Reporting tickets to DMV

[golfhobo]

Okay.... here's the reg in question:

§383.31 Notification of convictions for driver violations.
(a) Each person who operates a commercial motor vehicle, who has a commercial driver’s license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her license, shall notify an official designated by the State or jurisdiction which issued such license, of such conviction. The notification must be made within 30 days after the date that person has been convicted.

(b) Each person who operates a commercial motor vehicle, who has a commercial driver’s license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation), shall notify his/her current employer of such conviction. The notification must be made within 30 days after the date that the person has been convicted. If the driver is not currently employed, he/she must notify the State or jurisdiction which issued the license according to §383.31(a).

It appears that if we get a ticket in a DIFFERENT state than the one that issued our CDL, we must notify our own DMV so they can be sure to screw us with points, etc.

Have any of you that got such a ticket actually TOLD on yourself to your own DMV?

And what would be the penalty/consequences if you didn't?

People are always talking about how some state may or may not report it back to the "issuing state." But, the reg seems to say that it doesn't matter... because WE have to report it to them!

This is a serious question from me, and I promise to TRY not to argue with the REV or M/B about their answers.

All others who can contribute opinions or actual experiences would also be appreciated.

As for myself.... I got a ticket in NM about 3 years ago, and I guess I hadn't studied this reg fully yet.... cuz I never reported on myself! It took almost 2 years to show up on my MVR, but no one has come to get me and throw me in jail for not reporting it.

Am I reading the reg incorrectly?

Do ALL of you report such out of state tickets to your own DMV?

[Fredog]

I wasnt aware of that law and have never reported anything to anyone other than my employer. havent gone to jail... yet

[Rev.Vassago]

No, I don't. I guess I'm a law breaker.

[golfhobo]

No, I don't. I guess I'm a law breaker.

Well, I always suspected that! But... how do you read that reg? (Besides S-L-O-W-L-Y) Sorry.... couldn't resist.

Do you think this is something the guys like M/B are supposed to catch when checking company retained MVR's against DMV records of notification or something?

Is the DMV just too busy to rat us out when they DO find out?

[Rev.Vassago]

I'm sure companies have gotten fined for this in the past. Ultimately, since the motor carrier is required by law to obtain a copy of the MVR once per year (and I believe is also required to get a list from the driver of all moving violations in the past year), they are ultimately compelling the driver to comply with the reg, even if not within the time frame required.

[golfhobo]

Rev.Vassago said:

I'm sure companies have gotten fined for this in the past.

Okay... so much for my promise! But, I'm not REALLY arguing.... just discussing.

I don't see how a company would get fined for a DRIVER not complying with the regs pertaining to the DMV. Maybe, you mean companies that let a driver get away without informing the COMPANY.... but, that is not what I was referring to. I TOLD my company about my ticket in NM.... I just didn't tell my "issuing" DMV.

It seems as if the reg basically says this: If you get a ticket, you ALWAYS tell your company.

But, if you get a ticket in the "issuing" state, they (the DMV) already KNOW... so you don't have to tell YOUR DMV (or the company does.... but, I doubt it.)

But, if you get an out of state ticket, you tell your company AND you have to tell your own DMV.

Again, not really arguing your point, but I don't see a company being fined IF YOU TOLD THEM.... but didn't tell your "issuing" DMV.

Ultimately, since the motor carrier is required by law to obtain a copy of the MVR once per year (and I believe is also required to get a list from the driver of all moving violations in the past year), they are ultimately compelling the driver to comply with the reg, even if not within the time frame required.

Okay.... but, you are (I think) referring to only HALF the reg. The half about telling your employer.

The FIRST paragraph seems to address ONLY telling your "issuing" DMV about out of state tickets. Doesn't even mention the company, cuz that was covered in the SECOND paragraph. And it even says that if you don't HAVE a company.... you STILL have to tell on yourself to the DMV. [Ironically, EVEN if it was an "in-state" ticket.]

I understand what you are saying about how the company, by getting YOU to list ALL tickets would be compelling you to comply.... IF they actually are required to tell on you if it's NOT on your MVR. But, I doubt THEY would get fined for YOUR "lawbreaking."

But, that's not the point.

It sounds like you are saying (and perhaps the FMCSA is saying) that you must notify your employer within 30 days of ANY ticket... AND that they are supposed to notify the DMV. [Maybe Twilight or someone can opine on this.]

In addition, if you are unemployed, you have to tell your own DMV about it. (regardless of where it happened.)

And if it is an "out of state" ticket," you have to tell your company AND your own DMV about it (in case your company doesn't tell on you!)

Is THAT the way YOU read it, Rev?

[chris1]

You do know that your employer can (if they choose to) run a "all state's" search on your license.

[wanderingson]

I think all that is required for a driver to do, is to report the violation/ticket to your carrier within 30 days, as was stated. I believe that's what the regs are.

I've never heard of anyone (CDL driver or not) having to report violations directly to the DMV. I think the employer should do that, if required. Doesn't any moving violation automatically show up on your DMV record anyhow? I always thought it did.

Also, aren't CDL license holders in a federal data bank/ computer system? A CDL is a federal license, regulated by the feds. I would think that any violation from another state would show up, but I'm not sure, I've never had an out of state ticket.

if it were me, I'd leave it up to the company to report any out of state ticket, as needed. Just do your part as a driver and report it to your company.

Just my .02 worth

[kc0iv]

I think all that is required for a driver to do, is to report the violation/ticket to your carrier within 30 days, as was stated. I believe that's what the regs are.

I've never heard of anyone (CDL driver or not) having to report violations directly to the DMV. I think the employer should do that, if required. Doesn't any moving violation automatically show up on your DMV record anyhow? I always thought it did.

Also, aren't CDL license holders in a federal data bank/ computer system? A CDL is a federal license, regulated by the feds. I would think that any violation from another state would show up, but I'm not sure, I've never had an out of state ticket.

if it were me, I'd leave it up to the company to report any out of state ticket, as needed. Just do your part as a driver and report it to your company.

Just my .02 worth

As golfhobo quoted both your employer AND your home state must be notified.

While the feds have control of the CDL program each state issues their own CDL. Secondly, their is not a federal data bank of CDL licenses.

kc0iv

[golfhobo]

You do know that your employer can (if they choose to) run a "all state's" search on your license.

Thanks for your input, Chris.

Actually... I DIDN'T know that, so I appreciate the info. However, that is not really the issue either. According to the reg, and I'm sure ALL of us know, we MUST tell our employer about each ticket regardless of the state we "earned" it in. In MOST cases, it will be listed on the level I "inspection" that comes along with it (IF we are in a CMV.) So, they know about it within 24 hours.

And, according to the reg, unless we are UNEMPLOYED, we don't have to report it to our own DMV "IF" it is an in-state offense. This would suppose EITHER that the employer DOES report to the DMV.... OR.... that our in-state DMV should KNOW about tickets they have issued!

But, the reg also seems to say that we must report out-of-state tickets (whether in a CMV or NOT) to our "issuing state" in ADDITION to notifiying our employer if we HAVE one.

My question remains.... MUST we report out of state tickets to our "issuing" DMV whether employed or not?

[golfhobo]

As golfhobo quoted both your employer AND your home state must be notified.

While the feds have control of the CDL program each state issues their own CDL. Secondly, their is not a federal data bank of CDL licenses.

kc0iv

Thanks for your input, KC! I didn't want to debate the misconception of the "national data base."

Perhaps, this is a NEW revision to the regs? .... brought about by the fact that some states STILL don't report to the "issuing state?"

"Older salts" than me seem to have never heard about such a requirement. Ridge Runner is in "Safety." Maybe HE knows. I can't PM him.

Of course, like the REV says, each year we have to tell our companies about them if they don't already know. Do they THEN tell our issuing DMV? And is there THEN a penalty for US having NOT told them about it within the 30 days?

I THINK I understand the "spirit" of the reg

But, I don't see that anyone is practicing the LETTER of the reg!

[Rev.Vassago]

But, I don't see that anyone is practicing the LETTER of the reg!

It wouldn't be the first time a law hasn't been enforced. I'm sure it won't be the last either. The burden of proof would be on the state, and I doubt the have the resources to track down DMV records from every other state for every CDL holder in their state.

It's like marijuana tax stamps. Sure, some states have laws on the books that require one to purchase a marijuana tax stamp, but nobody does it. But if they can sucker even a few people into doing it, then they are better off than they were before.

Having a law on the books costs nothing. Enforcing the law is where the expense is incurred. Some people are honest enough to follow a law that will never be enforced, and is ultimately self-incrimination.

[golfhobo]

Thanks for your input and opinion, Rev! I'll send them to YOU when I get busted!

Fact is.... I'm not worried about the one in NM several years ago. I RECENTLY got a speeding ticket in TN, and I was looking up the reg to find the proper format for reporting it to my company (even though they had the inspection report.) It was REDUCED from what was on the report, and I needed them to have the ACTUAL conviction speed (because the "reported" speed would be a termination.)

Then I stumbled across the requirement in that reg to notify my OWN DMV.... and I wanted my company to provide ONLY what shows up on my MVR next year to their INSURANCE company!

As we all know, sometimes companies want to keep you IF they can get you by their insurance companies!

For all who are reading..... I had no intention (or ability) to HIDE my offense from my company! I just couldn't believe we were required to inform on ourselves to our "issuing" DMV!

I guess I AM one of those "law abiding citizens" who try to play by the rules.... but there HAS to be a LIMIT!

I WOULD appreciate it if you would ask Ridge Runner and M/B for their inputs.

[chris1]

In three different audits i have only been asked to show DMV reports and any/all tickets that did not show up on the DMV. That's a carrier responsibilty. Of the drivers that were picked the auditor already had a list of tickets from all states,just verifying that we had them in our records. If they had a parking ticket they would use it on the log audit. I was never asked about drivers reporting to the state.
In pulling all states reports i have found suspended privileges in different states for unpaid tickets,child support,ect that did not show on the issuing state report. It would show the license as valid.
I don't see the driver not reporting as a violation by the company.
There has been a number of rivisions on that page,the latest 7/03. As there is no mention of "CDL" only state jurisdiction it may relate to before that time.

[A Smalltown Rube]

And what would be the penalty/consequences if you didn't?

As far as penalties- Since 383.31 falls under the CFR's, it has no Force in Law. The FMCSA would have to make a criminal referral to the Dept. of Justice, which isn't gonna happen. There's too many drivers that don't follow the rules.

Drivers who don't report traffic convictions usually get snagged when they go to renew their CDL and the DMV runs a CIDLIS check. If you have a pattern of violations your home state DMV may require you to re-take the written/skills tests before they renew your CDL. They may even suspend it, depending on the type(s) of violations.

[Rev.Vassago]

I WOULD appreciate it if you would ask Ridge Runner and M/B for their inputs.

Or you could just PM them yourself.

[freebirdrfd]

i always obay all federal, state, and local laws. so i would know nothing about reporting violations..