Law Enforcement Page
Law Enforcement continues to be a valuable part in ensuring that case filings are accurate so the courts can properly be entered into the system.
It is also equally important that all police officers have full knowledge of those violations that are defined as disqualifying by definition. The information provided below gives you all of the needed resources to allow you to accomplish that task as well as reducing crashes. Please feel free to send me any additional tools you feel would be helpful to enhancing this page.
Continuing education is also available to enhance the awareness when requested at any time. For more information please contact me at ggraber7122@outlook.com
Please scroll down through this page for all of the helpful information.
NEW YORK STATE PARTNER LINKS
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IMPORTANT DEFINITIONS REGARDING MASKING
49CFR § 384.226 Prohibition on masking convictions.
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
49 CFR §383.5 Commerce
(1) Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or
(2) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition.
49 CFR§383.5 Conviction
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, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
49 CFR § 383.5 Disqualification
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.
(2) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).
(3) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter.
SCROLL DOWN THIS PAGE FOR STAKEHOLDER LINKS/NYS DMV MEMOS/
TRANSPORTATION LAW (140 and 14f) FLOWCHARTS
CDL STAKEHOLDER LINKS AND RESOURCES
INTERACTIVE 49CFR 383.51 DISQUALIFICATION TABLES
NCSC COMMERCIAL DRIVERS LICENSE RESOURCE CENTER
NATIONAL JUDICIAL COLLEGE 49 CFR 383.51 TABLE BENCHCARD
NDAA/NATIONAL TRAFFIC LAW CENTER
NATIONAL TRAFFIC LAW CENTER (NTLC) MASKING RELATED ARTICLES AND RESOURCES
NEW YORK STATE DMV "M" MEMOS
NYS ETHICS OPINIONS REGARDING PLEAS
