Prosecutor/ Defense Counsel Page

The issue of "Masking" (49 CFR 384.226) continues to be misunderstood when it comes to specific traffic violations committed by Commercial Drivers License Holders some of which can occur in any type of vehicle. 

There can be little doubt that we all endeavor to properly handle these cases but often have a difficult time finding the correct resources.  The information provided below should allow each of you to locate the proper information.

Special attention should be given to the information developed by the National District Attorneys Association (NDAA) and the National Traffic Law Center (NTLC) which will undoubtedly answer any and all questions regarding the subject of "Masking" when the need arises. 

Please feel free to contact me with any questions you may have regarding this subject at anytime. I can be contacted at ggraber7122@outlook.com

Education continues to be the key to reducing crashes and saving lives. 

 

 

Please scroll down through this page for all of the helpful information.

 


NEW YORK STATE PARTNER LINKS

 


SCROLL DOWN TO VIEW DEFINITIONS/STAKEHOLDER LINKS,ARTICLES/RESOURCES MEMOS/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 TO VIEW STAKEHOLDER LINKS,ARTICLES, RESOURCES, MEMOS AND TRANSPORTATION LAW FLOWCHARTS


CDL STAKEHOLDER LINKS AND RESOURCES

 

National Center For State Courts

Interactive 49 CFR 383.51 Tables

Commercial Drivers License Resource Center (CDRC)


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 151 downloads
July BTL Masking
PDF – 286.0 KB 164 downloads
BTL Vol 29 No 9 Sept 2021 KY CDL Advisory Comm Outreach Project
PDF – 1.4 MB 159 downloads
TSRP LIST Current 1
PDF – 195.4 KB 150 downloads

SCROLL DOWN THIS PAGE FOR NYS DMV MEMOS/RELATED ARTICLES/TRANSPORTATION LAW FLOWCHARTS


NEW YORK STATE DMV "M" MEMOS

NYS ETHICS OPINIONS REGARDING PLEAS

Corporate Substitution
PDF – 71.7 KB 133 downloads
Diversion
PDF – 49.8 KB 137 downloads
Opinion 14 Plea Bargains
Word – 25.8 KB 163 downloads
CDL INDICATOR
PDF – 39.5 KB 151 downloads
ACD Prohibition
PDF – 53.2 KB 146 downloads
15 85 Amended A Judge May Review A Defendants Driving History
PDF – 68.5 KB 148 downloads
M 9 CLP CDL Anti Masking And Mandatory Reporting Requirements 1
PDF – 1.3 MB 109 downloads

Transportation Law Flowcharts (140)

TRANSLAW 140 2022
PDF – 120.4 KB 155 downloads

Transportation Law Flowcharts (14f)

Hazardous Materials

NEW 14f Chart2022
PDF – 137.5 KB 146 downloads