 Third

15、party testing. 383.77 Substitute for driving skills tests. Subpart FVehicle Groups and Endorsements 383.91 Commercial motor vehicle groups. 383.93 Endorsements. 383.95 Restrictions. Subpart GRequired Knowledge and Skills 383.110 General requirement. 383.111 Required knowledge. 383.113 Required skill

16、s. 383.115 Requirements for double/triple trail-ers endorsement. 383.117 Requirements for passenger endorse-ment. 383.119 Requirements for tank vehicle en-dorsement. 383.121 Requirements for hazardous mate-rials endorsement. 383.123 Requirements for a school bus en-dorsement. APPENDIX TO SUBPART GRE

17、QUIRED KNOWL-EDGE AND SKILLSSAMPLE GUIDELINES Subpart HTests 383.131 Test procedures. 383.133 Testing methods. 383.135 Minimum passing scores. Subpart IRequirement for Transportation Security Administration approval of hazardous materials endorsement issuances 383.141 General. Subpart JCommercial Dr

18、ivers License Document 383.151 General. 383.153 Information on the document and application. 383.155 Tamperproofing requirements. AUTHORITY: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107 56; 115 Stat. 397; sec.

19、4140 of Pub. L. 10959, 119 Stat. 1144, 1726; and 49 CFR 1.73. SOURCE: 52 FR 20587, June 1, 1987, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 383 appear at 66 FR 49872, Oct. 1, 2001. Subpart AGeneral 383.1 Purpose and scope. (a) The purpose of this part is to help reduce or p

20、revent truck and bus acci-dents, fatalities, and injuries by requir-ing drivers to have a single commercial motor vehicle drivers license and by disqualifying drivers who operate com-mercial motor vehicles in an unsafe manner. (b) This part: (1) Prohibits a commercial motor ve-hicle driver from havi

21、ng more than one commercial motor vehicle drivers li-cense; (2) Requires a driver to notify the drivers current employer and the driv-ers State of domicile of certain convic-tions; (3) Requires that a driver provide pre-vious employment information when applying for employment as an oper-ator of a c

22、ommercial motor vehicle; (4) Prohibits an employer from allow-ing a person with a suspended license to operate a commercial motor vehicle; (5) Establishes periods of disquali-fication and penalties for those persons convicted of certain criminal and other offenses and serious traffic violations, or

23、subject to any suspensions, revoca-tions, or cancellations of certain driv-ing privileges; (6) Establishes testing and licensing requirements for commercial motor ve-hicle operators; (7) Requires States to give knowledge and skills tests to all qualified appli-cants for commercial drivers licenses w

24、hich meet the Federal standard; (8) Sets forth commercial motor ve-hicle groups and endorsements; (9) Sets forth the knowledge and skills test requirements for the motor vehicle groups and endorsements; (10) Sets forth the Federal standards for procedures, methods, and minimum passing scores for Sta

25、tes and others to use in testing and licensing commer-cial motor vehicle operators; and (11) Establishes requirements for the State issued commercial license docu-mentation. 52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 54 FR 40787, Oct. 3, 1989 VerDate Mar2010 08:20 Dec 16, 2

26、010 Jkt 220216 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-185 Federal Motor Carrier Safety Administration, DOT 383.3 383.3 Applicability. (a) The rule

27、s in this part apply to every person who operates a commer-cial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. (b) The exceptions contained in 390.3(f) of this subchapter do not apply to this part. The employers and drivers id

28、entified in 390.3(f) must comply with the requirements of this part, unless otherwise provided in this section. (c) Exception for certain military driv-ers. Each State must exempt from the requirements of this part individuals who operate CMVs for military pur-poses. This exception is applicable to

29、active duty military personnel; mem-bers of the military reserves; member of the national guard on active duty, including personnel on full-time na-tional guard duty, personnel on part- time national guard training, and na-tional guard military technicians (ci-vilians who are required to wear mili-t

30、ary uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve tech-nicians. (d) Exception for farmers, firefighters, emergency response vehicle drivers, and drivers removing snow and ice. A State may, at its discretion, exempt individ-uals identified in

31、paragraphs (d)(1), (d)(2), and (d)(3) of this section from the requirements of this part. The use of this waiver is limited to the drivers home State unless there is a reci-procity agreement with adjoining States. (1) Operators of a farm vehicle which is: (i) Controlled and operated by a farmer, inc

32、luding operation by employ-ees or family members; (ii) Used to transport either agricul-tural products, farm machinery, farm supplies, or both to or from a farm; (iii) Not used in the operations of a common or contract motor carrier; and (iv) Used within 241 kilometers (150 miles) of the farmers far

33、m. (2) Firefighters and other persons who operate CMVs which are necessary to the preservation of life or property or the execution of emergency govern-mental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks,

34、 hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emer-gencies. (3)(i) A driver, employed by an eligi-ble unit of local government, operating a commercial motor vehicle within the boundaries of that unit for

35、 the purpose of removing snow or ice from a road-way by plowing, sanding, or salting, if (A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is un-able to operate the vehicle; or (B) The employing governmental en-tity determines that a snow or ice

36、 emergency exists that requires addi-tional assistance. (ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles. (e) Restricted commercial drivers license (CDL) for certain drivers in the State of Alaska. (1) The State of Alaska may

37、, at its discretion, waive only the following requirements of this part and issue a CDL to each driver that meets the con-ditions set forth in paragraphs (e) (2) and (3) of this section: (i) The knowledge tests standards for testing procedures and methods of sub-part H, but must continue to admin-is

38、ter knowledge tests that fulfill the content requirements of subpart G for all applicants; (ii) All the skills test requirements; and (iii) The requirement under 383.153(a)(4) to have a photograph on the license document. (2) Drivers of CMVs in the State of Alaska must operate exclusively over roads

39、 that meet both of the following criteria to be eligible for the exception in paragraph (e)(1) of this section: (i) Such roads are not connected by land highway or vehicular way to the land-connected State highway system; and (ii) Such roads are not connected to any highway or vehicular way with an

40、average daily traffic volume greater than 499. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-186 49 CFR Ch.

41、 III (10110 Edition) 383.3 (3) Any CDL issued under the terms of this paragraph must carry two re-strictions: (i) Holders may not operate CMVs over roads other than those specified in paragraph (e)(2) of this section; and (ii) The license is not valid for CMV operation outside the State of Alaska. (

42、f) Restricted CDL for certain drivers in farm-related service industries. (1) A State may, at its discretion, waive the required knowledge and skills tests of subpart H of this part and issue re-stricted CDLs to employees of these designated farm-related service indus-tries: (i) Agri-chemical busine

43、sses; (ii) Custom harvesters; (iii) Farm retail outlets and sup-pliers; (iv) Livestock feeders. (2) A restricted CDL issued pursuant to this paragraph shall meet all the re-quirements of this part, except subpart H of this part. A restricted CDL issued pursuant to this paragraph shall be ac-corded t

44、he same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a persons use of the CDL in a non-CMV during either vali-dated or non-validated periods, nor shall the CDL affect a States power to administer

45、its driver licensing program for operators of vehicles other than CMVs. (3) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows: (i) Applicants must have a good driv-ing record as defined in this paragraph. Drivers who have not held any motor vehicle operators l

46、icense for at least one year shall not be eligible for this CDL. Drivers who have between one and two years of driving experience must demonstrate a good driving record for their entire driving history. Drivers with more than two years of driving experience must have a good driving record for the tw

47、o most recent years. For the purposes of this para-graph, the term good driving record means that an applicant: (A) Has not had more than one li-cense (except in the instances specified in 383.21); (B) Has not had any license sus-pended, revoked, or canceled; (C) Has not had any conviction for any t

48、ype of motor vehicle for the dis-qualifying offenses contained in 383.51(b); (D) Has not had any conviction for any type of motor vehicle for serious traffic violations; and (E) Has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a p

49、arking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault. (ii) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the sea-sonal period or periods as defined by the State of licensure, provided that the total number of calendar days in any 12-month period for which the re-stricted CDL is valid does not exceed 180. If a State e