HSB 92

The record check provides information about an applicant’s driving record and relevant criminal history, if any. The record check must include a check of the applicant’s driving record as maintained by the applicant’s current state of licensure, a check with the commercial driver’s license information system (CDLIS), and a check with the problem driver pointer system. _____ and if in response to the request the state receives notification that the applicant is prohibited from operating a commercial motor vehicle, the state must not issue, renew, or upgrade the person’s CDL or CLP. A state must, upon receiving notification that a CDL or CLP holder is prohibited from operating a commercial motor vehicle, initiate established procedures for downgrading the CDL or CLP. The downgrade must be completed and recorded on the CDLIS driver record within days of the state’s receipt of such notification. A state will be required to terminate a downgrade process, reinstate a CDL or CLP, make a person eligible for a CDL or CLP, and expunge from the CDLIS driver record any reference related to a person’s erroneous prohibited status upon receiving appropriate notification that the person is no longer prohibited from operating a commercial motor vehicle. The bill provides that certain violations will result in a fine in accordance with the civil penalty provided in federal regulations. An individual who violates an out-of-service order commits a simple misdemeanor and is subject to a fine of not less than $3,471 for a first conviction and not less than $6,943 for a second or subsequent conviction within years. An employer of a CDL holder who knowingly allows, requires, permits, or authorizes an employee to operate a commercial motor vehicle during any period in which the CDL holder is subject to an out-of-service order is subject to a fine of not less than $6,269 or more than $34,712. An employer of a CDL holder who knowingly allows, requires, permits, or authorizes that CDL holder to operate a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings is subject to a fine of not more than $17,995. The bill amends Code citations to conform to applicable federal regulations.