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| State Compliance || Safety Act of 1986 || Commercial
License Regulation
|| Other Entities || IRP and IFTA |
State Regulation, Licensing
at LAWDOG®
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State Compliance Top
Section 12009(a) of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.Code Section 31311(a)) sets forth actions states must take to avoid losing Federal funds under section 31314 of that title. The Department of Transportation was directed to prepare regulations outlining actions for states to be in substantial compliance. In general, no state may have in effect or enforce any state law or regulation pertaining to commercial motor vehicle safety in interstate commerce which the Administrator finds to be incompatible with the provisions of the Federal Motor Carrier Safety Regulations. Also, no state may implement any changes to a law or regulation which makes that or any other law or regulation incompatible with a provision of the Federal Motor Carrier Safety Regulations. These laws are enforced by the threat of withholding payment of federal funds to states.
See for example, Section 384.101, which states that its purpose "is to ensure that the States comply with the provisions of section 12009(a) of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.Code Section 31311(a))" , "Includes the minimum standards for the actions States must take to be in substantial compliance with each of the 22 requirements of 49 U.S.C. 31311(a)" and "Establishes procedures for determinations to be made of such compliance by States", and "Specifies the consequences of State noncompliance." PART 384 State Compliance With Commercial Drivers' License Program. See also 49 Code of Federal Regulations Part 355   Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations
Safety Act of 1986 Top
Commercial Motor Vehicle Safety Act of 1986

The Commercial Motor Vehicle Safety Act of 1986 was intended to improve highway safety by ensuring that drivers of  large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways. While the Act established minimum national standards which States must meet when licensing Commercial Motor Vehicle drivers, the individual states continue to actually license drivers. The Commercial Drivers License program places requirements on drivers, the employing motor carrier and the states.The Act made it illegal to hold more than one license and by requiring states to adopt testing and licensing standards for truck and bus drivers to attempt to test the ability to operate the type of vehicle which the person actually plans to operate. The Act does not require or provide for a separate Federal license, but required states to upgrade their existing testing and licensing programs  to conform with Federal minimum standards.

Commercial License Regulation Top
Classes of License

The Federal standard requires States to issue a Commercial Drivers License  in three classifications.

Class A   Any combination of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

Class B  Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

Class C  Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials. 

Restrictions and Endorsements

If a driver either fails the air brake component of the general knowledge test or performs the skills test in a vehicle not equipped with air brakes, the driver is issued an air brake restriction, restricting the driver from operating a Commercial Motor Vehicles equipped with air brakes.

Drivers who operate special types of Commercial Motor Vehicles also need to pass additional tests to obtain endorsements for
T - Double/Triple Trailers (Knowledge test only)
N - Tank Vehicle (Knowledge Test only)
H - Hazardous Materials (Knowledge Test only)
X - Combination of Tank Vehicle and Hazardous Materials
P - Passenger (Knowledge and Skills Tests)

Testing Knowledge and Skills

States develop tests required to be at least as stringent as Federal standards. Model driver and examiner manuals and tests prepared and distributed to states for use, if desired. The general knowledge test must contain at least 30 questions. Applicants must correctly answer at least 80 percent of the questions to pass general and endorsement knowledge tests, and must successfully perform all skills required by 49 CFR 383.113 to pass skills test. Skills tests must be taken in a vehicle representative of type of vehicle that applicant operates or expects to operate. Other States, employers, training facilities, governmental departments and agencies, and private institutions can serve as third party skills testers for the State, if other qualifications are met.

Commercial Driver's License Documents

Individual state determine license fees, renewal cycles, most procedures, and continue to decide the age, medical and other driver qualifications of its intrastate commercial drivers. Interstate drivers must continue to meet 49 CFR 391 Federal driver qualifications. All Commercial Drivers Licenses must contain the words "Commercial Driver's License" or "CDL;"  driver's full name, signature, and address; date of birth, sex, and height Color photograph or digitized image of driver;  State license number; name of the issuing State; date of issuance and expiration of the license; class(es) of vehicle that driver is authorized to drive; notation of any "air brake" restriction issued; and any endorsement(s) for which driver has qualified. States may issue time limited learner's permit for actual behind-the-wheel training on public highways if permit holders required to be accompanied by holder of valid Commercial Drivers License appropriate for that vehicle.

Waiver

States may waive the Commercial Drivers License requirements, subject to certain conditions, for firefighters, emergency response vehicle drivers, farmers and drivers removing snow and ice in small communities. Additionally, states may waive the CDL knowledge and skills testing requirements for seasonal drivers in farm-related service industries,  issuing restricted Commercial Drivers Licenses. Active duty military drivers were waived from Commercial Drivers License requirements by the Federal Highway Administrator.

Other Entities Top
There are generally two state agencies that may have regulatory authority over the trucking industry in each state.

Public Utilities Commission (PUC)

The Tariff and License branch in the transportation division of the PUC may regulate intrastate trucking. Intrastate trucking refers to freight shipments commencing and concluding within the state. The PUC issues operating permits and sets minimum and maximum intrastate freight rates. The PUC may require trucking firms, depending on the size of the annual gross receipts, to file quarterly and/or annual reports. Requirements vary by state.

Driver and Equipment Licensing The Departments of Motor Vehicles (names vary by state) require the registration of vehicles and licensing of drivers. To register or renew the registration on a tractor, the owner has to show proof of payment for the Federal Heavy Vehicle Use Tax, Form 2290. A schedule of equipment registered to the company or subhauler is required to be filed with the Form 2290. Also see Tax Info For BusinessIRS
Heavy Vehicle Use Tax (Form 2290)
1- Market Segment Specialization Program (MSSP), Trucking Industry - IRS
Chapter 6 -- Excise Taxes (IRS)
IRP and IFTA Top
49 U.S. Code Section 31704  provided that after September 30, 1996, a State that is not participating in the International Registration Plan may not establish, maintain, or enforce a commercial motor vehicle registration law, regulation, or agreement that limits the operation in that state of a commercial motor vehicle that is not registered under the laws of the state, if the vehicle is registered under the laws of a state participating in the Plan. The "Plan", The International Registration Plan, is a registration reciprocity agreement among jurisdictions in the United States and Canada which provides for payment of license fees on the basis of fleet miles operated in various jurisdictions.
The unique feature of this Plan is that, even though license fees are paid to the various jurisdictions in which fleet vehicles are operated, only one license plate and one cab card is issued for each fleet vehicle when registered under the Plan.  A fleet vehicle is known as an apportionable vehicle and such vehicle, so far as registration is concerned, may be operated both interjurisdictionally and intrajurisdictionally. The IRP, Inc. repository, a subsidiary of the American Association of Motor Vehicle Administrators, represents members of the motor vehicle community who administer the IRP.   Members of the motor carrier industry are invited to participate in IRP as annual subscribers to IRP, Inc.Jurisdiction Info  IRP
Fuel Taxes

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It is the mission of the International Fuel Tax Association Incorporated to provide efficient and effective oversight, planning and coordination of activities necessary to promote uniform administration of the International Fuel Tax Agreement and to conduct the business affairs of the corporation. State Ifta Contact List
See Title 49 U.S. Code Chapter 317 Participation in International Registration Plan and International Fuel Tax Agreement

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