Hey everybody, this is Ali Kamalzadeh at Gurney Law. And this is One Reg A Day, where we highlight one Federal Motor Carrier Safety Regulation each and every weekday. And today, we are highlighting a driver’s obligation or responsibility to report moving violations to the state and their employer. And if you remember yesterday, we are highlighting the employer’s responsibility to inquire about their driver’s driving history. And so we’re digging a little deeper today.
And this reminded me of a deposition that we took many months ago where a commercial motor vehicle driver had several moving violations or citations for speeding well over the speed limit in multiple states. And they had not reported any of them to the state where their license was issued, nor their employer. And the reason why was because they had successfully challenged all of those citations, and so they did not lead to a conviction, and thus, they had no obligation to report them to anyone. Kind of concerning, we highlighted our concerns yesterday. And so this is where the regulations pick up and hopefully provide some comfort in the reporting requirements for drivers.
Now, under 49, CFR Section 383.31, titled “Notification of Convictions for Driver Violations.” That regulation states that each person who operates a commercial motor vehicle, who has a commercial learner’s permit or a commercial driver’s license issued by a state or jurisdiction and who is convicted of violating – in any type of motor vehicle — so let’s pause there. One: you’ll see an emphasis on conviction and two: the guideline or regulation highlights that it’s any motor vehicle, even if they’re driving their personal vehicle.
So, picking back up to the state or local law relating to a motor vehicle traffic control, other than a parking violation, in a state or jurisdiction other than the one which issued his or her permit or license, shall (which is a must) notify an official designated by the state or jurisdiction which issued such permit or license of such conviction. Emphasis on conviction. The notification must be made within 30 days after the date the person has been convicted. Each person who operates a commercial motor vehicle, who has a criminal has driver’s license issued by a state or jurisdiction, and who is convicted of violating any type of motor vehicle a state or local law relating to a motor vehicle traffic control violation other than a parking violation, shall (must) notify his or her current employer of such conviction. And the notification must be made — again within 30 days after the date the person has been convicted.
