February 17, 2006 |
2006-R-0141 | |
NOTIFICATION OF FIRE DEPARTMENTS WHEN PERSONNEL AUTHORIZED TO OPERATE FIRE APPARATUS HAVE THIS AUTHORITY SUSPENDED BY THE DEPARTMENT OF MOTOR VEHICLES | ||
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By: James J. Fazzalaro, Principal Analyst | ||
You asked if the Department of Motor Vehicles (DMV) notifies a fire department when someone who has been authorized to operate fire apparatus has had his driver's license suspended. You also wanted to know if there are any laws that would prevent such notification.
SUMMARY
Unlike drivers of other types of large trucks, drivers of fire apparatus are not subject to the laws applicable to holders of commercial drivers' licenses (CDLs). However, they must get a special endorsement on their regular drivers' licenses to drive these specialized vehicles. This is called a “Q” endorsement. If they were subject to the laws that apply to CDL holders, they would have to report to their employer any action by DMV with respect to a suspension, cancellation, or revocation of their operating privileges by the end of the business day following their notification by DMV. Since they are not subject to these laws, they are treated no differently under the law than any other non-CDL holder whose license is suspended by DMV.
While there is no law that requires DMV to report the license suspension of a Q endorsement holder to the fire department that employs him or for which he volunteers, there is no law that prohibits it either. However, since DMV keeps no record of the department for which the driver works, it would be difficult for them to report it without changes to the license record system. Also, since someone who holds a Q endorsement may change the fire department where he works after he receives the endorsement, DMV might not have accurate current information even if it did record what department initially sent the applicant for his endorsement test.
REQUIREMENTS FOR DRIVING FIRE APPARATUS
Although state law requires most people who drive motor vehicles with gross vehicle weight ratings of more than 26,000 pounds to hold a CDL, fire apparatus and other authorized emergency vehicles are excluded from the definition of a commercial motor vehicle (CGS § 14-1(a)(13)). Although fire apparatus drivers are exempt from CDL requirements, the law authorizes the motor vehicle commissioner to establish endorsements or restrictions on a “regular” (Class D) driver's license through regulations (§ 14-36a(b) of the 2006 Supplement of the General Statutes). (A CDL can be classified as a Class A, B, or C license depending on the type of vehicles the person will be driving. Everyone else gets a class D license.)
On July 7, 2005, the legislative Regulations Review Committee approved a proposed DMV regulation establishing a “Q” endorsement for the driver's license of anyone who may operate fire apparatus over 26,001 pounds. Someone who holds a Class D driver's license can get a Q endorsement for driving fire apparatus if he successfully demonstrates by means of testing on a representative vehicle, as authorized by the chief of the fire department, that he possesses the skills necessary to operate such a vehicle.
Because someone with a Q endorsement for fire apparatus is not subject to the statutory requirements for a CDL holder, the laws that require a CDL holder to report to his employer any suspension, revocation, or cancellation of his operating privileges, or certain other disqualifying acts, do not apply. By law, any such employee must notify his employer of this fact before the end of the business day following the day the driver receives notice of this fact from DMV (§ 14-44j of the 2006 Supplement of the General Statutes).
In practice, if DMV suspends the driver's license of someone who holds a Q endorsement, it does not notify the department for which the person works or serves as a volunteer because it keeps no record of what fire department that may be. DMV merely administers the test for the endorsement, but it does not record in its license records for whom the licensee works or volunteers. This could change after the endorsement is approved as the person moves from one department to another. While there is no law requiring such DMV reporting, there is no law prohibiting it either. However, to do such reporting DMV would have to change its current license record system to be able to include information on the Q endorsement holder's current fire department. Such a requirement would also have to include a way to track someone who moves from one department to another.
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