SB258ENROLLED
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SB258
TENT155-3
By Senators Kelley, Kitchens, Jones, Sessions, Williams,
Weaver, Chesteen, Elliott
RFD: Transportation and Energy
First Read: 21-Mar-24
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First Read: 21-Mar-24
Enrolled, An Act,
Relating to commercial motor vehicles; to amend
Sections 32-6-49.5, 32-6-49.8, 32-6-49.10, 32-6-49.11,
32-6-49.19, 32-9A-2, and 32-9A-4, Code of Alabama 1975, to
revise existing state law to conform to various changes to
Federal Motor Carrier Safety Administration (FMCSA)
regulations, including deleting a requirement for a driver to
report certain violations; deleting a school bus driver fee
and written test waiver; revising fees for commercial driver
licenses and learner's permits; adding a human trafficking
ban; and repealing a steel coil transport certification
requirement; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 32-6-49.5, 32-6-49.8, 32-6-49.10,
32-6-49.11, 32-6-49.19, 32-9A-2, and 32-9A-4, Code of Alabama
1975, are amended to read as follows:
"§32-6-49.5
Notification required by driver shall be as follows:
(a) Notification of convictions:
(1) TO STATE. Any driver holding a commercial driver
license issued by this state, who is convicted of violating
any state law or local ordinance relating to motor vehicle
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any state law or local ordinance relating to motor vehicle
traffic control, in any other state or federal, provincial,
territorial, or municipal laws of Canada, other than parking
violations, must notify the Department of Public Safety in the
manner specified by the department within 30 days of the date
of conviction.
(2) TO EMPLOYERS. (a) Any driver holding a commercial
driver license issued by this state, who is convicted of
violating any state law or local ordinance relating to motor
vehicle traffic control in this or any other state, or
federal, provincial, territorial, or municipal laws of Canada,
other than parking violations, must notify his or her employer
in writing of the conviction within 30 days of the date of
conviction.
(b) Any driver whose commercial driver license is
suspended, revoked, or cancelled by any state, or federal,
provincial, territorial, or municipal laws of Canada, or who
loses the privilege to drive a commercial motor vehicle in any
such state for any period, including being disqualified from
driving a commercial motor vehicle, or who is subject to an
out of service order, must notify his or her employer of that
fact before the end of the business day following the day the
driver received notice of that fact.
(c) Any person who applies to be a commercial motor
vehicle driver must provide the employer, at the time of the
application, with the following information for the 10 years
preceding the date of application:
(1) A list of the names and addresses of the
applicant's previous employers for which the applicant was a
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applicant's previous employers for which the applicant was a
driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for
each employer; and
(3) The reason for leaving that employer.
The applicant must certify that all information
furnished is true and complete. An employer may require an
applicant to provide additional information."
"§32-6-49.8
Commercial driver license qualification standards shall
be as follows:
(a) Testing.
(1) GENERAL. No person may be issued a commercial
driver license unless that person is a resident of this state
and has passed a knowledge and skills test for driving a
commercial motor vehicle which complies with minimum federal
standards established by federal regulation enumerated in 49
C.F.R. part Part 383, subparts Subparts G and H, and has
satisfied all other requirements of the CMVSA in addition to
other requirements imposed by state law or federal regulation.
The tests shall be prescribed and conducted by the department.
(2) THIRD PARTYTHIRD-PARTY TESTING. The department may
authorize a person, including an agency of this or another
state, an employer, a private driver training facility, or
other private institution, or a department, agency, or
instrumentality of local government to administer the skills
test specified by this section, if the test is the same as
what would otherwise be administered by the state and the
third party has entered into an agreement with this state
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third party has entered into an agreement with this state
which complies with requirements of 49 C.F.R. part Part
383.75.
(b) Waiver of skills test. The department may waive the
skills test specified in this section for a commercial driver
license applicant who meets the requirements of 49 C.F.R. part
Part 383.77. In the case of school bus drivers the department
shall waive the skills test herein specified.
(c) Limitations on issuance of license. A commercial
driver license may not be issued to a person while the person
is subject to a disqualification from driving a commercial
motor vehicle, or while the person's driver license is
suspended, revoked, or cancelled in any state or foreign
jurisdiction with reciprocity; nor may a commercial driver
license be issued to a person who has a commercial driver
license issued by any other state unless the person first
surrenders all such licenses, which shall be returned to the
issuing state(s) for cancellation.
(d) The holder of a valid commercial driver license
learner's permit may drive a commercial motor vehicle only
when accompanied by the holder of a commercial driver license
valid for the type of vehicle driven who occupies a seat
beside the individual for the purpose of giving instruction in
driving the commercial vehicle.
(e) A commercial driver license learner's permit for a
particular class or classes of commercial vehicle may be
issued to a person who meets all the qualifications required
of a person seeking a commercial driver license and has passed
the vision and written tests for that class of commercial
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the vision and written tests for that class of commercial
driver license. Commercial driver license learner's permits
may be issued with any endorsements or restrictions provided
for in 49 C.F.R. Part 383. The endorsements or restrictions
shall be coded in accordance with the provisions of 49 C.F.R.
§ 383.153."
"§32-6-49.10
(a) The commercial driver license shall be marked
"Commercial Driver License" or "CDL," and shall be, to the
maximum extent practicable, tamper proof. It shall include,
but not be limited to, all of the following information:
(1) The name and residential address of the person.
(2) The person's color photograph.
(3) A physical description of the person including sex,
height, weight, eye and hair color.
(4) Date of birth.
(5) Any other number or identifier not to include the
Social Security number of the person deemed appropriate by the
department.
(6) The person's signature.
(7) The class or type of commercial motor vehicle or
vehicles which the person is authorized to drive together with
any endorsements or restrictions.
(8) The name of this state.
(9) The dates between which the license is valid.
(b) Commercial driver licenses may be issued with the
following classifications, endorsements, and restrictions as
provided below. The holder of a valid commercial driver
license may drive all vehicles in the class for which that
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license may drive all vehicles in the class for which that
license is issued, and all lesser classes of vehicles
including Class D, except motorcycles (Class M). Vehicles
which require an endorsement may not be driven unless the
proper endorsement appears on the license.
(1) Commercial driver licenses shall be classified as
follows:
Class A - Any combination of vehicles with a gross
vehicle weight rating (GVWR) of 26,001 pounds or more,
provided the GVWR of the vehicle(s) vehicle or vehicles being
towed is in excess of 10,000 pounds.
Class B - Any single vehicle with a GVWR of 26,001
pounds or more, and any such vehicle towing a vehicle not in
excess of 10,000 pounds.
Class C - Any single vehicle with a GVWR of less than
26,001 pounds or any such vehicle towing a vehicle with a GVWR
not in excess of 10,000 pounds comprising:
(i) Vehicles designed to transport 16 or more
passengers, including the driver; and
(ii) Vehicles used in the transportation of hazardous
materials which require the vehicle to be placarded under 49
C.F.R., Part 172, Subpart F.
(2) Endorsements and restrictions shall be coded as
follows:Commercial driver licenses may be issued with any
endorsements or restrictions provided for in 49 C.F.R. Part
383. The endorsements or restrictions shall be coded in
accordance with 49 C.F.R. § 383.153.
"H" - Authorizes the driver to drive a vehicle
transporting hazardous materials.
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transporting hazardous materials.
"K" - Restricts the driver to vehicles not equipped
with airbrakes.
"T" - Authorizes driving double and triple trailers.
"P" - Authorizes driving vehicles carrying passengers.
"S" - Authorizes driving a school bus.
"N" - Authorizes driving tank vehicles.
"X" - Represents a combination of hazardous materials
and tank vehicle endorsements.
(c) Before issuing a commercial driver license, the
department shall obtain driving record information through the
Commercial Driver License Information System, the National
Driver Register, and from each state in which the person has
been licensed.
(d) Within 10 days after issuing a commercial driver
license, the department shall notify the Commercial Driver
License Information System of that fact, providing all
information required to ensure identification of the person.
(e) A commercial driver license issued pursuant to this
article expires as set by existing state law.
(f) Renewal procedures for commercial driver licenses
shall be as follows: Every person applying for renewal of a
commercial driver license shall complete the application form
required by subsection (a), providing updated information and
required certifications. If the applicant wishes to retain a
hazardous materials endorsement, the written test for a
hazardous materials endorsement shall be taken and passed."
"§32-6-49.11
(a)(1) Any person is disqualified from driving a
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(a)(1) Any person is disqualified from driving a
commercial motor vehicle for a period of not less than one
year if convicted of a first violation of one of the
following:
(1)a. Driving a motor vehicle under the influence of
alcohol, or a controlled substance or any other drug which
renders a person incapable of safely driving.
(2)b. Driving a commercial motor vehicle while the
alcohol concentration of the person's blood, urine, or breath
is 0.04 or more.
(3)c. Knowingly and willfully leaving the scene of an
accident involving a motor vehicle driven by the person.
(4)d. Using a motor vehicle in the commission of any
felony.
(5)e. Refusal to submit to a test to determine the
driver's use of a controlled substance or alcohol
concentration while driving a motor vehicle.
(2) If any of the violations in subdivisions (1) to
(5), inclusive,described in this subsection occurred while
transporting a hazardous material required to be placarded,
the person is disqualified for a period of not less than three
years.
(b) A person is disqualified for life if convicted of
two or more violations of any of the offenses specified in
subsection (a), or any combination of those offenses, arising
from two or more separate incidents.
(c) The Alabama State Law Enforcement Agency may issue
regulations and promulgate establishing adopt rules and
establish guidelines, including conditions, under which a
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establish guidelines, including conditions, under which a
disqualification for life under subsection (b) may be reduced
to a period of not less than 10 years.
(d) A person is disqualified from driving a commercial
motor vehicle for life who uses a motor vehicle in the
commission of any felony involving the manufacture,
distribution, or dispensing of a controlled substance, or
possession with intent to manufacture, distribute, or dispense
a controlled substance.
(e) A person is disqualified from driving a commercial
motor vehicle for life if the person is convicted of using a
vehicle in the commission of a felony involving any act or
practice of severe forms of trafficking in persons, as defined
in 22 U.S.C. § 7102(11).
(e)(f) A person is disqualified from driving a
commercial motor vehicle for a period of not less than 60 days
if convicted of two serious traffic violations, or 120 days if
convicted of three serious traffic violations, committed in a
commercial motor vehicle arising from separate incidents
occurring within a three-year period.
(f)(g)(1) A person is disqualified from driving a
commercial motor vehicle for not less than 90 days nor more
than one year upon a first conviction of driving a commercial
vehicle while under an out-of-service order.
(2) A person is disqualified from driving a commercial
motor vehicle for not less than one year nor more than five
years if during any 10-year period the person receives two
convictions of driving a commercial vehicle while under an
out-of-service order where the convictions arise out of
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out-of-service order where the convictions arise out of
separate incidents.
(3) A person is disqualified from driving a commercial
motor vehicle for not less than three years nor more than five
years if during any 10-year period the person receives three
or more convictions of driving a commercial vehicle while
under an out-of-service order where the convictions arise out
of separate incidents.
(4) If a conviction of driving a commercial motor
vehicle while under an out-of-service order arises out of an
arrest where the person was transporting hazardous materials
required to be placarded under the Hazardous Materials
Transportation Act, 49 U.S.C. § 5101, et seq., or while
operating motor vehicles designed to transport more than 15
passengers, including the driver, the person is disqualified
for not less than 180 days nor more than two years upon a
first conviction and not less than three years nor more than
five years upon any subsequent conviction within a 10-year
period where these factors exist.
(g)(h)(1) A person is disqualified from operating a
commercial motor vehicle for not less than 60 days upon a
first conviction, not less than 120 days if during any
three-year period the person receives two convictions, and not
less than one year if during any three-year period the person
receives three or more convictions of any of the following
railroad-highway grade crossing violations:
a. The driver is not required to stop, but fails to
slow down and check that tracks are clear of an approaching
train.
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train.
b. The driver is not required to stop, but fails to
stop before reaching the crossing if the tracks are not clear.
c. The driver is always required to stop, but fails to
stop before driving onto the crossing.
d. The driver fails to have sufficient space to drive
completely through the crossing without stopping.
e. The driver fails to obey a traffic control device or
the directions of an enforcement official at the crossing.
f. The driver fails to negotiate a crossing because of
insufficient undercarriage clearance.
(2) A person is disqualified for not less than 120 days
if during any three-year period the person receives two
convictions of a railroad-highway grade crossing violation.
(3) A person is disqualified from operating a
commercial motor vehicle for not less than one year if during
any three-year period the person receives three or more
convictions of a railroad-highway grade crossing violation.
(h)(i) After suspending, revoking, or canceling a
commercial driver license, the Alabama State Law Enforcement
Agency shall update its records to reflect that action within
10 days. After suspending, revoking, or canceling a
nonresident commercial driver's privilege, the Alabama State
Law Enforcement Agency shall notify the licensing authority of
the state that issued the commercial driver license or
commercial driver instruction permit within 10 days.
(j) Any failureA person who fails to report or disclose
required information under this section , either before or
after issuance of a commercial driver license , shall be guilty
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after issuance of a commercial driver license , shall be guilty
of a Class C felony and shall, upon conviction thereof, be
punished as provided by law ."
"§32-6-49.19
(a) For the purpose of defraying the cost of issuing
commercial drivers' license driver licenses, the Alabama State
Law Enforcement Agency, judge of probate , or license
commissioner shall collect forall of the following fees:
(1) For each commercial driver license or commercial
driver license learner's permit, a fee equal to the sum of all
fees imposed for the issuance of a Class D driver license.
(2) For each Class A commercial driver license ,thean
additional sum of fifty dollars ($50); thirty dollars ($30).
(3) For each Class B commercial driver license, thean
additional sum of forty dollars ($40) for each Class B
commercial driver license; twenty dollars ($20). and the sum of
twenty dollars ($20) for each Class C commercial driver
license and commercial driver license learner's permit. The
fee for any school bus driver license shall be twenty dollars
($20) and the license shall be restricted to the operation of
a school bus and noncommercial vehicle.
(b)(1)TheseCommercial driver licenses shall be issued
for a period of four years , except a commercial .
(2) Commercial driver license learner's permit
whichpermits shall be issued for a period of one year.
(b)(c) The additional revenue from the additional fees
collected pursuant to this section , as amended by Act
2004-521, shall be deposited in the Highway Traffic Safety
Fund of the Department of Public Safety Public Safety Fund ."
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Fund of the Department of Public Safety Public Safety Fund ."
"§32-9A-2
(a)(1) Except as otherwise provided in subsection (b),
no person may operate a commercial motor vehicle in this
state, or fail to maintain required records or reports, in
violation of the federal motor carrier safety regulations as
prescribed by the U.S. Department of Transportation, 49 C.F.R.
Part 107, Parts 171-180, Part 380, Parts 382-387, and Parts
390-399 and as they may be amended in the future. Except as
otherwise provided herein, this chapter shall not be construed
to repeal or supersede other laws relating to the operation of
motor vehicles.
(2)a. No person may operate a commercial motor vehicle
in this state in violation of 49 C.F.R. § 393.120, as amended,
relating to load securement for certain metal coils.
b. No one owning, leasing, or allowing a commercial
vehicle to be operated in this state shall knowingly or
negligently be in violation of 49 C.F.R. § 393.120, as
amended, relating to load securement for metal coils.
(3) No person may knowingly or negligently own or lease
or cause to be operated on any public highway, road, street,
or other public right-of-way a commercial motor vehicle loaded
with a metal coil in a manner that fails to comply with 49
C.F.R. §393.120 and thereby allows a metal coil to drop,
fall, spill, shift, or otherwise escape from the commercial
vehicle onto any public highway, road, street, or any other
public right-of-way.
(4)a. No motor carrier may initiate or terminate in
this state the commercial transport of metal coils, as defined
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this state the commercial transport of metal coils, as defined
in 49 C.F.R. §393.120, unless the commercial vehicle operator
is certified in proper load securement as provided in 49
C.F.R. §393.120. Certification shall be conducted according to
standards published by the Department of Public Safety and
certified by the motor carrier and the driver on forms
provided by the department.
b. The operator of a commercial motor vehicle involved
in the commercial transport of metal coils subject to this
subdivision shall be certified in proper load securement as
provided in 49 C.F.R. §393.120.
(5)(4) Except as it relates to subdivision (3), no law
enforcement officer may make an arrest or issue a citation
under this chapter unless he or she has satisfactorily
completed, as a part of his or her training, the basic course
of instruction developed by the Commercial Vehicle Safety
Alliance. Those law enforcement officers authorized to enforce
this chapter shall annually receive in service training
related to commercial motor vehicle operations, including, but
not limited to, training in current federal motor carrier
safety regulations, safety inspection procedures, and
out-of-service criteria. The annual training requirements
shall be designated and specified by the director. An officer
qualified under this section to make an arrest or issue a
citation pursuant to subdivision (3) may arrest or issue a
citation to the driver of a commercial motor vehicle without a
warrant and without witnessing the violation personally if,
upon personal investigation, the officer has reasonable cause
to believe that a violation has occurred.
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to believe that a violation has occurred.
(b) Notwithstanding subsection (a) or any other
provision of law to the contrary:
(1) Amendments to the hours of service regulations
promulgated by the U.S. Department of Transportation at 68
Federal Register 22456, April 28, 2003 and effective June 27,
2003, shall not apply to utility service vehicles as defined
at 49 C.F.R. § 395.2, not including television cable or
community antenna service vehicles, which are owned or
operated by utilities regulated by the Public Service
Commission or electric cooperatives and which are engaged
solely in intrastate commerce in this state until June 27,
2006, provided the amendments are valid and remain in effect
as of that date. Hours of service regulations that are
applicable in this state immediately prior to June 27, 2003,
shall remain applicable to utility service vehicles engaged
solely in intrastate commerce in this state until June 27,
2006. If the U.S. Department of Transportation issues an
official finding that this provision may result in the loss of
federal Motor Carrier Safety Assistance Program funding, the
department Alabama State Law Enforcement Agency may adopt
rules providing for earlier implementation of the amendments
to the federal hours of service regulations. If federal law or
regulations are amended at any time to exempt utility service
vehicles from the hours of service requirements, any exemption
shall be effective in this state immediately for the duration
of the federal exemption.
(2) The department Alabama State Law Enforcement Agency
may adopt rules suspending the effective date for up to three
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may adopt rules suspending the effective date for up to three
years after adoption of any motor carrier safety regulation by
the U.S. Department of Transportation as applied to vehicles
engaged solely in intrastate commerce in this state, provided
that the suspension does not result in the loss of federal
Motor Carrier Safety Assistance Program funding.
(3) The department Alabama State Law Enforcement Agency
may enter into agreements with state and local emergency
management agencies and private parties establishing
procedures for complying with 49 U.S.C. § 31502(e) and federal
regulations promulgated thereto at 49 C.F.R. § 390.23 which
provide an exemption from the hours of service regulations
during certain emergencies.
(4) The department Alabama State Law Enforcement Agency
may adopt rules granting any waiver, variance, or exemption
permitted under 49 U.S.C. § 31104(h) and federal regulations
promulgated thereto at 49 C.F.R. §§ 350.339-350.345, provided
that the waiver, variance, or exemption does not result in the
loss of federal Motor Carrier Safety Assistance Program
funding and does not take effect unless approved by the U.S.
Department of Transportation if that approval is required.
(5) A commercial motor vehicle operated in intrastate
commerce which does not equal or exceed 26,001 pounds, except
a motor vehicle, regardless of weight, which is designed or
used to transport 16 or more passengers, including the driver,
or which is used in the transportation of hazardous materials
and required to be placarded pursuant to 49 C.F.R. Part 172,
Subpart F, shall be exempt from the federal motor carrier
regulations otherwise made applicable in this state pursuant
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regulations otherwise made applicable in this state pursuant
to subsection (a). For purposes of this subdivision,
"commercial motor vehicle " means a commercial motor vehicle as
defined in 49 C.F.R. § 390.5.
(6) For purposes of those provisions of 49 C.F.R. § 395
providing for exemptions from the hours of service
requirements of that section respecting the operation of motor
vehicles for the transportation of agricultural commodities as
contemplated in that section, the planting and harvesting
season for this state is defined by the Legislature as the
period from April 1 of each calendar year to March 31 of the
next succeeding calendar year.
(c) Nothing in this section as amended by Act 2008-336
shall be interpreted to exempt any person from the obligations
to operate a motor vehicle in a safe and proper manner or to
observe the rules of the road, nor shall any provision of this
section as amended by Act 2008-336 be interpreted to immunize
any person from civil liability for actionable conduct.
(d) The Department of Public Safety shall publish
standards for training drivers of commercial motor vehicles in
proper load securement for metal coils as provided in 49
C.F.R. §393.120 and provide for certification of drivers of
commercial motor vehicles carrying metal coils. "
"§32-9A-4
(a) Any person violating Section 32-9A-2(a)(1) shall be
guilty of a misdemeanor and punished by a fine of not less
than twenty-five dollars ($25) nor more than two thousand
dollars ($2,000) for each offense. In addition, the court may
impose a sentence of imprisonment in the county jail, not to
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impose a sentence of imprisonment in the county jail, not to
exceed 30 days, for each offense.
(b) Any person violating Section 32-9A-2(a)(2)a. or a
motor carrier violating Section 32-9A-2(a)(2)b. shall be
guilty of a misdemeanor and punished by a fine of not less
than one thousand dollars ($1,000) nor more than two thousand
five hundred dollars ($2,500) for each offense.
(c) Any operator of a commercial motor vehicle
violating Section 32-9A-2(a)(2)a. in which a metal coil drops,
falls, spills, shifts, or otherwise escapes from the vehicle
shall be guilty of a misdemeanor and punished by a fine of not
less than two thousand five hundred dollars ($2,500) nor more
than five thousand dollars ($5,000).
(d) Any person violating Section 32-9A-2(a)(3) or any
motor carrier violating Section 32-9A-2(a)(4)a. shall be
guilty of a misdemeanor and punished by a fine of not less
than five thousand dollars ($5,000) nor more than ten thousand
dollars ($10,000).
(e) Any person violating Section 32-9A-2(a)(4)b. shall
be guilty of a misdemeanor and punishable by a fine of not
less than two hundred and fifty dollars ($250) nor more than
one thousand dollars ($1,000).
(f)(e) In addition to the other penalties for a
violation of subdivisions (2) , or (3), or (4) of Section
32-9A-2(a), the court may impose a sentence of imprisonment in
the county jail, not to exceed one year, for each conviction
under subdivisions (2) , or (3), or (4) of Section 32-9A-2(a).
(g)(f) In addition to other punishment fixed by law,
the court may enter an order prohibiting the person from
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the court may enter an order prohibiting the person from
operating any commercial motor vehicle for a period to be
specified by the court, or perpetually, as the court may
determine."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB258
Senate 11-Apr-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 25-Apr-24
By: Senator Kelley
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