Tire icon Motor Carrier Safety Improvement Act (MCSIA)

The U. S. Department of Transportation’s Federal Motor Carrier Safety Administration issued regulations, which implement provisions of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). These regulations significantly strengthened the licensing and sanctioning requirements of the CDL Program for truck and bus drivers required to hold a CDL. 

  1. S-School Bus Endorsement: This endorsement went into effect October 2004 in Nebraska.  School bus drivers must hold a CDL with a Passenger (P) and School Bus (S) endorsement.  The S endorsement requires a written and a skills test.
  2. 10 Year Driving History: For CDL applicants who are applying for a new license, renewing or upgrading a license or transferring a license from one jurisdiction to another, the DMV must request a driver’s record from all other jurisdictions that have issued a driver’s license to the applicant during the previous 10 years.   Therefore, when you make application for a Nebraska CDL, you will have to provide the names of all states that you held a license in during the past 10 years.
  3. Major Disqualifying Offenses For CDL Holders: Major Disqualifying Offenses Operating Any Motor Vehicle (Is Not Limited To Operation Of A CMV):
    • Driving any motor vehicle under the influence of alcohol or a controlled substance. 
    • Refusing to take an alcohol or drug test after operating any motor vehicle.
    • Leaving the scene of an accident driving any motor vehicle.
    • Committing a felony offense involving the use of any motor vehicle.
  4. Major Disqualifying Offense Operating A CMV (Does Not Need To Be A CDL Holder But Must Be Operating A CMV):
    • Driving a CMV while the person’s alcohol level is 0.04% or more.
    • Driving a CMV while the driver’s CDL is revoked, suspended, canceled, or the driver is disqualified from operating a CMV.
    • Causing a fatality through the negligent operation of a CMV, including motor vehicle homicide.
    • After the first major offense, the disqualification is for one year.  If the vehicle is transporting hazardous materials required to be placarded, the disqualification is for three years.   A second offense will result in your CDL being  disqualified for life.
  5. Any CDL Holder Using Any Motor Vehicle In The Commission Of A Felony Involving Manufacturing, Distributing Or Dispensing A Controlled Substance Will Be Disqualified For Life.
  6. Disqualifying Offenses:
    • Should any of the offenses occur while the CDL holder is operating a non-CMV and the court conviction results in the license being revoked or impounded by the court, it will be considered a serious offense and count towards disqualification.
      • Speeding excessively, involving any speed of 15 or more above the posted speed limit.
      • Willful reckless or reckless driving.
      • Making improper or erratic traffic lane changes.
      • Following the vehicle ahead too closely.
      • Any traffic control violation in connection with a fatal accident.
  7. Serious Offenses: 
    • Three serious offenses have been added to the list of serious traffic violations.   2 convictions within 3 years results in a 60 day disqualification and a 3rd conviction within 3 years  results in a 120 day disqualification.  These are:
      • Driving a CMV without obtaining a CDL
      • Driving a CMV without a current CDL in the driver’s possession
      • Driving a CMV without the proper class or endorsement for the specific vehicle being operated.
  8. Continued Common Violations That Result in Disqualification:
  9. CDLIS Record Checks:  Record checks of the Commercial Drivers License Information System (CDLIS) will be conducted for all applicants regardless of the type of license/permit they are applying for.  If a CDL holder in another state is now downgrading to an operator’s license in Nebraska, a change state of record will be done and the previous state’s driving record will follow the driver to Nebraska.

 

If you have additional questions, please contact the Department of Motor Vehicles at 402-471-3861 or 402-471-3985 or FMCSA’s website