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 :lol:

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.

 

Thanks for your input and opinion, Rev! I'll send them to YOU when I get busted! :lol2:

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! :roll:

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! :eek2:

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

 

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.

 

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.

 

Or you could just PM them yourself.

 

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