Federal Register - October 7, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
382.503 Required evaluation and testing, reinstatement of commercial driving privilege.
b No driver whose commercial driving privilege has been removed from the drivers license, pursuant to 382.501a, shall drive a commercial motor vehicle until the State Driver Licensing Agency reinstates the CLP or CDL privilege to the drivers license.
3. Amend 382.717 by revising paragraph a2i to read as follows:
382.717 Procedures for correcting information in the database.
a
2
i Petitioners may request that FMCSA add documentary evidence of a non-conviction to an employers report of actual knowledge that the driver received a traffic citation for driving a commercial motor vehicle while under the influence of alcohol or controlled substances if the citation did not result in a conviction. For the purposes of this section, conviction has the same meaning as used in 49 CFR part 383.
4. Amend 382.725 by revising paragraphs a and b to read as follows:
382.725 Access by State licensing authorities.
lotter on DSK11XQN23PROD with RULES1
a1 Before November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial drivers licensing official of a State may obtain the drivers record from the Clearinghouse if the driver has applied for a commercial drivers license or commercial learners permit from that State.
2 On or after November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial drivers licensing official of a State must obtain the drivers record from the Clearinghouse if the driver has applied for a commercial drivers license or commercial learners permit from that State.
b By applying for a commercial drivers license or a commercial learners permit, a driver is deemed to have consented to the release of information from the Clearinghouse in accordance with this section.
PART 383COMMERCIAL DRIVERS
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
5. The authority citation for part 383
is revised to read as follows:
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Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L.
106159, 113 Stat. 1748, 1766, 1767; sec.
1012b of Pub. L. 10756, 115 Stat. 272, 297, sec. 4140 of Pub. L. 10959, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112141, 126 Stat.
405, 830; and 49 CFR 1.87.
6. Amend 383.5 by revising paragraph 4 of the definition of CDL
downgrade to read as follows:
383.5
Definitions.
CDL downgrade
4 A State removes the CLP or CDL
privilege from the drivers license.
7. Amend 383.73 by:
a. Adding paragraph a3;
b. Revising paragraphs b10, c10, d9, e8, and f4; and c. Adding paragraph q.
The additions and revisions read as follows:
383.73
State procedures.
a
3 Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse, and if, in response to the request, the State receives notification that pursuant to 382.501a of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue, renew, or upgrade the CLP. If the applicant currently holds a CLP issued by the State, the State must also comply with the procedures set forth in paragraph q of this section.
b
10 Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to 382.501a of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue the CDL.
c
10 Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to 382.501a of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not transfer the CDL.
d
9 Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to 382.501a of this chapter the applicant is prohibited from operating a
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commercial motor vehicle, the State must not renew the CDL or H
endorsement and must comply with the procedures set forth in paragraph q of this section.
e
8 Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to 382.501a of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue an upgrade of the CDL
and must comply with the procedures set forth in paragraph q of this section.
f
4 Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to 382.501a of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue, renew, transfer or upgrade a non-domiciled CLP or CDL
and must comply with the procedures set forth in paragraph q of this section, as applicable.
q Drug and Alcohol Clearinghouse.
Beginning November 18, 2024, the State must, upon receiving notification that pursuant to 382.501a of this chapter, the CLP or CDL holder is prohibited from operating a commercial motor vehicle, initiate established State procedures for downgrading the CLP or CDL. The downgrade must be completed and recorded on the CDLIS
driver record within 60 days of the States receipt of such notification.
1 Termination of downgrade process when the driver is no longer prohibited.
If, before the State completes and records the downgrade on the CDLIS
driver record, the State receives notification that pursuant to 382.503a of this chapter the CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle, the State must, if permitted by State law, terminate the downgrade process without removing the CLP or CDL
privilege from the drivers license.
2 Reinstatement after FMCSA
notification that the driver is no longer prohibited. If, after the State completes and records the downgrade on the CDLIS driver record, FMCSA notifies the State that pursuant to 382.503a of this chapter a driver is no longer prohibited from operating a commercial motor vehicle, the State must make the driver eligible for reinstatement of the
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