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

 


SCROLL DOWN THIS PAGE FOR DEFINITIONS/STAKEHOLDER LINKS/NYS DMV MEMOS/RELATED ITEMS/ TRANSPORTATION LAW FLOWCHARTS


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.

 

  https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-384/subpart-B/section-384.226

 

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.

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-A/section-383.5#p-383.5(Commerce)

 

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.

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-A/section-383.5#p-383.5(Conviction)

 

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.

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-A/section-383.5#p-383.5(Disqualification)

 

 


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

Nov 2021 BTL Vol 29 No 11 Importance Of Judicial Recognition Of CD Ls 1558
PDF – 438.3 KB 134 downloads
July BTL Masking
PDF – 286.0 KB 133 downloads
BTL Vol 29 No 9 Sept 2021 KY CDL Advisory Comm Outreach Project
PDF – 1.4 MB 139 downloads
TSRP LIST Current 1
PDF – 195.4 KB 129 downloads

NEW YORK STATE DMV "M" MEMOS

NYS ETHICS OPINIONS REGARDING PLEAS

Reporting Convictions
PDF – 47.3 KB 137 downloads
ACD Prohibition
PDF – 53.2 KB 128 downloads
Opinion 14 Plea Bargains
Word – 25.8 KB 137 downloads
CDL INDICATOR
PDF – 39.5 KB 145 downloads
Diversion
PDF – 49.8 KB 133 downloads

Transportation Law Flowcharts (140)

TRANSLAW 140 2022
PDF – 120.4 KB 134 downloads

Transportation Law Flowcharts (14f)

Hazardous Materials

NEW 14f Chart2022
PDF – 137.5 KB 151 downloads