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Oregon to tighten commercial driver safety laws
September 26, 2005 05-122
Oregon is tightening the requirements for people who are employed to drive commercial vehicles – both in obtaining and keeping those driving privileges.
When Congress passed the Motor Carrier Safety Improvement Act of 1999, it set new requirements and standards for commercial motor vehicle drivers. States must comply with these heightened safety regulations by Sept. 30, 2005, and the 2005 Oregon Legislature adopted the changes under House Bill 2107.
“With the passage of House Bill 2107, these changes bring Oregon into compliance with Federal Motor Carrier Safety Administration safety rules,” said Valerie Schoenfeldt, DMV implementation manager.
To meet the federal requirements, DMV will adopt the following effective Sept. 30, 2005:
- New standards for drivers with a Commercial Driver License (CDL) that apply when they’re operating their personal vehicles. Depending on the number of offenses, drivers can be suspended for a minimum of one year, three years, five years, or even for life. Drivers suspended for life can seek reinstatement after 10 years if they complete a rehabilitation program. Drivers with a third offense, however, are truly disqualified for life.
The offenses are: 1) being under the influence of alcohol; 2) being under the influence of a controlled substance; 3) having an alcohol concentration of 0.04 or greater while operating a commercial motor vehicle (CMV); 4) refusing to take an alcohol test as required under implied consent laws; 5) leaving the scene of an accident; 6) using a vehicle to commit felony; 7) driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV; and 8) causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
If a driver with a CDL is convicted of using any vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance, the CDL will be suspended for life regardless of whether it is a first, second or subsequent offense. There is no reinstatement provision.
- New serious traffic violations that may result in suspensions of a CDL. The two new serious traffic violations are: 1) operating a commercial motor vehicle without appropriate driving privileges; and 2) operating a commercial motor vehicle without a CDL in the driver’s possession. The bill also adds reckless driving as a serious violation when it is committed in a non-commercial motor vehicle by a driver who has a CDL.
- A new failure to appear or failure to comply suspension of the CDL portion of an Oregon driver license if ordered by another state when the offense is a traffic violation that would lead to suspension if it occurred in Oregon. The suspension is for five years or until the person appears or complies with the out of state court, whichever occurs first.
- The assistant administrator of the Federal Motor Carrier Safety Administration can notify DMV that a driver is disqualified from operating a commercial motor vehicle because he or she has been determined to be an imminent hazard. This type of suspension will not exceed one year.
- Courts are not allowed to offer diversions to keep tickets from appearing on driving records when the person has a CDL or was operating a commercial motor vehicle at the time they got the ticket. For example, a court can no longer authorize an alcohol diversion for DUII, if the person has a CDL or was operating a commercial motor vehicle at the time the offense was committed.
- A new license endorsement to operate a school bus. Drivers must now pass a school bus skills test and knowledge test to obtain a school bus endorsement.
For additional information, go to DMV's Web site: http://egov.oregon.gov/ODOT/DMV/
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For more information, contact:
DMV Public Affairs
(503) 945-5270
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