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FMCSA Proposes an End to Self Reporting Out of State Traffic Violation

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Week of July 30, 2012
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The Federal Motor Carrier Safety Administration has proposed a new, more efficient, process for reporting out of state traffic convictions to home state licensing agencies.

As the regulations currently stand, if you were to be convicted of a traffic violation in a state other than your home state, the regulations require that you, the driver, report that violation to your home state licensing agency. The regulations also require the state in which the violation occurred to report the conviction to your state licensing agency.

The Federal Motor Carrier Safety Administration is proposing that, when possible, that redundancy should be eliminated. In a Notice of Proposed Rulemaking issued in the Federal Register this week, FMCSA has suggested that when a State has reported a conviction, a driver should not have to.

Proposed Rule Change

The new rule would create a much more common sense system. Once you receive your conviction, the state that issued it will send notification to your home state and you will be considered in compliance with regulations automatically.

The NPRM does state that one state will not be participating in the this system (the state is not named) as that state does not report convictions electronically.

The new regulations would read as follows:
PART 383--COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
1. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1726; and 49 CFR 1.73.
2. Amend Sec. 383.31(a) by revising paragraph (a) and adding new paragraph (d), to read as follows:
Sec. 383.31 Notification of convictions for driver violations.
(a) Except as provided in paragraph (d) of this section, each person who operates a commercial motor vehicle, who has a commercial driver’s license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her license, shall notify an official designated by the State or jurisdiction which issued such license, of such conviction. The notification must be made within 30 days after the date that the person has been convicted.
* * * * *
d) A person is considered to be in compliance with the requirements of paragraph (a) of this section if the State or jurisdiction that issued the citation resulting in a conviction is in substantial compliance with 49 CFR part 384, subpart B, and has not been de-certified in accordance with 49 CFR 384.405.

Triggered By Comments

Interestingly, this proposal was triggered by a response to a request for comments that the agency issued in 2011. FMCSA asked the industry for suggestions on how it could streamline the regulatory process and this was one of the suggestions.

Commenting on this Proposal

The agency is accepting comments on this proposal for 60 days (it was published on Aug. 2.) When submitting comments, you must reference Docket No. FMCSA-2012-0172. Comments can be made four ways:
Online at the Federal eRulemaking Portal: http://www. regulations.gov.
By Fax: 202-493-2251.
By mail to: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. S.E. West Building, Ground Floor, Room W12-140, Washington, DC, 20590-0001, or
By hand delivery or courier : Between 9 a.m. and 5 p.m. ET, Monday through Friday, except federal holidays to the same address.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 112, No. 749 • © Foley Carrier Services, LLC. 2012