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Commercial Driver Handbook ( PDF ) - California Department of ...

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A driver is disqualified from operating a <strong>Commercial</strong> Motor Vehicle (CMV) if convicted <strong>of</strong> any <strong>of</strong> the following RAILROAD-<br />

HIGHWAY GRADE CROSSING <strong>of</strong>fenses (either federal, state, or local):<br />

- 22 -<br />

3 rd or subsequent conviction in<br />

separate incident within 3 years <strong>of</strong><br />

any <strong>of</strong> these <strong>of</strong>fenses<br />

2 nd conviction in separate incident<br />

within 3 years <strong>of</strong> any <strong>of</strong> these<br />

<strong>of</strong>fenses<br />

Offense 1 st conviction<br />

No less than 60 days No less than 120 days No less than 1 year<br />

No less than 60 days No less than 120 days No less than 1 year<br />

No less than 60 days No less than 120 days No less than 1 year<br />

No less than 60 days No less than 120 days No less than 1 year<br />

No less than 60 days No less than 120 days No less than 1 year<br />

No less than 60 days No less than 120 days No less than 1 year<br />

Fails to slow down to check for<br />

approaching train.<br />

NOTE: Regulations may not require<br />

the driver to stop.<br />

Fails to stop before reaching the<br />

crossing if tracks are not clear.<br />

NOTE: Regulations may not require<br />

the driver to stop.<br />

Fails to stop before crossing the<br />

tracks.<br />

NOTE: Regulations require the driver<br />

to stop.<br />

Fails to allow enough space to<br />

completely cross the tracks without<br />

stopping.<br />

Fails to obey traffic device or<br />

directions from a railroad crossing<br />

guard<br />

Cannot cross tracks because <strong>of</strong><br />

insufficient undercarriage clearance<br />

Synopsis <strong>of</strong> Table 3 Section 383.51 Federal Motor Carrier Safety Administration<br />

A driver is disqualified from operating a <strong>Commercial</strong> Motor Vehicle (CMV) if convicted <strong>of</strong> any <strong>of</strong> the following OUT-OF-<br />

SERVICE orders:<br />

3 rd or subsequent conviction in<br />

separate incident within 10 years <strong>of</strong><br />

any <strong>of</strong> these <strong>of</strong>fenses<br />

2 nd conviction in separate incident<br />

within 10 years <strong>of</strong> any <strong>of</strong> these<br />

<strong>of</strong>fenses<br />

Offense 1 st conviction<br />

No less than 3 years or<br />

more than 5 years<br />

No less than 1 year or<br />

more than 5 years<br />

No less than 90 days or<br />

more than 1 year<br />

No less than 3 years or<br />

more than 5 years<br />

No less that 3 years or<br />

more than 5 years<br />

No less than 180 days or<br />

more than 2 years<br />

Violates a driver or vehicle out-<strong>of</strong>service<br />

order while transporting non-<br />

HazMat<br />

Violates a driver or vehicle out-<strong>of</strong>service<br />

order while transporting<br />

HazMat or 16 or more passengers,<br />

including the driver.<br />

Synopsis <strong>of</strong> Table 4 Section 383.51 Federal Motor Carrier Safety Administration

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