Page 12 - 2021-2022 Commercial Drivers Manual

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SECTION : INTRODUCTION

a fine of not less than $100,000.00 nor more You must be properly restrained by a safety International Registration Plan (IRP) and the
than $1 million, or both.(f) Notwithstanding belt at all times while operating a commercial International Fuel Tax Agreement (IFTA). These

subsections (d) and (e) of this Code section, if motor vehicle. The safety belt design holds the federally mandated programs provide for the

the property taken is a trailer, semitrailer, con- driver securely behind the wheel during a crash, equitable collection and distribution of vehicle

tainer, or other associated equipment, or the helping the driver to control the vehicle and license fees and motor fuels taxes for vehicles

cargo being transported therein or thereon, reduces the chance of serious injury or death. traveling throughout the 48 contiguous United
which is deployed by or used by a law en- If you do not wear a safety belt, you are four States and 10 Canadian provinces.
forcement agency, regardless of its value, a times more likely to be fatally injured if you Under the IRP, jurisdictions must register
person convicted of a violation of this Code are thrown from the vehicle. apportioned vehicles which includes issuing
section shall be punished by imprisonment You are not allowed to hold a mobile tele- license plates and cab cards or proper creden-

for not less than one nor more than ten years, phone to conduct a voice communication or tials, calculate, collect and distribute IRP fees,

a fine of not less than $10,000.00 nor more than dial a mobile telephone by pressing more than audit carriers for accuracy of reported distance
$100,000.00, or both.(g) A person convicted of a single button when driving. and fees and enforce IRP requirements.
a violation of this Code section may also be You are not allowed to send or read text mes- Registrant responsibilities under the Plan
punished by, if applicable, the revocation of sages while driving. include applying for IRP registration with base
the defendant’s commercial driver’s license jurisdiction, providing proper documentation for
in accordance with Code Section 40-5-151. Penalties for False Information registration, paying appropriate IRP registration
fees, properly displaying registration credentials,
• Pursuant to 49 CFR 383.73(j), if a State deter-
1.4 – Other CDL Rules mines, in its check of an applicant’s license maintaining accurate distance records, and mak-
There are other federal and state rules that status and record prior to issuing a CLP or ing records available for jurisdiction review.
affect drivers operating CMVs in all states. CDL, or at any time after the CLP or CDL is The basic concept behind IFTA is to allow
Among them are: a licensee (motor carrier) to license in a base
issued, that the applicant has falsified infor-
• You cannot have more than one license. If mation contained in subpart J of this part, in jurisdiction for the reporting and payment of

you break this rule, a court may fine you up any f the certifications required in § 383.71(b) motor fuel use taxes.
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to $5,000 or put you in jail or (g), or in any of the documents required Under the IFTA, a licensee is issued one set
to be submitted by § 383.71(h), the State must of credentials which will authorize operations
• You must notify your employer within 30 at a minimum disqualify the person’s CLP through all IFTA member jurisdictions. The
days of conviction for any traffic violations or CDL or his/her pending application, or fuel use taxes collected pursuant to the IFTA
(except parking). This is true no matter what disqualify the person from operating a com- are calculated based on the number of miles
type of vehicle you were driving. (kilometers) traveled and the number of gallons
mercial motor vehicle for a period of at least
• You must notify your motor vehicle licensing 60 consecutive days. (liters) consumed in the member jurisdictions.
agency within 30 days if you are convicted in The licensee files one quarterly tax return with
any other jurisdiction of any traffic violation • Pursuant to 49 CFR 383.73(k)(1), the State the base jurisdiction by which the licensee will
(except parking). This is true no matter what must have policies in effect that result, at a report all operations through all IFTA member
type of vehicle you were driving. minimum, in the disqualification of the CLP jurisdictions.
or CDL of a person who has been convicted It is the base jurisdiction’s responsibility to
• You must notify your employer within two of fraud related to the issuance of that CLP remit the taxes collected to other member ju-
business days if your license is suspended, or CDL. The application of a person so con- risdictions and to represent the other member
revoked, or canceled, or if you are disquali- victed who seeks to renew, transfer, or up- jurisdictions in the tax collection process, in-
fied from driving. grade the fraudulently obtained CLP or CDL cluding the performance of audits.
must also, at a minimum, be disqualified. The An IFTA licensee must retain records to
• You must give your employer information on
all driving jobs you have held for the past 10 State must record any such withdrawal in support the information reported on the IFTA
years. You must do this when you apply for the person’s driving record. The person may quarterly tax return
The IRP registrant and the IFTA licensee
a commercial driving job. not reapply for a new CDL for at least 1 year. may be the vehicle owner or the vehicle op-
• Pursuant to 49 CFR 383.73(k)(2), if a State re-
• No one can drive a commercial motor vehicle ceives credible information that a CLP- or erator.
without a CDL. A court may fine you up to CDL-holder is suspected, but has not been The requirement for acquiring IRP plates for
$5,000 or put you in jail for breaking this rule. a vehicle and IFTA license for a motor carrier
convicted, of fraud related to the issuance
• If you have a hazardous materials endorse- of his/her CLP or CDL, the State must re- is determined by the definitions from the IRP
ment you must notify and surrender your quire the driver to re-take the skills and/or Plan and the IFTA for Qualified Vehicle and
hazardous materials endorsement to the state knowledge tests. Within 30 days of receiving Qualified Motor Vehicle. For purposes of IRP:
that issued your CDL within 24 hours of any notification from the State that re-testing is • A Qualified Vehicle is (except as provided
conviction or indictment in any jurisdiction, necessary, the affected CLP- or CDL-holder below) any Power Unit that is used or in-

civilian or military, for, or found not guilty by must make an appointment or otherwise tended for use in two or more Member Juris-
reason of insanity of a disqualifying crime schedule to take the next available test. If the dictions and that is used for the transporta-
listed in 49 CFR 1572.103; who is adjudicated CLP- or CDL-holder fails to make an appoint- tion of persons for hire or designed, used, or
as a mental defective or committed to a men- ment within 30 days, the State must disqualify maintained primarily for the transportation
tal institution as specified in 49 CFR 1572.109; his/her CLP or CDL. If the driver fails either of property, and:
or who renounces his or her U. S. citizenship; the knowledge or skills test or does not take 1. has two Axles and a gross Vehicle weight
the test, the State must disqualify his/her CLP or registered gross Vehicle weight in
• Your employer may not let you drive a com- or CDL. Once a CLP- or CDL-holder’s CLP or excess of 26,000 pounds (11,793.401 kilo-
mercial motor vehicle if you have more than CDL has been disqualified, he/she must reap- grams), or
one license or if you’re CDL is suspended or ply for a CLP or CDL under State procedures 2. has three or more Axles, regardless of
revoked. A court may fine the employer up applicable to all CLP and CDL applicants. weight, or
to $5,000 or put him/her in jail for breaking 3. is used in combination, when the gross Ve-
this rule. 1.5 – I nternational Registration hicle weight of such combination exceeds
• All states are connected to one computerized Plan International Fuel 26,000 pounds (11,793.401 kilograms).
system to share information about CDL driv- Tax Agreement
ers. The states will check on drivers’ accident If you operate a CDL required vehicle in • While similar, the Qualified Motor Vehicle in
records to be sure that drivers do not have interstate commerce, the vehicle, with few ex- IFTA means a motor vehicle used, designed,
more than one CDL. ceptions, is required to be registered under the or maintained for transportation of persons
or property and:
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