What does 49 CFR 383.5 (Definitions) require?

Short answer

49 CFR 383.5 requires definitions for terms used in this part, including Administrator, Alcohol or alcoholic beverage, Commercial driver's license, Commercial motor vehicle, Conviction, Disqualification, and Driver applicant.

The rule says

"Administrator means the Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation." (49 CFR 383.5)

"Alcohol or alcoholic beverage means: (1) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (2) Wine of not less than one-half of one per centum of alcohol by volume, or (3) Distilled spirits as defined in section 5002(a)(8), of such Code." (49 CFR 383.5)

1. "Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal" (49 CFR 383.5)

2. "Disqualification means any of the following three actions: (1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance." (49 CFR 383.5)

In plain English

These definitions are crucial for understanding the regulations related to commercial driver's licenses and motor vehicles. The definition of "conviction is also important, as it affects a driver's eligibility to hold a commercial driver's license. Additionally, the definition of .disqualification" outlines the actions that can result in a driver losing their commercial driver's license privileges.

What to do

• Review the definitions in 49 CFR 383.5 to ensure understanding of key terms related to commercial driver's licenses and motor vehicles.
• Verify that all drivers operating commercial motor vehicles meet the requirements outlined in the definitions.
• Ensure that company policies and procedures align with the definitions and regulations outlined in 49 CFR 383.5.