To:   All Law Enforcement Agencies

On October 1, 2002, new legislation (Public Act 534 of 2002) that impacts the Michigan Commercial Driver License (CDL) and commercial motor vehicle (CMV) requirements takes effect.  Law enforcement agencies are advised of the following CDL/CMV-related changes:

• New definitions for the CDL Group A and Group B designations. 
• Establishment of new railroad crossing violations and driver penalties while operating a CMV. 
• Addition of a new employer penalty for railroad crossing offenses. 
• Standardization of the railroad grade crossing stopping requirements.

New CDL Vehicle Group Definitions:

A.      The Group A CDL is required for any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more when towing a trailer or other vehicle with a gross vehicle weight rating (GVWR) of 10,001 pounds or more.

The new Group A definition eliminates the CDL Group A requirement for small combination vehicles under 26,001 pounds GCWR pulling a vehicle over 10,000 pounds GVWR.   A typical example would be a pickup truck pulling a trailer rated over 10,000 pounds.  Persons with a Group A may operate Group B or C vehicles.

B.        The Group B CDL is required for a vehicle having a gross vehicle weight rating (GVWR) of 26,001 pounds or more.

The new CDL Group B definition eliminates the Group B requirement for small combination vehicles with a gross combination weight rating (GCWR) of more than 26,000 pounds when the power unit is less than 26,001 pounds GVWR and the vehicle being towed is under 10,001 pounds GVWR.  A common example is a small stake or dump truck pulling an equipment trailer.  The new Group B definition still allows for towing trailers less than 10,001 pounds GVWR.  Persons with a Group B may operate Group C vehicles.

C.        The CDL requirements for the Group C designator do not change.  The CDL Group C is necessary for a single vehicle with a gross vehicle weight rating (GVWR) less than 26,001 pounds or a vehicle having a GVWR under 26,001 pounds towing a trailer or other vehicle and carrying hazardous materials on which a placard is required or designed to transport 16 or more passengers including the driver. 

New Railroad Crossing Violations for Operators of Commercial Vehicles Only:

In addition to the existing railroad crossing violations, the following railroad crossing civil infractions apply only to commercial motor vehicle operators:

• MCL 257.669a(1):  Adopts Federal Motor Carrier Safety Regulation, Part 392.11 which states that a driver of a commercial motor vehicle shall, upon approaching a railroad grade crossing, drive at a rate of speed which will permit the vehicle to be stopped before reaching the nearest rail and the vehicle shall not be driven upon or over the crossing until due caution has been taken to ascertain the course is clear.
  
  
• MCL 257.669a(2): The driver of a commercial motor vehicle shall comply with a lawful order or direction of a police officer guiding, directing, controlling, or regulating traffic at a railroad-highway grade crossing.
  
  
• MCL 257.669a(3): The driver of a commercial motor vehicle shall not cross a railroad-highway grade crossing unless the vehicle has sufficient undercarriage clearance. 
  
  
• MCL 257.669a(4): The driver of a commercial motor vehicle shall not cross a railroad-highway grade crossing unless the vehicle can be driven completely through the crossing without stopping.

New Penalties for CDL Vehicle Operators Convicted of Railroad Crossing Violations:

Persons convicted of any railroad crossing violation while operating a commercial motor vehicle (CMV) will be subject to the following CDL suspensions:

• A 60-day CDL suspension for the first railroad crossing violation while operating a CMV.
  
  
• A 120-day CDL suspension for a second railroad crossing violation within 36-months while operating a CMV.
  
  
• A 1-year CDL suspension for three or more railroad crossing violations within 36-months while operating a CMV.
  
  

Important Note About Traffic Citations:  Federal rules and state laws require specific driver penalties for certain traffic offenses (including the railroad crossing violations indicated above) when they are committed in a CDL-type vehicle.  To ensure the driver receives the mandatory sanction(s), always enter the correct two-character vehicle description code in the box labeled “Type” or Veh Type” when completing the Uniform Traffic Citation (UD-8) or the Uniform Commercial Law Citation (MC-8), etc.

For example, the two-position vehicle code for a typical tractor-trailer combination is “AA,” versus “PA” for a passenger automobile.  The appropriate vehicle description codes are located on the inside cover of the UD-8 or MC-8 and are also listed on the UD-10, State of Michigan Traffic Crash Report.  It is extremely important to properly identify and distinguish commercial vehicles from non-commercial vehicles on the citation.  For the new railroad crossing offenses (and other CMV violations), the vehicle type entry determines whether a CDL suspension is imposed.

New Employer Penalty:

MCL 257.319g establishes new civil infractions that could include a fine up to $10,000 for employers who knowingly allow their drivers to operate a commercial motor vehicle in violation of the federal railroad-highway grade crossing requirements referenced or adopted by the Michigan Vehicle Code, Pupil Transportation Act, Motor Carrier Safety Act or the Motor Bus Transportation Act.

Railroad Grade Crossing Stopping Requirements:

The new law standardizes the railroad grade crossing minimum stopping distance at fifteen (15) feet.  It also institutes the requirement that all buses, vehicles carrying passengers for hire and vehicles transporting hazardous materials in amounts requiring placards activate the hazard warning lights when stopping.  Previously the use of the hazard warning lights at a railroad crossing was only required for school buses.

Confiscation and Destruction of Suspended or Revoked Driver Licenses:

P.A. 534 also changed some other driver license related procedures including the requirements for confiscated driver licenses.  Effective October 1, Section 321b of the Vehicle Code indicates that any policeman, law-enforcing agent, or judicial officer who is informed by an official communication from the Secretary of State that the Secretary of State has suspended or revoked an operator, moped or chauffeur license shall obtain and destroy the suspended or revoked license.   Previously, law enforcement agencies were required to forward impounded driver licenses to the Secretary of State.

Questions:

If you have questions regarding this information, contact the Michigan Department of State, CDL Help Desk at (517) 322-5555.