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New law Affects City CDL Holders By Tracie Chamberlin arlier this year, Minnesota adopted legislation confornung state law with federal regulations I addressing standards, requirements, and penalties for commercial driver's license (CDL) holders. Effective Aug. 1, 2005, convictions for certain offenses (e.g., driving while under the influence of alcohol or serious traffic violations (e. g., exces- sive speeding) committed in a commer- cial motor vehicle (CMV) or personal vehicle will count against a driver's abil- ity to hold a CDL. Any offense that occurred before Aug. 1, 2005, is not covered by this new state law. Some city positions that commonly reyuire an employee to hold a CllL include snowplow drivers, heavy equip- ment operators, and certain mainte- nance or park positions. Employees or volunteers who drive fire trucks and/or emergency fire equipment as part of their work for the city are not required to hold a CDL. Seven key provisions are found in the new law and they address the follow- ing areas: disqualification for driving while suspended, disqualified, or after causing a fatality; emergency disqualifi- cation of drivers posing an imminent hazard; expanded definition of serious traffic violations; extended driver record check; new notification requirements; masking prohibition (convictions will now appear on driver records and be available to authorized parties); i and disqualification for violations obtained while driving a noncommer- cial motor vehicle. Even though many of these provisions require action only at the state level, ~ cities with any job requiring an indi- vidual to hold a CDL should review the disqualifying offenses section of the law at: www.fmcsa.dot.gov (in Clue Search box enter 383.51). Share this information with every employee hold- ing a CDL.Z he disqualifying offenses I section provides tables that describe an offense and the ensuing penalty. Probably the most notable change is the penalties for drug and alcohol related offenses. If a C;DL holder is arrested for driving under the influence of alcohol and/or a controlled substance, a first conviction or refusal to be tested while operating a CMV or a personal vehicle disqualifies the CDL holder from operating a CMV for one year. If a second conviction or refusal to test occurs in this same scenario, the CDL holder is disqualified from operating a CMV for life. Other penalties relate to traffic violations. If a CDL holder is convicted two or snore times in a three-year period for a combination of any of the traffic violations noted in the law, the CDL holder is disqualified from driving a CMV for anywhere from 60 to 120 days. Again, the disqualification applies whether the offense occurred in a CMV or in a personal vehicle. Most of these new regulations will not directly affect a city's CDL drug- and-alcohol testing policies. Rather, these changes are more likely to impact policies and practices related to discipline, light duty, paid time off, and extended leaves of absence. It will be important for cities to review policies, practices, and any union contract language that may be affected by the new law. In addition, cities should consider reviewing job descriptions that list "holding a valid CDL" as an essential job function. Several cities have already asked how they should handle employment of a CDL holder in the time between an arrest and the outcome of a case under this new law. If an employee loses his/her CDL immediately due to the offense, and holding a valid CDL is an essential function of the posi- tion, the city should consider removing the employee from the job until more information is available. While work permits can be issued for use in a personal vehicle, work per- mits are not available for commer- cial motor vehicles. In addition, a city should look to existing CDL drug-and- alcohol testing policies for guidance, contact the city attorney, and touch base with the League of Minnesota Cities for answers to additional questions. Every city should take the time to educate CDL holders and the employees who supervise CDL holders. Employees need to understand the potential impact of this new law-behavior in personal vehicles will count against the employee's ability to hold a CDL. The League's HR & Benefits Depart- ment is developing additional materials to provide members with further guidance on this issue. More information about the FMCSA and this law is available online at: www.fmcsa.dot.gov, or by contacting the League's HR & Benefits Department at (800) 925-1122 or HR&Benefits@lmnc.org. t Tracie Chanr.b~~rlin is human resources manager u~itll the League of Minnesota Cities. Phone: (651) 281-1210. E-snail: ~chamberlin @lnmc. org. Commercial driver's license regulations Earlier this year, Minnesota adopted legislation conforming state law with federal regulations addressing standards, requirements, and penalties for connuer- cial driver's license holders. Because the federal regulations were adopted by reference in Minnesota Statutes 171.165, it is necessary to go to the Code of Federal Regulations for the text oFthis new law (see 49 CFR part 383, subpart D and 49 CFR C 384.219).The require- ments were developed and are admin- istered by the Federal Motor Carrier Safcry Administration (FMCSA). NOV EMUER-I~HC F:MbE1L ~l)~)S M IN Nr-.SU"I'A C ITI P.S 21