States must go all-electronic on CDL info exchange by August 2024

The Federal Motor Carrier Safety Administration is taking steps to address shortcomings in collecting commercial driver’s license disqualifications, as noted in a recent federal report.

The agency will publish a final rule requiring state driver licensing agencies to “implement a system and practices for the exclusively electronic exchange of driver history record information through the Commercial Driver’s License Information System, including the posting of convictions, withdrawals, and disqualifications.”

The rule aligns FMCSA’s regulations with existing statutory requirements set forth in the Moving Ahead for Progress in the 21st Century Act (MAP21). The rule also establishes August 22, 2024, as the date by which states must be in substantial compliance with this final rule.

Notice of the final rule is expected to publish in the Friday, July 23, edition of the Federal Register.

FMCSA has “gaps in its oversight of CDL disqualification regulations,” according to a self-initiated audit of the agency, conducted by the Department of Transportation’s Office of Inspector General.

The audit, which was released on Wednesday, July 14, was aimed at assessing FMCSA’s oversight of states’ actions to disqualify commercial drivers when warranted.

The Office of Inspector General made seven recommendations to strengthen FMCSA’s oversight.

1. Improve current requirements for states to record, track and maintain paper-based convictions sent and received via mail by incorporating its standardized method for states to aggregate paper-based convictions to facilitate FMCSA’s evaluation of state performance.
2. Finalize and implement standardized operating procedures for conducting annual program reviews and for supervisory quality control reviews of completed annual program reviews.
   Modify the annual program review checklist to require reviewers to address key factors.
3. Finalize and implement a standard operating procedure for determining when a state is not making a good faith effort to timely mitigate compliance issues and when to impose sanctions on noncompliant states.
4. Complete the agency’s review of the state compliance records enterprise system and implement identified improvements for managing states’ compliance issues.
5. Develop and implement a process to segregate non-CDL holder convictions from all Commercial
6. Driver’s License Information System reports and workbooks used to evaluate state’s compliance with CDL regulations.
7. Develop and implement a plan for coordinating with the American Association of Motor Vehicle Administrators to mitigate risks when states transition to new software systems.

According to the report, FMCSA concurred with all seven recommendations and are considered “resolved.” LL