What does 49 CFR 383.31 (Notification of convictions for driver violations) require?

Short answer

49 CFR 383.31 requires a commercial driver to notify their state of licensure and employer within 30 days of a conviction for a traffic violation, except in cases where the conviction occurs in a state with a certified CDL program in substantial compliance with FMCSA regulations. The notification must include specific information such as the driver's name, license number, date of conviction, and details of the offense.

The rule says

"Each person who operates a commercial motor vehicle, who has a commercial learner's permit or 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 permit or license, shall notify an official designated by the State or jurisdiction which issued such permit or license, of such conviction." (49 CFR 383.31(a))

"A person is considered to be in compliance with the requirements of paragraph (a) of this section if the conviction occurs in a State or jurisdiction that is in substantial compliance with 49 CFR 384.209 and has not been de-certified in accordance with 49 CFR 384.405." (49 CFR 383.31(d))

In plain English

This rule is about making sure that commercial drivers report any traffic convictions to their state of licensure and employer. The goal is to keep unsafe drivers off the road and ensure that employers are aware of their drivers' records. The rule applies to convictions that occur in any state, not just the driver's home state. However, if the conviction happens in a state with a certified CDL program that follows FMCSA rules, the driver doesn't have to report it themselves - the state will take care of it.

What to do

• Check if the conviction occurred in a state with a certified CDL program in substantial compliance with FMCSA regulations.
• If not, notify the state of licensure and employer within 30 days of the conviction.
• Include all required information in the notification, such as driver's name, license number, date of conviction, and details of the offense.
• Keep a record of the notification and any subsequent actions taken by the state or employer.