Introduced by Committee on Transportation
Subject: Motor vehicles; commercial driver license; nonresident commercial license; air brakes; out-of-service orders; railroad crossing violations
Statement of purpose: This bill proposes to address issues raised by an audit of the commercial driver license program conducted by the Federal Motor Carrier Safety Administration. The bill:
(1) Amends the commercial driver license definitions to conform to federal rules.
(2) Allows the issuance of nonresident commercial driver licenses under certain circumstances.
(3) Restricts commercial driver licenses to the operation of vehicles without air brakes when the licensee either fails the written air brake test or performs a skills test in a vehicle without air brakes.
(4) Requires disqualification issued by other jurisdictions to Vermont drivers to be recorded.
(5) Increases the fines for violation of an out-of-service order so that they are within the range required by federal rule.
(6) Clarifies the allowable content of the administrative rule regarding the reduction of the term of a life disqualification.
(7) Provides that a disqualification shall be concurrent with a disqualification issued by the Federal Motor Carrier Safety Administration.
(8) Provides a penalty when an employer allows or requires a driver to commit a railroad grade crossing violation.
AN ACT RELATING TO COMMERCIAL DRIVER LICENSES
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 23 V.S.A. § 4103(4)(D)(iii), (10), (12), and (18) are amended to read:
As used in this chapter:
* * *
(4) “Commercial motor vehicle” means a motor vehicle designed or used to transport passengers or property:
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(D) the term shall not include:
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equipment owned or operated by the United States Department of Defense,
National Guard national guard, and operated by
noncivilian personnel or by national guard military technicians (civilians
who are required to wear military uniforms) and active duty U.S. Coast
* * *
has the same meaning as the term has under section 103 of the
Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) means
any material that has been designated as hazardous under 49 U.S.C. § 5103 and
is required to be placarded under subpart F of 49 C.F.R. part 172 or any
quantity of a material listed as a select agent or toxin in 42 C.F.R. part
order” means a temporary prohibition against driving a commercial motor
order” means a declaration by the Federal
Carrier Safety Administration or an authorized enforcement officer of a
federal, state, Commonwealth of Puerto
Canadian, Mexican, or local jurisdiction, that a driver, or a commercial
motor vehicle, or a school bus, or a motor carrier operation, is out-of-service
out of service.
Sec. 2. 23 V.S.A. § 4109 is amended to read:
§ 4109. NONRESIDENT COMMERCIAL DRIVER LICENSE
The commissioner may issue a nonresident commercial driver license to a resident of a foreign jurisdiction if the United States secretary of transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. In addition, the commissioner may issue a nonresident commercial driver license to a person domiciled in a state while that state is prohibited from issuing commercial driver licenses in accordance with 49 C.F.R. part 384.405. The word “nonresident” must appear on the face of the nonresident commercial driver license. An applicant shall surrender any nonresident commercial driver license issued by another state. Prior to issuing a nonresident commercial driver license, the commissioner shall establish the practical capability of revoking or suspending the nonresident commercial driver license.
Sec. 3. 23 V.S.A. § 4111(b)(2)(B) is amended to read:
endorsements and restrictions. Driver licenses may be issued with the
following classifications, endorsements, and restrictions
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(2) Licenses may be issued with appropriate endorsements and restrictions noted thereon. The commissioner shall determine the manner of notation. Endorsements and restrictions may include, but are not limited, to those which:
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the driver to vehicles not equipped with
airbrakes air brakes when
the person either fails the air brake component of the knowledge test or
performs the skills test in a vehicle not equipped with air brakes;
Sec. 4. 23 V.S.A. § 4115 is amended to read:
§ 4115. RECIPROCITY
any law to the contrary, a person may drive a commercial motor vehicle in this
state if the person has a valid commercial driver license issued by any state
of the United States
or, any province or territory of Canada in
accordance with the minimum federal standards for the issuance of commercial
motor vehicle driver licenses, or commercial driver licenses the
Licensia Federal de Conductor issued by states in the Republic of
Mexico , if the person’s license is not suspended, revoked, or
canceled and if the person is not disqualified from driving a commercial motor
vehicle or subject to an out‑of‑service order.
(b) The commissioner shall give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this chapter as if they occurred in this state.
(c) The commissioner shall record disqualifications and convictions received from other jurisdictions regarding Vermont operators.
Sec. 5. 23 V.S.A. § 4120(a) and (b) are amended to read:
any other provision of law to the contrary, any driver who violates or fails to
comply with an out-of-service order is subject to a penalty of
$1,500.00, in addition to disqualification under this chapter.
employer who violates an out-of-service order, or who knowingly requires or
permits a driver to violate or fail to comply with an out-of-service order, is
subject to a penalty of
Sec. 6. 23 V.S.A. § 4116(g) is amended to read:
(g) The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to subsection (e) of this section, may be reduced to a period of not less than ten years.
Sec. 7. 23 V.S.A. § 4116(k) is added to read:
(k) A person shall be disqualified for a term concurrent with any disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. part 383.52.
Sec. 8. 23 V.S.A. § 4123 is added to read:
§ 4123. PENALTY FOR AUTHORIZING RAILROAD CROSSING
Any employer who knowingly allows, requires, permits, or authorizes a driver to operate a commercial motor vehicle in violation of section 1076 of this title is subject to a penalty of not more than $10,000.00.
The Vermont General Assembly
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