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ERMUSR Misc Issues 05-16-2006
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ERMUSR Misc Issues 05-16-2006
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5/16/2006
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Several cities have already asked how they should handle employment of a CDL holder <br />in the time between an arrest and the outcome of a case under this new law. If an employee loses <br />his/her CDL immediately due to the offense and holding a valid CDL is an essential function of <br />the position, the city should consider removing the employee from the job until more information <br />is available. While "work permits" can be issued for use in a personal vehicle, work permits are <br />not available for commercial motor vehicles. In addition, a city should look to existing CDL <br />drug and alcohol testing policies for guidance, contact the city attorney and touch base with the <br />League of Minnesota Cities for answers to additional questions. <br />It is important that every city take the time to educate both CDL holders and the <br />employees who supervise CDL holders. Employees need to understand the potential impact of <br />this new law: Behavior in personal vehicles will count against the employee's ability to hold a <br />CDL. The League's HR & Benefits Department is developing additional materials to provide <br />member cities with further guidance on this issue. <br />More information about the FMCSA and this law can be found online at <br />www.fmcsa.dot.gov or by contacting the League's HR & Benefits Department at 800-925-1122 <br />or HR&Benefits(a~lmnc.org. <br />Earlier this year the state of Minnesota adopted legislation <br />conforming state law with the federal regulations <br />addressing standards, requirements and penalties for <br />commercial driver's license (CDL) holders. Because the <br />federal regulations were adopted by reference in Minnesota <br />Statutes 171.165, it is necessary to go to the Code of <br />Federal Regulations for the text of this new law (see 49 <br />CFR 383, subpart D and 49 CFR 384.219). These <br />requirements were developed and are administered on the <br />federal level by the Federal Motor Carrier Safety <br />Administration (FMCSA). <br />Training_/Information Resources: <br />Richard Norberg <br />Office of Freight & Commercial Vehicle Operations <br />MN Department of Transportation <br />651-405-6119 <br />Dan Drexler <br />Minnesota Division <br />Federal Motor Carrier Safety Administration <br />651-291-6150 <br />
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