Commercial Driver

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WASHINGTON STATE DEPARTMENT OF LICENSING
Commercial Driver Federal Mandates 2005 Vickie
McDougall [phone] vmcdougall_at_dol.wa.gov
www.dol.wa.gov
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Introduction

• Commercial Driver License (CDL) Program Updates
• Statutory Changes
• Ignition Interlock
• Driving while suspended/revoked 3rd degree

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CDL Mandates

• Criminal complaint forms does not provide
  adequate information on non-Commercial Motor
  Vehicle (CMV) offenses.
• Abstract of Court Record form does not provide
  adequate information on non-CMV offenses.

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CDL Mandates

• Prohibits the stay of an administrative
  suspension, revocation, or denial of a persons
  CDL resulting from a DUI or physical control
  conviction
• Prohibits courts from doing deferred findings,
  deferred sentences or other deferrals for traffic
  infractions committed by CDL holders

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Example of return

• License Expiration 2009Valid License,
  Permits, and Endorsements
• Driver License Yes 
• Instruction Permit No 
• Motorcycle Endorsement No 
• Trike-Sidecar Endorsement No 
• Motorcycle, Trike-Sidecar Endorsement No 
• Motorcycle Permit No 
• Commercial Driver License No 
• Commercial Driver License Permit No 
• Identification Card No 
• A valid license is one that is not expired,
  suspended, revoked, cancelled or denied.

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CDL Mandates

• Federal definition of conviction (CFR 383.5)
  includes pleas of nolo contendere, or payments of
  court costs.
• DOL will have to introduce legislation to amend
  the definition of a conviction in RCW 46.20.270

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CDL Mandates

• Provides that certain offenses committed in a
  non-CMV may result in the disqualification of a
  CDL
• Expands the definitions of a serious traffic
  violation, and includes prior non-CMV serious
  violations (CFR 383.5)

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CDL Mandates

• Requires DOL to take disqualification action
  based on Hit and Run Unattended.
• Requires states to notify home state for any
  traffic infraction committed within 30 days as of
  September 30, 2005 and within 10 days by
  September 30, 2008.

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CDL Mandates

• Prohibits a CDL instruction permit holder from
  transporting Hazardous Materials (HAZMAT)
• Requires that an applicant for a CDL include
  information on all states where a driver license
  has been issued within the last 10 years
• Requires DOL to store that information.

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CDL Mandates

• Establishes additional CDL HAZMAT endorsement
  eligibility standards that include fingerprinting
  and background checks through Traffic Safety
  Administration
• Requires a school bus operator knowledge and
  skill test and license endorsement

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Costs and Consequences

• MCSIA requires the FMCSA to withhold five percent
  of States Federal-aid highway funds 1st year of
  non-compliance
• MCSIA requires the FMCSA to withhold ten percent
  of States Federal-aid highway funds 2nd and
  subsequent years of non-compliance
• MCSIA requires the FMCSA to withhold all Motor
  Carrier Safety Assistance Program (MCSAP) grant
  funds

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CDL Mandates - 2004 Legislation

• HB 2532 - Brings state laws more into compliance
  with federal regulations that govern commercial
  driver licensing

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Questions?
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Ignition Interlock (IID) required on

• All DUI convictions
• 1st conviction if prior DP
• 1st DP with .15 or refusal
• Any DP if prior conviction
• Any 2nd or subsequent conviction
• All alcohol related Occupation Licenses

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IID displayed on ADR
1 YR or 5 YR IID
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Reinstatement

• Driver must provide proof of installation
• IID requirement starts when the driver obtains an
  ORL based on an alcohol related offense
• IID requirement is based on the date of the ORL
  application

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IID Verification
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IID FAQs

• Two DUIs within 7 days can be consolidated into
  one Deferred Prosecution
• How long is the IID requirement?

• ANSWER
• Court orders IID under 46.20.720
• The first incident is not considered a prior
  offense or prior IID

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IID FAQs

• ANSWER
• DOL uses the BAC reported by the Court
• The .08 BAC is used to process the conviction

• QUESTION
• BAC for admin. action is .26
• Court reports BAC as .08
• Which one does DOL use?

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Questions?
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DWLS/R 3rd Degree

• Redmond vs. Moore stopped the DOL from issuing
  suspensions for Failure to Appear, pay comply
  respond etc.
• DOL introduced legislation to allow DOL to again
  issue suspensions, giving the driver the right to
  contest the suspension before it becomes
  effective.
• HB 1854 has passed both houses and is on to the
  Governor for signature.

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DWLS/R 3rd Degree

• HB 1854 if signed will take affect July 1, 2005
• Only FTAs issued for offenses committed July 1,
  2005 and after will be eligible for suspension
  action.
• DOL will have to offer the driver/defendant a
  hearing prior to the suspension taking affect.

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DWLS/R 3rd Degree

• There are many suspensions that are DWLS/R 3rd
  Degree besides FTA.
• Some jurisdictions are choosing not to cite for
  DWLS/R 3rd degree at all.

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QUESTIONS?
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WASHINGTON STATE DEPARTMENT OF LICENSING
Vickie McDougall Criminal Justice Program
Training Manager Vmcdougall_at_dol.wa.gov 360-902-37
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www.dol.wa.gov
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WASHINGTON STATE DEPARTMENT OF LICENSING
Ron OGwin Criminal Justice Program Manager
rogwin_at_dol.wa.gov 360-902-4073
www.dol.wa.gov