Georgia Injury Lawyers Blog
Notification of Suspension and Convictions: Overview
The regulations require a CDL holder to provide detailed information about any convictions for motor vehicle law violations and any license suspension to both the state issuing the CDL and his employer. These regulations also require job applicants to disclose ten years worth of employment history that involved operating CMV when they are seeking employment with a motor carrier.
Notification of Convictions and Suspensions
1. Anyone who operates a CMV with a CDL that is convicted of violating a motor vehicle law (other than parking) “in any motor vehicle” in a State other than the one that issued the CDL must notify the issuing State within thirty days of the conviction in a writing signed by the license holder and containing the following information: full name, license number, date of conviction, specific “criminal or other offenses, serious traffic violations” and other traffic control law violations, whether the conviction arose out of operation of a CMV, and the location of the offense.
a. The CDL holder must likewise notify his employer in the same manner with the same information.
2. The CDL holder must also give notice of any suspension, revocation, or cancellation of his license, or any other loss of his right to operate a CMV for any period of time resulting from a violation of motor vehicle laws, to his current employer before the end of the business day on which such loss of privilege occurs.
3. Any person applying for a job as an operator of CMV equipment shall, at the time of application, provide the following employment history information for the previous ten years:
a. the names and addresses of the applicant’s previous employer for which he or she was an operator of a CMV
b. the dates of employment for each employer;
c. the reason for leaving such employment;
The applicant shall also certify the information furnished is true and correct. An employer must notify the applicant how the information may be used and that the previous employers may be contacted for the purpose of investigating his or her work history. The employer also has the right to require an applicant to provide additional information.
4. No employer may “knowingly” allow a driver to operate a CMV:
a. while the license is cancelled, suspended, revoked, or the driver has otherwise been disqualified from operating a CMV
b. while the driver holds more than one CDL
c. while the driver is subject to an out-of-service order
d. while the driver is in violation of any law or regulation pertaining to railroad-highway grade crossings.