Motor Carrier Safety Improvement Act (MCSIA) FAQs

What is considered “masking” under the MCSIA?

Information regarding “masking” can be found in the National Traffic Law Center’s Masking Quick Reference Guide.

Pursuant to federal and state law, commercial driving privileges may be disqualified if the driver leaves the scene of an accident. What is meant by “leaving the scene of an accident?”

As used in 40 CFR 383, the disqualifying offense of “leaving the scene of an accident involving a CMV” is all-inclusive and covers the entire range of situations where the driver of the CMV is required by state law to stop after an accident and either give information to the other party, render aid, or attempt to locate and notify the operator or owner of other vehicles involved in the accident.

A CDL holder is convicted of a non-disqualifying offense that occurred in a non-CMV. The driver loses his or her base driving privileges for operating a non-CMV as a result of the conviction. May a state issue a “limited driving privilege” in this instance?

Yes, but such limited driving privileges cannot include commercial driving privileges.

A driver has been issued multiple tickets for speeding less than fifteen miles per hour over the posted speed limit in a noncommercial vehicle. The driver’s license is suspended due to the accumulation of points. Does the driver lose all privileges to drive any motor vehicle – noncommercial or commercial?

Yes. When the base privilege is suspended because of too many points, the driver loses the ability to drive any motor vehicle during the period of the suspension. Once the base privilege suspension is reinstated, the driver can resume driving both noncommercial and commercial motor vehicles as long as no commercial disqualification was entered. The driver may obtain limited driving privileges to drive noncommercial vehicles during a period of base license suspension but cannot obtain commercial driving privileges.

Why can't a driver obtain a limited driving privilege to operate a commercial motor vehicle?

Missouri law 302.309, RSMo clearly states a CDL driver is no longer able to receive any kind of license to operate a CMV while the driving privilege is under suspension, revocation or disqualification. Limited driving privileges are only available to allow the operation of a noncommercial motor vehicle if the applicant is otherwise eligible.

If a person is only eligible to receive a limited driving privilege to operate a personal vehicle, does the person have to downgrade the commercial driver license to a non-CDL?

No. The limited driving privilege order states that you are only eligible to operate a class E, F, or M type of vehicle.

WA driver is convicted of a serious motor vehicle offense and moves from the state that will disqualify his license. The driver obtains a driver license in another state prior to the license disqualification and avoids being disqualified immediately. The driver subsequently causes a serious motor vehicle accident and fatally injures two people. Pending state license disqualification proceedings, would this situation qualify for the federal imminent hazard disqualification?

Yes, this situation would fit within the federal definition of imminent hazard.

Why does the state disqualify a driver’s commercial driving privilege when a traffic ticket is received in a personal vehicle?

According to 49 CFR 383.51 and 302.700, RSMo, CDL drivers who are convicted of certain disqualifying offenses while operating their personal vehicle may have their CDL privilege disqualified. There are some offenses that must be committed in a CMV for disqualification action to be taken.

Why is the department so strict with CDL drivers?

The Motor Carrier Safety Improvement Act (MCSIA) states that CDL drivers are professional drivers and should be held to a higher standard. The state legislature passed a law in 2004 (Senate Bill 1233) to include the changes from MCSIA into state law. The department is only enforcing the state and federal laws.

When individuals apply for a CDL, they must advise the license clerk what states they were previously licensed in. Will there be a problem if the applicant knows what states he or she was previously licensed in but cannot remember the license numbers assigned?

No. The license office clerk will be able to check the other states’ records by your name and birth date.

If you still have questions, please visit other Driver Licensing FAQs.