Voglio sapere a riguardo di…

55720

Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
the CDL or CLP of a driver whose medical certification has expired or otherwise been invalidated, as required by 49 CFR 383.73o4. The Agency anticipates that States will adapt their existing processes to remove the CLP or CDL credential from the license of any driver subject to the CMV driving prohibition set forth in 49 CFR
382.501a, and to reinstate the commercial privilege following receipt of notification from FMCSA that the individual is no longer prohibited from driving a CMV or was incorrectly identified as prohibited.
Application of the State Query Requirement to CLP Holders Pursuant to 49 CFR 383.25, CLPs are deemed a valid CDL for purposes of behind-the-wheel training on public roads and highways. Because CLP
holders are authorized to operate a CMV
on a public road if accompanied by a CDL holder, they are subject to drug and alcohol testing under 49 CFR part 382, and thus subject to the CMV driving prohibition in 49 CFR 382.501a.
Accordingly, the final rule adds CLP
holders to the scope of the States query requirements set forth in 49 CFR 383.73, requiring SDLAs to conduct a check of the Clearinghouse prior to issuing, renewing, or upgrading a CLP.

lotter on DSK11XQN23PROD with RULES1

Addition of the CMV Driving Prohibition to Part 392
The final rule amends 49 CFR part 392, subpart B, Driving of Commercial Motor Vehicles, to add the CMV
driving prohibition currently set forth in 49 CFR 382.501a, thereby requiring States receiving MCSAP funding to adopt and enforce a comparable prohibition.5 State-based MCSAP
personnel authorized to enforce highway safety laws can electronically access the operating status of a CLP or CDL holder through cdlis.dot.gov or Query Central. If, during a roadside intervention, the MCSAP officer determines the driver is prohibited from operating a CMV due to a drug and alcohol program violation, the driver will be placed out-of-service and subject to citation. The final rule will further facilitate enforcement of the driving prohibition for CMV operators who still hold a valid CLP or CDLi.e., during the period in which the State is notified of the drivers prohibited status, but before the downgrade has been recorded 5 In order to qualify for MCSAP Funds, 49 CFR
350.207a2 requires, in part, that States adopt and enforce State laws compatible with the Federal Motor Carrier Safety Regulations 49 CFR parts 390
397. Amending part 392 in the final rule will provide State-based enforcement personnel specific authority to enforce the prohibition in 382.501a.

VerDate Sep<11>2014

16:21 Oct 06, 2021

Jkt 256001

on the CDLIS driver recordby clarifying the basis for citing the CMV
operator during this period.
As explained in the notice of proposed rulemaking NPRM, some non-MCSAP traffic safety enforcement personnel cannot electronically access the drivers prohibited status at roadside during this period.6 The Agency notes, however, that after the SDLA completes the downgrade, thereby changing the drivers license status, non-MCSAP
officers will be aware the driver is not lawfully operating a CMV, simply by conducting a routine license check.
Operating a CMV without a valid CDL
is currently prohibited under 49 CFR
383.23a2 and 49 CFR 391.11b5.
The downgrade requirement ensures the CMV drivers license status is available to all traffic safety enforcement personnel, thus closing the loophole that currently permits these drivers to evade detection.
Actual Knowledge Violations Based on Issuance of a Citation for DUI in a CMV
The final rule revises how employers reports of actual knowledge, as currently defined in 49 CFR 382.107, of a drivers prohibited use of drugs or alcohol, based on a citation for Driving Under the Influence DUI in a CMV, would be maintained in the Clearinghouse. Currently, employers who have actual knowledge of a drivers prohibited use of drugs or alcohol, based on the issuance of a citation or other document charging DUI in a CMV, must report the actual knowledge violation to the Clearinghouse in accordance with 49 CFR 382.705b4.
The final rule clarifies that a CLP or CDL holder who is charged with DUI in a CMV has violated part 382, subpart B, regardless of whether the driver is ultimately convicted of the offense.
Therefore, the driver is prohibited from operating a CMV until completing RTD.
The rule amends the Clearinghouse regulations by requiring that this type of actual knowledge violation remain in the Clearinghouse for 5 years, or until the driver has completed RTD, whichever is later, regardless of whether the driver is convicted of the DUI
charge.7 The rule also permits drivers to add documentary evidence of non6 See 85 FR 23670, 23682 Apr. 28, 2020.
Nationwide, there are approximately 12,000 Statebased MCSAP traffic safety officers, who have specialized knowledge and training related to CMV
safety. There are also more than 500,000 State and local safety personnel throughout the United States authorized to enforce traffic safety laws.
7 49 CFR 382.717a2i currently permits drivers to request that an actual knowledge violation, based on the issuance of a citation for DUI in a CMV, be removed from the Clearinghouse, when the citation did not result in a conviction.

PO 00000

Frm 00036

Fmt 4700

Sfmt 4700

conviction to their Clearinghouse record so that future employers will be aware of that outcome. FMCSA makes this change to fully comply with the MAP
21 requirements that all violations of part 382, subpart B, be reported to the Clearinghouse and retained for 5 years 49 U.S.C. 31306aa3, g1C, and g6A, B, and to provide full disclosure to employers, while maintaining fairness to drivers.
Compliance Date States must achieve substantial compliance with the applicable requirements of the final rule as soon as practicable, but not later than November 18, 2024. The requirements set forth in 49 CFR 390.3, 390.3T, and 392.15
amend the Federal Motor Carrier Safety Regulations FMCSRs. In accordance with the MCSAP eligibility requirements in 49 CFR 350.303b, the State must amend its laws or regulations to ensure compatibility with any new addition or amendment to the FMCSRs as soon as practicable, but not later than 3 years after the effective date of such changes. The Agency believes a 3-year period also allows States sufficient time to adopt necessary changes in State law and regulation, conduct training for SDLA personnel, and complete information technology IT changes that will allow SDLAs to request and receive Clearinghouse information electronically. This time frame also accounts for FMCSAs development of technical specifications that will allow the information to be efficiently and securely transmitted to the SDLAs, via CDLIS or a direct web-based interface with the Clearinghouse. In the meantime, SDLAs may determine whether a CLP or CDL applicant is qualified to operate a CMV by accessing the Clearinghouse as an authorized user, as currently permitted by 49 CFR
382.725a1.
C. Costs and Benefits This rule will result in IT costs for SDLAs, the American Association of Motor Vehicle Administrators AAMVA, and the Federal government, customer service costs for SDLAs, and opportunity costs for drivers and motor carriers. This rule finalizes the Agencys preferred alternative by requiring a mandatory downgrade, while allowing the SDLAs to choose the most cost beneficial method of information transmission.
In the NPRM, FMCSA proposed two alternative methods for information transmission; CDLIS and a web-based services option, which relies on cloud technology. The Agency estimated that the CDLIS option would be more costly
E:FRFM07OCR1.SGM

07OCR1