Regulatory Update – FMCSA Issues Proposed Rule on Reporting Out-of-State Convictions
On August 2, the U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking regarding self-reporting of out-of-state convictions. Under the current regulations, both commercial driver's license (CDL) holders and States with certified CDL programs are required to report a CDL holder's out-of-State traffic conviction to the driver's State of licensure. FMCSA is proposing to reduce the impact of this reporting redundancy by providing that if a State in which the conviction occurs has a certified CDL program in substantial compliance with the FMCSA regulations, then an individual CDL holder convicted in that State is considered to be in compliance with his/her out-of-State traffic conviction reporting obligations because the State where the conviction occurred will report the violation to the CDL holder's State of licensure. FMCSA says that this proposed change would reduce the regulatory burden on both individuals and States. Comments are due on the proposed rule by October 1, 2012. For a copy of the proposal, go to www.gpo.gov/fdsys/pkg/FR-2012-08-02/pdf/2012-18902.pdf.