OOSC, Part I, Item 3. Commercial Driver's License (CDL), c. Endorsements and Restrictions - Operating a CMV contrary to Restrictions
| Entry Date | March 21, 2025 |
|---|---|
| Issue Number | 25-029-DRV |
| Name | Thomas Bray |
| Agency | J. J. Keller |
| Address | 3003 Breezewood LaneNeenah, WI, 54968United StatesMap It (opens in a new tab) |
| Phone | 7152524690 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Open |
| Summary of Issue | When a driver is found to be operating without required corrective lenses, two separate violations are written for §391.11(b)(5) (operating in violation of a restriction) and §391.11(b)(4) (operating a CMV without corrective lenses when required on the drivers medical certification). The driver is then placed out of service under both of these violations (see Part 1(2)(b) and (4)(b) in the OOSC). This is two violations for the same action. |
| Justification or Need | This practice is causing carriers to experience high driver violation rates as each of these incidents are resulting in two violations for the one action, doubling the consequences. |
| Request for Action | Either as an Alliance or working with FMCSA, reduce the impact of one violation or the other. Choices would include providing instruction to officers in Ops 14 to document the more severe violation (to be determined) and noting the other violation in the comments, FMCSA considering this situation to be "stacking" and only scoring one of the violations in their tracking systems, or guidance from FMCSA assigning priority and documentation guidance. |