Question:
I just wanted to know how a man in New Hampshire that had two driving while intoxicated convictions and both included accidents last year has been deemed an habitual offender has five years in jail hanging over his head and lost his CDL license in New Hampshire for life, has gone to the state of Maine gotten his CDL and has leased on to Bennett Motor Express out of Ga?? I thought by the states going to the CDL it would of prevented guys like this from being out there, because this is the sort of thing that gives every good and careful carer a black eye. I've been in it for 27 years and this sort of thing isn't right. Well I'm done venting thanks for listening.

Answer:

Your post is one of the best I've seen. Answering it will take awhile. Please keep in mind that I am assuming the driver was driving a vehicle that requires commercial driver’s license. Things change a bit if their vehicle does not meet the definition of a CMV in 49 CFR 383.5. Here goes!
1. Effective September 30, 2002, 49 CFR 383.51 of the Federal Motor Carrier Safety Regulations was modified. Prior to that date, only drivers convicted of DUI or who refuse to test while operating a commercial motor vehicle would be disqualified from driving a CMV. Now, drivers convicted of DUI or who refuse to test while driving a non-CMV would also be disqualified. Therefore:
A. If the driver was driving a CMV at the time of both incidents, that driver would have been disqualified from driving a CMV for life per 383.51(b), Table 1, Column 5.
B. If the driver was driving a CMV at the time of only one incident, that driver would have been disqualified from driving a CMV for 1-year per 383.51(b), Table 1, Column 2.
C. If the driver were driving a non-CVM at the time of both incidents prior to September 30, 2003, the FMCSR’s would not apply. However, should any individual State decide to suspend or revoke a CMV driver’s privilege – then that suspension or revocation is valid in ALL States:
Ref: 49 CFR 383.5 – Disqualification means any of the following three actions: (a) The suspension, revocation, or cancellation of a CDL by the State or jurisdiction of issuance; (b) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); or (c) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this chapter.
Note in sub-paragraph (b0), above, it says “Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations)..” Once again, this means that if a CMV driver is suspended or revoked in one State, then he/she is suspended or revoked in ALL States.
D. If the driver was driving a non-CVM at the time of one incident after September 30, 2003, that driver would have been disqualified from driving a CMV for 1-year per 383.51(b), Table 1, Column 3.
E. If the driver was driving a non-CVM at the time of both incidents after September 30, 2003, that driver would have been disqualified from driving a CMV for life per 383.51(b), Table 1, Column 6.
Now, kind Sir! Take the driver you are talking about in your post and match his DUI record against the above information. Let me know if you’re unable to determine your answer. Also, if you want to drop-a-dime in this driver, both the State folks and U.S. DOT / FMCSA would like to hear from you.
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This last part is for caring companies.
You cannot disqualify a driver; only Federal and State Governments can do that. However, if the driver operates a vehicle that meets the definition of a CMV in 49 CFR 383.5, you are obligated to stop using that driver if you receive documentation that they have been convicted of a disqualifying offense found in Part 383.51(b).
If your driver operates a commercial vehicle that only meets the definition of a CMV as found in 49 CFR 390.5 (in other words, a vehicle that does not require a commercial driver’s license) you still have an obligation to stop using that driver to operate those vehicles if you receive documentation that shows they have been convicted of a disqualifying offense found in Part 391.15. r/ jim.
[Note: I am not an attorney and do not give legal advice. It is always advisable to seek the opinion of a reputable attorney in such cases]
Last edited by JimG on Sat Sep 27, 2003 5:57 pm; edited 1 time in total

Answer:

The only way I know that this could happen is for him to be using another name and social security number. It is not very hard to obtain another identity and many states will give drivers licenses to illegal aliens with no documentation other than a utility bill in that name and one person to identify them.
The background check that is going into effect hopefully will prevent some of this. I had a case once with twins. He got off because I didn't know which one it was and got surprised with it in court. Judge shouldn't have allowed it but what can you do?
Do the company in GA a favor and let then know what is going on. Any legit company will appreciate the call and the rest of us will too.
morris

Answer:

Which states will give an illegal a drivers licence with only a utility bill?

Answer:

Getting a ticket in one state doesnt necessary mean that another state will know about it. States are not connected by computers. Most of the information that is exchanged between states is still handled the old fashion way.
Say you get a ticket in Ohio and you live in NC, the ticket issued to you in Ohio will only be reported to NC through "hand to hand" method.
Just because CDLs have been in existence for over 12 years, there is no "central" computer that stores the information on the holders of CDLs.
Just a grouchy old man.
"The average dog is a nicer person than the average person"-Andy Rooney

Answer:

On the State level, there is a reciprocity agreement requiring each State to exchange driver’s license information with other States. As you pointed out, that system is not working. Here is one of the reasons why: Let’s say a driver’s ability to drive in Alabama has been suspended. If Alabama knows that the driver holds a Texas CDL, Alabama is required (under the reciprocity agreement) to notify Texas of that suspension. Texas will then add this suspension to their database, and the next time that driver’s DMV printout is requested, it will show the Alabama suspension. As we know, if a driver is suspended or revoked in one State, he/she is suspended or revoked in ALL States.
Now, let’s say this same driver decides to move to Tennessee where he/she obtains a CDL from that State. Who is going to notify Tennessee? Probably no one! Yes! Eventually, they will find out. But, then the driver will simply move to a different State and start over.
To fix the problem, U.S. DOT has worked behind the scenes for years to get Congress to establish a National Drivers’ License program. If this happened, States would no longer issue their own commercial drivers’ licenses - there would be only be one issuing authority and only one database. The problem would be fixed. So, why hasn’t this been done? The answer is because certain groups are able to successfully lobby ($$$$) that this is a "right to privacy issue," and no politician wants to be known as being against individual privacy.
In the 1990’s, U.S. DOT embraced an idea called CDLIS (Commercial Drivers License Information System). CDLIS was supposed to be the next best thing to a National Drivers’ License database. It required all States to submit CDL updates to the U.S. DOT approximately every 90-days. Since field investigators require real-time information, the information CDLIS provided was worthless. We always thought that one-day someone to take the time to find out where all those millions of dollars went.
Now, I now understand that CDLIS has been reborn. As a matter of fact, the rules have recently been changed to force States to provide CDLIS with better and faster information. We shall see. r/ jim.
Last edited by JimG on Sun Oct 05, 2003 12:58 pm; edited 1 time in total