Commercial Motor Vehicle Safety Act of 1986

The Commercial Motor Vehicle Safety Act of 1986 was signed into law on October 27, 1986. The goal of the Act is to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways.

The Act retained the State's right to issue a driver's license, but established minimum national standards which States must meet when licensing CMV drivers.

It is important to note that the Act does not require drivers to obtain a separate Federal license; it merely requires States to upgrade their existing testing and licensing programs to conform with Federal minimum standards.

CDL Exceptions

Michigan offers exceptions to the CDL requirements, which include:

• Active military duty operating military vehicles

• Police and firefighters operating authorized emergency vehicles

• Farmers operating within a 150-mile radius of a farm (an "F" endorsement may be required)

• Individuals operating motor homes or vehicles used exclusively to transport personal possessions or family members for nonbusiness purposes

What Type of CDL Do I Need?

A Michigan resident needs a valid operator or chauffeur license with the appropriate group designation to operate the following vehicles:

Group A

• A combination of vehicles with a gross combination weight rating of 26,001 pounds or more, including a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds

Group B

• A single vehicle having a gross vehicle weight rating of 26,001 pounds or more

Group C

To operate small vehicles:

  • • Designed to carry 16 or more people including the driver; or
  • • Not meeting the requirements for group A or B which carry hazardous materials in amounts requiring placarding

What Endorsements Do I Need?

In addition to the appropriate CDL group designation, endorsements are required for the following:

T

DOUBLE or TRIPLE TRAILERS

(Triple-trailer combinations are not permitted in Michigan)

P

PASSENGER

For vehicles designed to carry more than 15 people (including the driver)

N

TANK VEHICLES

For vehicles designed to haul liquids/liquefied gases in permanently mounted tanks of any size or portable tanks rated at 1,000 gallons or more

H

HAZARDOUS MATERIALS

To carry hazardous materials in amounts requiring placarding (includes small trucks, pickup trucks and passenger vehicles)

X

Combined TANK and HAZARDOUS MATERIALS

An "X" endorsement appears instead of H and N codes when applicant receives both endorsements

Driver Qualification File

A driver qualification file must contain, but is not limited to:

A driver's application for employment
A copy of the driver's motor vehicle report
The driver's report of violations (annual)
Employer's review of driving record (annual)
A valid Medical Examiner's Certificate and/or waiver
Proof of a road test or equivalent (Michigan requires a copy of valid driver's license for intrastate drivers)

Michigan's Drunk Driving Laws Affect CDL License

BAC Standards:

FHWA has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CMV driver is deemed to be driving under the influence of alcohol.

States maintain a BAC level between .08% and .10% for non-CMV drivers.

Revocation Periods:

  • 1 year:First violation (3 years if transporting hazardous material)
  • Life:Second violation, regardless of time between violations (possibility of reinstatement after 10 years)

Important: These revocations apply to a CDL driver while operating ANY motor vehicle.

When operating a noncommercial motor vehicle, the alcohol content of .08 BAC would be used to determine a drunk driving violation.

Other violations resulting in revocation:

  • • Leaving the scene of an accident
  • • Using a vehicle to commit a felony
  • • Refusing a request for a chemical test

These laws are contained in Act 300 of the Michigan Vehicle Code, Sections 257.319b and 257.625. Amendments extending these revocations to noncommercial vehicles became effective October 1, 2005.

Knowledge & Skills Tests

Knowledge Tests:

  • • The general knowledge test must contain at least 30 questions
  • • To pass, applicants must correctly answer at least 80 percent of the questions
  • • States develop their own tests which must be at least as stringent as Federal standards

Skills Tests:

  • • Applicants must successfully perform all required skills (listed in 49 CFR 383.113)
  • • Skills test must be taken in a vehicle representative of the type the applicant operates or expects to operate

Third Party Skills Testing:

  • • States, employers, training facilities, and private institutions can serve as third party skills testers
  • • Tests must be the same as those given by the State
  • • Examiners must meet the same qualifications as State examiners
  • • States must conduct on-site inspection at least once a year

Disqualifications

For conviction while driving a CMV, drivers must be disqualified and lose their privilege to drive:

60 to 120 days

Two or more serious traffic violations within a 3-year period (excessive speeding, reckless driving, improper lane changes, following too closely, traffic offenses in fatal accidents)

90 days to 5 years

One or more violations of an out-of-service order within a 10-year period

1 Year

  • • Driving under the influence of controlled substance or alcohol
  • • Leaving the scene of an accident
  • • Using a CMV to commit a felony

3 Years

Any of the 1-year offenses while operating a CMV that is placarded for hazardous materials

Life

  • • Second offense of any of the 1-year or 3-year offenses
  • • Using a CMV to commit a felony involving manufacturing, distributing, or dispensing controlled substances

States have option to reduce certain lifetime disqualifications to minimum of 10 years if driver completes approved rehabilitation program

Important Notes:

  • • If disqualified from operating a CMV, State may issue license to operate non-CMVs
  • • Drivers disqualified from CMV cannot be issued "conditional" or "hardship" CDL
  • • Out-of-state violations treated same as home State convictions

Employer Notifications

Within 30 days of a conviction:

Driver must notify employer of any traffic violation (except parking), regardless of nature of violation or type of vehicle driven

By end of next business day:

If license is suspended, revoked, canceled, or driver is disqualified, employer must be notified

Employer Requirements:

Employers may not knowingly use a driver who has more than one license or whose license is suspended, revoked, canceled, or disqualified. Violation may result in civil or criminal penalties.

Penalties

Driver Penalties:

  • • Civil penalty: up to $2,500
  • • Criminal penalties (aggravated cases): up to $5,000 in fines and/or up to 90 days in prison

Employer Penalties:

Subject to penalty of up to $10,000 if knowingly using a driver to operate a CMV without a valid CDL

Current Status of the CDL Program

Over 8 million drivers have passed the knowledge and skills tests and obtained a CDL. Approximately 11 percent of these CDL drivers have been disqualified at least once during the period of April 1992 through June 1996.

Current Enhancements:

  • • Driver Data Exchange With Canada and Mexico
  • • CDL Judicial Outreach Project (JOP)

Future Enhancements Being Considered:

  • • Graduated Commercial Licenses
  • • Third Party CDL Knowledge Testing
  • • Merging Medical Fitness Determination Into CDL Process
  • • Simulator Validation for Training & Testing

Need Help with CDL Testing & Requirements?

Expert guidance on CDL testing, qualifications, and compliance

Call (248) 478-8382

24175 Industrial Park Dr., Farmington Hills, MI 48335