State compliance with commercial driver's license program

TITLE 49--TRANSPORTATION

CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

Sec. 384.101 Purpose and scope.

a) Purpose. The purpose of this part 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.C. 31311(a)).

(b) Scope. This part:

(1) 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);

(2) Establishes procedures for determinations to be made of such
compliance by States; and

(3) Specifies the consequences of State noncompliance.

Sec. 384.103 Applicability.

The rules in this part apply to all States.

Sec. 384.105 Definitions.

(a) The definitions in part 383 of this title apply to this part,
except where otherwise specifically noted.

(b) As used in this part:
Issue and issuance mean initial licensure, license transfers,
license renewals, license upgrades, and nonresident commercial driver's
licenses (CDLs), as described in Sec. 383.73 of this title.
Licensing entity means the agency of State government that is
authorized to issue drivers' licenses.
Year of noncompliance means any Federal fiscal year during which--

(1) A State fails to submit timely certification as prescribed in
subpart C of this part; or

(2) The State does not meet one or more of the standards of subpart
B of this part, based on a final determination by the FMCSA under
Sec. 384.307(c) of this part.

Sec. 384.107 Matter incorporated by reference.

(a) Incorporation by reference. This part includes references to
certain matter or materials. The text of the materials is not included
in the regulations contained in this part. The materials are hereby made
a part of the regulations in this part. The Director of the Office of
the Federal Register has approved the materials incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For
materials subject to change, only the specific version approved by the
Director of the Office of the Federal Register and specified in the
regulation are incorporated. Material is incorporated as it exists on
the date of the approval and a notice of any change in these materials
will be published in the Federal Register.

(b) Materials incorporated. The AAMVAnet, Inc.'s ``Commercial Driver
License Information System (CDLIS) State Procedures,'' Version 2.0,
October 1998, IBR approved for Sec. 384.231(d).

(c) Addresses. (1) All of the materials incorporated by reference
are available for inspection at:

(i) The Department of Transportation Library, 400 Seventh Street,
SW, Washington, DC 20590 in Room 2200. These documents are also
available for inspection and copying as provided in 49 CFR part 7.

(ii) The Office of the Federal Register, 800 North Capitol Street,
NW, Suite 700, Washington, DC.

(2) Information and copies of all of the materials incorporated by
reference may be obtained by writing to: American Association of Motor
Vehicle Administrators, Inc., 4301 Wilson Blvd, Suite 400, Arlington, VA
22203.

Sec. 384.201 Testing program

The State shall adopt and administer a program for testing and
ensuring the fitness of persons to operate commercial motor vehicles
(CMVs) in accordance with the minimum Federal standards contained in
part 383 of this title.

Sec. 384.202 Test standards.

No State shall authorize a person to operate a CMV unless such
person passes a knowledge and driving skills test for the operation of a
CMV in accordance with part 383 of this title.

Sec. 384.203 Driving while under the influence.

(a) The State must have in effect and enforce through licensing
sanctions the disqualifications prescribed in Sec. 383.51(b) of this
subchapter for driving a CMV with a 0.04 alcohol concentration.

(b) Nothing in this section shall be construed to require a State to
apply its criminal or other sanctions for driving under the influence to
a person found to have operated a CMV with an alcohol concentration of
0.04, except licensing sanctions including suspension, revocation, or
cancellation.

(c) A State that enacts and enforces through licensing sanctions the
disqualifications prescribed in Sec. 383.51(b) of this subchapter for
driving a CMV with a 0.04 alcohol concentration and gives full faith and
credit to the disqualification of CMV drivers by other States shall be
deemed in substantial compliance with section 12009(a)(3) of the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31311(a)(3)).

Sec. 384.204 CDL issuance and information.

(a) General rule. The State shall authorize a person to operate a
CMV only by issuance of a CDL, unless a waiver under the provisions of
Sec. 383.7 applies, which contains, at a minimum, the information
specified in part 383, subpart J, of this title.

(b) Exceptions--

(1) Training. The State may authorize a person, who
does not hold a CDL valid in the type of vehicle in which training
occurs, to undergo behind-the-wheel training in a CMV only by means of a
learner's permit issued and used in accordance with Sec. 383.23(c) of
this title.

(2) Confiscation of CDL pending enforcement. A State may allow a CDL
holder whose CDL is held in trust by that State or any other State in
the course of enforcement of the motor vehicle traffic code, but who has not
been convicted of a disqualifying offense under Sec. 383.51 based on
such enforcement, to drive a CMV while holding a dated receipt for such
CDL.

Sec. 384.205 CDLIS information.

Before issuing a CDL to any person, the State shall, within the
period of time specified in Sec. 384.232, perform the check of the
Commercial Driver's License Information System (CDLIS) in accordance
with Sec. 383.73(a)(3)(ii) of this title, and, based on that
information, shall issue the license, or, in the case of adverse
information, promptly implement the disqualifications, licensing
limitations, denials, and/or penalties that are called for in any
applicable section(s) of this subpart.

Sec. 384.206 State record checks.

(a) Required checks--

(1) Issuing State's records. Before issuing a
CDL to any person, the State shall, within the period of time specified
in Sec. 384.232, check its own driving record for such person in
accordance with Sec. 383.73(a)(3) of this title.

(2) Other States' records. Before the initial or transfer issuance
of a CDL to a person, and before renewing a CDL held by any person, the
issuing State must:

(i) Require the applicant to provide the names of all States where
the applicant has previously been licensed to operate any type of motor
vehicle.

(ii) Within the time period specified in Sec. 384.232, request the
complete driving record from all States where the applicant was licensed
within the previous 10 years to operate any type of motor vehicle.

(iii) States receiving a request for the driving record of a person
currently or previously licensed by the State must provide the
information within 30 days.

(b) Required action. Based on the findings of the State record
checks prescribed in this section, the State shall issue the license,
or, in the case of adverse information, promptly implement the
disqualifications, licensing limitations, denials, and/or penalties that
are called for in any applicable section(s) of this subpart.

Sec. 384.207 Notification of licensing.

Within the period defined in Sec. 383.73(f) of this title, the State
shall:

(a) Notify the operator of the CDLIS of each CDL issuance;

(b) Notify the operator of the CDLIS of any changes in driver
identification information; and

(c) In the case of transfer issuances, implement the Change State of
Record transaction, as specified by the operator of the CDLIS, in
conjunction with the previous State of record and the operator of the
CDLIS.

Sec. 384.208 Notification of disqualification.

(a) No later than 10 days after disqualifying a CDL holder licensed
by another State, or revoking, suspending, or canceling an out-of-State
CDL holder's privilege to operate a commercial motor vehicle for at
least 60 days, the State must notify the State that issued the license
of the disqualification, revocation, suspension, or cancellation.

(b) The notification must include both the disqualification and the
violation that resulted in the disqualification, revocation, suspension,
or cancellation. The notification and the information it provides must
be recorded on the driver's record.

Sec. 384.209 Notification of traffic violations.

(a) Required notification with respect to CDL holders. Whenever a
person who holds a CDL from another State is convicted of a violation of
any State or local law relating to motor vehicle traffic control (other
than a parking violation), in any type of vehicle, the licensing entity
of the State in which the conviction occurs must notify the licensing
entity in the State where the driver is licensed of this conviction
within the time period established in paragraph (c) of this section.

(b) Required notification with respect to non-CDL holders. Whenever
a person who does not hold a CDL, but who is licensed to drive by another State,
is convicted of a violation in a CMV of any State or local law relating
to motor vehicle traffic control (other than a parking violation), the
licensing entity of the State in which the conviction occurs must notify
the licensing entity in the State where the driver is licensed of this
conviction within the time period established in paragraph (c) of this
section.

(c) Time period for notification of traffic violations. 

(1) Beginning on September 30, 2005, the notification must be made within 30
days of the conviction.

(2) Beginning on September 30, 2008, the notification must be made
within 10 days of the conviction.

Sec. 384.210 Limitation on licensing.

A State must not knowingly issue a CDL or a commercial special
license or permit (including a provisional or temporary license)
permitting a person to drive a CMV during a period in which:

(a) A person is disqualified from operating a CMV, as
disqualification is defined by Sec. 383.5 of this subchapter, or under
the provisions of Sec. 383.73(g) or Sec. 384.231(b)(2) of this
subchapter;

(b) The CDL holder's noncommercial driving privilege has been
revoked, suspended, or canceled; or

(c) Any type of driver's license held by such person is suspended,
revoked, or canceled by the State where the driver is licensed for any
State or local law related to motor vehicle traffic control (other than
parking violations).

Sec. 384.211 Return of old licenses.

The State shall not issue a CDL to a person who possesses a driver's
license issued by another State or jurisdiction unless such person first
surrenders the driver's license issued by such other State or
jurisdiction in accordance with Secs. 383.71(a)(7) and (b)(4) of this
title.

Sec. 384.212 Domicile requirement.

(a) The State shall issue CDLs only to those persons for whom such
State is the State of domicile as defined in Sec. 383.5 of this title;
except that the State may issue a nonresident CDL under the conditions
specified in Secs. 383.23(b), 383.71(e), and 383.73(e) of this title.

(b) The State shall require any person holding a CDL issued by
another State to apply for a transfer CDL from the State within 30 days
after establishing domicile in the State, as specified in Sec. 383.71(b)
of this title.

Sec. 384.213 State penalties for drivers of CMVs.

The State must impose on drivers of CMVs appropriate civil and
criminal penalties that are consistent with the penalties prescribed
under part 383, subpart D, of this subchapter.

Sec. 384.214 Reciprocity.

The State shall allow any person to operate a CMV in the State who
is not disqualified from operating a CMV and who holds a CDL which is--

(a) Issued to him or her by any other State or jurisdiction in
accordance with part 383 of this title;

(b) Not suspended, revoked, or canceled; and

(c) Valid, under the terms of part 383, subpart F, of this title,
for the type of vehicle being driven.

Sec. 384.215 First offenses.

(a) General rule. The State must disqualify from operating a CMV
each person who is convicted, as defined in Sec. 383.5 of this
subchapter, in any State or jurisdiction, of a disqualifying offense
specified in items (1) through (8) of Table 1 to Sec. 383.51 of this
subchapter, for no less than one year.

(b) Special rule for hazardous materials offenses. If the offense
under paragraph (a) of this section occurred while the driver was
operating a vehicle transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation Act (implementing
regulations at 49 CFR 177.823), the State shall disqualify the person
for no less than three years.

Sec. 384.216 Second offenses.

(a) General rule. The State must disqualify for life from operating
a CMV each person who is convicted, as defined in Sec. 383.5 of this
subchapter, in any State or jurisdiction, of a subsequent offense as
described in Table 1 to Sec. 383.51 of this subchapter.

(b) Special rule for certain lifetime disqualifications. A driver
disqualified for life under Table 1 to Sec. 383.51 may be reinstated
after 10 years by the driver's State of residence if the requirements of
Sec. 383.51(a)(5) have been met.

Sec. 384.217 Drug offenses.

The State must disqualify from operating a CMV for life each person
who is convicted, as defined in Sec. 383.5 of this subchapter, in any
State or jurisdiction of a first offense, of using a CMV in the
commission of a felony described in item (9) of Table 1 to Sec. 383.51
of this subchapter. The State shall not apply the special rule in
Sec. 384.216(b) to lifetime disqualifications imposed for controlled
substance felonies as detailed in item (9) of Table 1 to Sec. 383.51 of
this subchapter.

Sec. 384.218 Second serious traffic violation.

The State must disqualify from operating a CMV for a period of not
less than 60 days each person who, in a three-year period, is convicted,
as defined in Sec. 383.5 of this subchapter, in any State(s) or
jurisdiction(s), of two serious traffic violations as specified in Table
2 to Sec. 383.51.

Sec. 384.219 Third serious traffic violation.

The State must disqualify from operating a CMV for a period of not
less than 120 days each person who, in a three-year period, is
convicted, as defined in Sec. 383.5 of this subchapter, in any State(s)
or jurisdiction(s), of three serious traffic violations as specified in
Table 2 to Sec. 383.51. This disqualification period must be in addition
to any other previous period of disqualification.

Sec. 384.220 National Driver Register information.

Before issuing a CDL to any person, the State shall, within the
period of time specified in Sec. 384.232, perform the check of the
National Driver Register in accordance with Sec. 383.73(a)(3)(iii) of
this title, and, based on that information, promptly implement the
disqualifications, licensing limitations, and/or penalties that are
called for in any applicable section(s) of this subpart.

Sec. 384.221 Out-of-service regulations (intoxicating beverage).

The State shall adopt, and enforce on operators of CMVs as defined
in Secs. 383.5 and 390.5 of this title, the provisions of Sec. 392.5 (a)
and (c) of this title in accordance with the Motor Carrier Safety
Assistance Program as contained in 49 CFR part 350 and applicable policy
and guidelines.

Sec. 384.222 Violation of out-of-service orders.

The State must have and enforce laws and/or regulations applicable
to drivers of CMVs and their employers, as defined in Sec. 383.5 of this
subchapter, which meet the minimum requirements of Secs. 383.37(c),
Table 4 to 383.51, and 383.53(b) of this subchapter.

Sec. 384.223 Railroad-highway grade crossing violation.

The State must have and enforce laws and/or regulations applicable
to CMV drivers and their employers, as defined in Sec. 383.5 of this
subchapter, which meet the minimum requirements of Secs. 383.37(d),
Table 3 to 383.51, and 383.53(c) of this subchapter.

Sec. 384.224 Noncommercial motor vehicle violations.

The State must have and enforce laws and/or regulations applicable
to drivers of non-CMVs, as defined in Sec. 383.5 of this subchapter,
which meet the minimum requirements of Tables 1 and 2 to Sec. 383.51 of
this subchapter.

Sec. 384.225 Record of violations.

The State must:

(a) CDL holders. Record and maintain as part of the driver history
all convictions, disqualifications and other licensing actions for
violations of any State or local law relating to motor vehicle traffic
control (other than a parking violation) committed in any type of
vehicle.

(b) A person required to have a CDL. Record and maintain as part of
the driver history all convictions, disqualifications and other
licensing actions for violations of any State or local law relating to
motor vehicle traffic control (other than a parking violation) committed
while the driver was operating a CMV.

(c) Make driver history information required by this section
available to the users designated in paragraph (e) of this section, or
to their authorized agent, within 10 days of:

(1) Receiving the conviction or disqualification information from
another State; or

(2) The date of the conviction, if it occurred in the same State.

(d) Retain on the driver history record all convictions,
disqualifications and other licensing actions for violations for at
least 3 years or longer as required under Sec. 384.231(d).

(e) Only the following users or their authorized agents may receive
the designated information:

(1) States--All information on all driver records.

(2) Secretary of Transportation--All information on all driver
records.

(3) Driver--Only information related to that driver's record.

(4) Motor Carrier or Prospective Motor Carrier--After notification
to a driver, all information related to that driver's, or prospective
driver's, record.

Sec. 384.226 Prohibition on masking convictions.

The State must not mask, defer imposition of judgment, or allow an
individual to enter into a diversion program that would prevent a CDL
driver's conviction for any violation, in any type of motor vehicle, of
a State or local traffic control law (except a parking violation) from
appearing on the driver's record, whether the driver was convicted for
an offense committed in the State where the driver is licensed or
another State.

Sec. 384.231 Satisfaction of State disqualification requirement.

(a) Applicability. The provisions of Secs. 384.203, 384.206(b),
384.210, 384.213, 384.215 through 384.219, 384.221 through 384.224, and
384.231 of this part apply to the State of licensure of the person
affected by the provision. The provisions of Sec. 384.210 of this part
also apply to any State to which a person makes application for a
transfer CDL.

(b) Required action. 

(1) CDL holders. A State must satisfy the
requirement of this part that the State disqualify a person who holds a
CDL by, at a minimum, suspending, revoking, or canceling the person's
CDL for the applicable period of disqualification.

(2) A person required to have a CDL. A State must satisfy the
requirement of this subpart that the State disqualify a person required
to have a CDL who is convicted of an offense or offenses necessitating
disqualification under Sec. 383.51 of this subchapter. At a minimum, the
State must implement the limitation on licensing provisions of
Sec. 384.210 and the timing and recordkeeping requirements of paragraphs
(c) and (d) of this section so as to prevent such a person from legally
obtaining a CDL from any State during the applicable disqualification
period(s) specified in this subpart.

(c) Required timing. The State must disqualify a driver as
expeditiously as possible.

(d) Recordkeeping requirements. The State must conform to the
requirements of the October 1998 edition of the AAMVAnet, Inc.'s
``Commercial Driver License Information System (CDLIS) State
Procedures,'' Version 2.0. (Incorporated by reference, see
Sec. 384.107.) These requirements include the maintenance of such driver
records and driver identification data on the CDLIS as the FMCSA finds
are necessary to the implementation and enforcement of the
disqualifications called for in Sec. Sec. 384.215 through 384.219, and 384.221 through 384.224 of this part.

Sec. 384.232 Required timing of record checks.

The State shall perform the record checks prescribed in
Secs. 384.205, 384.206, and 384.220, no earlier than 10 days prior to
issuance for licenses issued before October 1, 1995. For licenses issued
after September 30, 1995, the State shall perform the record checks no
earlier than 24 hours prior to issuance if the license is issued to a
driver who does not currently possess a valid CDL from the same State
and no earlier than 10 days prior to issuance for all other drivers.

Sec. 384.233 Background records checks.

(a) The State shall comply with Transportation Security
Administration requirements concerning background records checks for
drivers seeking to obtain, renew, transfer or upgrade a hazardous
materials endorsement in 49 CFR Part 1572, to the extent those
provisions impose requirements on the State.

(b) The State shall comply with each requirement of 49 CFR 383.141.

Sec. 384.301 Substantial compliance-general requirements

(a) To be in substantial compliance with 49 U.S.C. 31311(a), a State
must meet each and every standard of subpart B of this part by means of
the demonstrable combined effect of its statutes, regulations,
administrative procedures and practices, organizational structures,
internal control mechanisms, resource assignments (facilities,
equipment, and personnel), and enforcement practices.

(b) A State shall come into substantial compliance with the
requirements of subpart B of this part in effect as of September 30,
2002 as soon as practical, but, unless otherwise specifically provided
in this part, not later than three years after September 30, 2002.

Sec. 384.305 State certifications for Federal fiscal years after FY 1994.

(a) Certification requirement. Prior to January 1 of each Federal
fiscal year after FY 1994, each State shall review its compliance with
this part and certify to the Federal Motor Carrier Safety Administrator
as prescribed in paragraph (b) of this section. The certification shall
be submitted as a signed original and four copies to the State Director
or Officer-in-Charge, Federal Motor Carrier Safety Administration,
located in that State.

(b) Certification content. The certification shall consist of a
statement signed by the Governor of the State, or by an official
designated by the Governor, and reading as follows: ``I (name of
certifying official), (position title), of the State (Commonwealth) of
------, do hereby certify that the State (Commonwealth) has continuously
been in substantial compliance with all requirements of 49 U.S.C.
31311(a), as defined in 49 CFR 384.301, since [the first day of the
current Federal fiscal year], and contemplates no changes in statutes,
regulations, or administrative procedures, or in the enforcement
thereof, which would affect such substantial compliance through [the
last date of the current Federal fiscal year].''

Sec. 384.307 FMCSA program reviews of State compliance.

(a) FMCSA Program Reviews. Each State's CDL program will be subject
to review to determine whether or not the State meets the general
requirement for substantial compliance in Sec. 384.301. The State must
cooperate with the review and provide any information requested by the
FMCSA.

(b) Preliminary FMCSA determination and State response. If, after
review, a preliminary determination is made either that the State has not
submitted the required annual self-certification or that the State does
not meet one or more of the minimum standards for substantial compliance
under subpart B of this part, the State will be informed accordingly.

(c) Reply. The State will have up to 30 calendar days to respond to
the preliminary determination. The State's reply must explain what
corrective action it either has implemented or intends to implement to
correct the deficiencies cited in the notice or, alternatively, why the
FMCSA preliminary determination is incorrect. The State must provide
documentation of corrective action as required by the agency. Corrective
action must be adequate to correct the deficiencies noted in the program
review and be implemented on a schedule mutually agreed upon by the
agency and the State. Upon request by the State, an informal conference
will be provided during this time.

(d) Final FMCSA determination. If, after reviewing a timely response
by the State to the preliminary determination, a final determination is
made that the State is not in compliance with the affected standard, the
State will be notified of the final determination. In making its final
determination, the FMCSA will take into consideration the corrective
action either implemented or planned to be implemented in accordance
with the mutually agreed upon schedule.

(e) State's right to judicial review. Any State aggrieved by an
adverse decision under this section may seek judicial review under 5
U.S.C. Chapter 7.

Sec. 384.309 Results of compliance determination.

(a) A State shall be determined not substantially in compliance with
49 U.S.C. 31311(a) for any fiscal year in which it:

(1) Fails to submit the certification as prescribed in this subpart;
or

(2) Does not meet one or more of the standards of subpart B of this
part, as established in a final determination by the FMCSA under
Sec. 384.307(c).

(b) A State shall be in substantial compliance with 49 U.S.C.
31311(a) for any fiscal year in which neither of the eventualities in
paragraph (a) of this section occurs.

Sec. 384.401 Withholding of funds based on noncompliance.

(a) Following the first year of noncompliance. A State is subject to
both of the following sanctions:

(1) An amount equal to five percent of the Federal-aid highway funds
required to be apportioned to any State under each of sections
104(b)(1), (b)(3), and (b)(4) of title 23, U.S.C., shall be withheld on
the first day of the fiscal year following such State's first year of
noncompliance under this part.

(2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds
authorized under section 103(b)(1) of the Motor Carrier Safety
Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1754) shall be
withheld from a State on the first day of the fiscal year following the
fiscal year in which the FMCSA determined that the State was not in
substantial compliance with subpart B of this part.

(b) Following second and subsequent year(s) of noncompliance. A
State is subject to both of the following sanctions:

(1) An amount equal to ten percent of the Federal-aid funds required
to be apportioned to any State under each of sections 104(b)(1), (b)(3),
and (b)(4) of title 23, U.S.C., shall be withheld on the first day of
the fiscal year following such State's second or subsequent year of
noncompliance under this part.

(2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds
authorized under section 103(b)(1) of the Motor Carrier Safety
Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1753) shall be
withheld from a State on the first day of the fiscal year following the
fiscal year in which the FMCSA determined that the State had not
returned to substantial compliance with subpart B of this part.

Sec. 384.403 Availability of funds withheld for noncompliance.

(a) Federal-aid highway funds withheld from a State under
Sec. 384.401(a)(1) or (b)(1) shall not thereafter be available for
apportionment to the State.

(b) MCSAP funds withheld from a State under Sec. 384.401(a)(2) or
(b)(2) remain available until June 30 of the fiscal year in which they
were withheld. If before June 30 the State submits a document signed by
the Governor or his or her delegate certifying, and the FMCSA
determines, that the State is now in substantial compliance with the
standards of subpart B of this part, the withheld funds shall be
restored to the State. After June 30, unrestored funds shall lapse and
be allocated in accordance with Sec. 350.313 of this subchapter to all
States currently in substantial compliance with subpart B of this part.

Sec. 384.405 Decertification of State CDL program.

(a) Prohibition on CDL licensing activities. The Administrator may
prohibit a State found to be in substantial noncompliance from
performing any of the following four licensing transactions:

(1) Issuance of initial CDLs.

(2) Renewal of CDLs.

(3) Transfer of out-of-State CDLs to the State.

(4) Upgrade of CDLs.

(b) Conditions considered in making decertification determination.
The Administrator will consider, but is not limited to, the following
five conditions in determining whether the CDL program of a State in
substantial noncompliance should be decertified:

(1) The State computer system does not check the Commercial Driver's
License Information System (CDLIS) and/or National Driver Register (NDR)
as required by Sec. 383.73 of this subchapter when processing CDL
applicants, drivers transferring a CDL issued by another State, CDL
renewals and/or upgrades.

(2) The State does not disqualify drivers convicted of disqualifying
offenses in commercial motor vehicles.

(3) The State does not transmit convictions for out of State drivers
to the State where the driver is licensed.

(4) The State does not properly administer knowledge and/or skills
tests to CDL applicants or drivers.

(5) The State fails to submit a corrective action plan for a
substantial compliance deficiency or fails to implement a corrective
action plan within the agreed upon time frame.

(c) Standard for considering deficiencies. The deficiencies
described in paragraph (b) of this section must affect a substantial
number of either CDL applicants or drivers.

(d) Decertification: preliminary determination. If the Administrator
finds that a State is in substantial noncompliance with subpart B of
this part, as indicated by the factors specified in Sec. 384.405(b),
among other things, the FMCSA will inform the State that it has made a
preliminary determination of noncompliance and that the State's CDL
program may therefore be decertified. Any response from the State,
including factual or legal arguments or a plan to correct the
noncompliance, must be submitted within 30 calendar days after receipt
of the preliminary determination.

(e) Decertification: final determination. If, after considering all
material submitted by the State in response to the FMCSA preliminary
determination, the Administrator decides that substantial noncompliance
exists which warrants decertification of the CDL program, he or she will
issue a decertification order prohibiting the State from issuing CDLs
until such time as the Administrator determines that the condition(s)
causing the decertification has (have) been corrected.

(f) Recertification of a State. The Governor of the decertified
State or his or her designated representative must submit a
certification and documentation that the condition causing the
decertification has been corrected. If the FMCSA determines that the
condition causing the decertification has been satisfactorily corrected,
the Administrator will issue a recertification order, including any
conditions that must be met in order to begin issuing CDLs in the State.

(g) State's right to judicial review. Any State aggrieved by an
adverse decision under this section may seek judicial review under 5
U.S.C. Chapter 7.

(h) Validity of previously issued CDLs. A CDL issued by a State
prior to the date the State is prohibited from issuing CDLs in
accordance with provisions of paragraph (a) of this section, will remain
valid until its stated expiration date.

Sec. 384.407 Emergency CDL grants.

The FMCSA may provide grants of up to $1,000,000 per State from
funds made available under 49 U.S.C. 31107(a), to assist States whose
CDL programs may fail to meet the compliance requirements of subpart B
of this part, but which are determined by the FMCSA to be making a good
faith effort to comply with these requirements.

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