Commercial Driving Resource Center
A goal of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce the number of fatalities, personal injuries, and property losses resulting from crashes involving commercial vehicles. The National Center for State Courts (NCSC) as a FMCSA grant recipient, is engaged in outreach, research, and technology initiatives in the court community to help achieve expectations for safer highways. NCSC provides information on this website in support of that goal.
§383 Subpart D – Driver Disqualification and Penalties
Enforcement, prosecution, adjudication and penalties pertaining to commercial drivers are impacted by state law, Federal law, and regulation making cases involving commercial drivers complex. Definitions are frequently part of the complexity. 49CFR §383 Subpart D provides some specifics, describing in four tables, the offenses and associated penalties for which a commercial driver may be disqualified. Of all the provisions regulating commercial driving, it is one of the more important provisions involving courts. The National Center for State Courts assisted the Honorable Gary A. Graber in web enabling a spreadsheet tool that he developed for use in his courtroom, hoping that it may help other judges. We encourage you to make use of the Disqualification Tool. If you would like to provide feedback concerning the tool to Judge Graber – his contact information can be found on the States page of this web site.
Become More CDL Aware
When a commercial driver is convicted of certain offenses, the state-of-conviction driver licensing agency must update their own driver records or notify the state-of-record driver licensing agency of a conviction of an out-of-state driver through the Commercial Driver License Information System (CDLIS). The conviction updates are required to be made within 10 days of the date of conviction. From 2014 to 2015 the number of convictions reported within the time-frame improved. However, 26% of convictions are still not reported timely, allowing higher risk drivers to remain on the road. Download NCSC’s report under Lessons Learned, under the NCSC Project Work tab.
NCSC hosted a Data Exchange Working Group in March of 2014 to begin work on a GRA-NIEM compliant data exchange that will enable courts to report convictions involving commercial drivers to state drivers licensing agencies. Today, NCSC's CDL Data Exchange Working Group is helping finalize the Working Draft of the Court2SDLA Disposition Reporting Service Specification. In the months ahead, NCSC will engage pilot sites to test the draft service specification. You can find more information here.
Archived Webcast Series
- Compliance: Masking and Other State Court Challenges
- Compliance: Notification of Non-Compliance
- Compliance: Compliance in Progress
- Compliance: A Best Practice
- Compliance: State DMV Perspectives
- Compliance: State Court Perspectives
Which Commercial Driving Cases Should Go To Court?
Victor E. Flango and F. Dale Kasparek, Jr.
Many states are examining their core missions to determine which types of cases must be heard according to state constitution or statute. This article suggests that cases involving holders of commercial driver’s licenses (CDL) might best be heard first by departments of motor vehicles, with appeals to state courts.
- Reimagining Courts: A Design for the Twenty-First Century
Victor E. Flango and Thomas M. Clarke
What courts need to do to deal with growing caseloads and better serve litigants is the subject of Reimagining Courts: A Design for the Twenty-First Century, by Victor E. Flango, retired executive director of program resource development, and Thomas M. Clarke, vice president for research and technology, National Center for State Courts. The authors describe a “new vision” for courts organized around the types of cases courts are designed to handle and adopting the concept of a litigant as a “customer.” They suggest examining, disentangling, and redefining key court processing tracks to better serve the court customer and a method of "case triage" to select the most effective and most appropriate processing track. The book was published by Temple University Press in Philadelphia. To purchase this publication, please click on the book image.