MASKING QUICK REFERENCE GUIDE
1
This document was created by the National Traffic Law Center, a program of the National District Attorneys Association.
Reporting CDL Violations:
The Federal Motor Carrier Safety Administration issues commercial motor vehicle safety regulations via the Code of
Federal Regulations (CFRs). These regulations create a uniform system of licensing commercial drivers from state to state.
Although a state may have stricter licensing and license oversight regulations, compliance with the commercial driver
license (CDL) federal regulations is required. Failure to comply may result in sanctions against the state. Federal legislation
mandated that CMV drivers possess a single license. The CFRs implemented this requirement. The single license concept
equates to ONE driver, ONE license, and ONE record (see, 49 C.F.R. §383.21). This single license makes it much easier to
accurately track the driving history of any driver and makes the cooperation of prosecutors and courts in reporting all CDL
violations more critical.
Prompt Reporting of CDL Convictions under 49 C.F.R. § 384.208, § 384.209, § 384.225
The Code of Federal Regulations requires states to report CDL convictions promptly (within 10 days) for CDL holders or
those who should have held a CDL because of the nature of their violations. This includes reporting to the Commercial
Driver’s License Information System (CDLIS) and reporting all violations for out-of-state drivers to his or her home state
(state of CDL issuance). Courts are the first link in this chain of events, so prompt and accurate reporting of violations is
essential. Prosecutors and judges should be aware that some crimes other than traditional “traffic offenses” (drug
trafficking, any felony in committed in any type of vehicle) carry mandatory CDL disqualification (see, 49 C.F.R. § 383.51)
and must be reported. Any time a vehicle is involved, a prosecutor or court should inquire if the defendant holds a CDL.
The Commercial Driver’s License Information System (CDLIS)
CDLIS is a nationwide computer system that enables state driver licensing agencies (SDLAs) to ensure that each
commercial driver has only one driver’s license and one complete driver record. SDLAs use CDLIS to complete various
procedures, including: transmitting out-of-state convictions and withdrawals, transferring the driver record when a
commercial driver's license holder moves to another state, responding to requests for driver status and history.
Masking is Prohibited by 49 C.F.R. § 384.226
“The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that
would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic
control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record,
whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
”
Conviction Defined in 49 C.F.R § 383.5
A conviction is “an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail
or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the
court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or
not the penalty is rebated, suspended, or probated.”
MASKING QUICK REFERENCE GUIDE
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This document was created by the National Traffic Law Center, a program of the National District Attorneys Association.
*DRIVER CHARGES
PROSECUTOR ACTIONS
COURT ACTIONS
EXPLANATION
DUI
Prosecutor allows a
plea conditioned upon
alcohol treatment and
adjourns case 6
months.
Court allows non-
adjudication. Non-
adjudication is a
process by which
after a guilty plea or
trial, the court
withholds
acceptance of the
plea and sentence
thereon, pending
successful
completion of any
conditions imposed
by the court. Upon
successful
completion of said
conditions, the case
is dismissed.
Non-adjudication
for CDL or CLP
(Commercial
Leaner’s Permit)
holders is
prohibited. These
actions prevent
the reporting of
violations and
hides a driver’s
true driving
history.
Using Cellphone
While Driving
No reduction offered.
Driver pleads as
charged.
Court allows
withdrawal of plea
and driver enters
new plea to a lesser
charge, because
driver complains
his/her CDL will be
revoked if convicted
of the original
citation.
If no legal basis
exists to the
withdraw plea
and enter a
lesser plea, and
withdrawal of
the plea was
based solely on
sympathy, this
is Masking.
Failure to Yield
None.
Court convicts but
allows traffic school
in lieu of reporting
conviction.
This practice is
called diversion.
Allowing driver,
after adjudication
of guilt to perform
actions that will
result in
conviction being
reduced/dismissed
is prohibited.
MASKING QUICK REFERENCE GUIDE
3
This document was created by the National Traffic Law Center, a program of the National District Attorneys Association.
*DRIVER CHARGES
PROSECUTOR ACTIONS
COURT ACTIONS
MASKING?
EXPLANATION
DUI
Dismisses case because
of insufficient evidence.
None.
No.
Prosecutor (or
judge) may dismiss
case for factual or
legal inadequacies.
Even a reduction
would be
permitted for this
purpose.
Reckless Driving
None.
Court accepts plea
of no contest,
removes case from
docket for 6
months and then
dismisses citation
based on driver’s
clean history.
Yes.
This practice is
known as deferral.
An adjournment
pending dismissal
is prohibited. This
action prevents
the timely
reporting of a
conviction.
Speeding 20 mph
over the limit in
personal vehicle
Prosecutor reduces to
parking ticket after
defense attorney argues
driver was NOT in a CMV
and if convicted, will lose
CDL.
Court accepts plea
to parking ticket
and fine is paid.
Yes.
Regulations apply
to all vehicles.
Driving in non-
CMV is not a
defense. Also, not
every conviction
will result in CDL
revocation. See
tables in 49 C.F.R
§383.51.
Failure to obey a
traffic device
Prosecutor amends
charge to Defective
Muffler. Defective
muffler ticket is filed with
the court.
Court accepts plea
to Defective
Muffler and fine is
paid.
Yes.
Amending a
charge prior to
filing in court
constitutes
Masking, if no
legal/factual basis
exists to do so.
A
mending charge
to a charge for
which no probable
cause exists may
be ethically
questionable
.
MASKING QUICK REFERENCE GUIDE
4
This document was created by the National Traffic Law Center, a program of the National District Attorneys Association.
*DRIVER CHARGES
PROSECUTOR ACTIONS
COURT ACTIONS
MASKING?
EXPLANATION
Leaving the Scene of
a Collision
None.
Driver makes
charitable donation
to Mothers Against
Drunk Driving,
Victim’s Impact
Fund or the local
Little League.
Court dismisses
citation upon
proof of charitable
contribution
made.
Yes.
Reduction or
dismissal of CDL or
CLP cases (without
legal/factual basis
to do so)
predicated on
charitable
donations is
prohibited, and
may be considered
ethically
questionable.
*This list is not meant to be exclusive. State terminology may differ.
Every state that accepts federal highway funding is required to comply with 49 CFR 384.226, the “Prohibition
on Masking Offenses.” Both federal and state specific CDL Laws should be consulted when dealing with CDL
and/or CMV cases.
╟Additional CDL Resources╢
National Traffic Law Center: www.ndaa.org/ntlc_home.html
Federal Motor Carrier Safety Administration: www.fmsca.dot.gov
National Judicial College: www.judges.org
National Center for State Courts: www.ncsc.org
American Association of Motor Vehicle Administrators: www.aamva.org
The National District Attorneys Association (NDAA) created this document through financial support and assistance from the United States Department of
Transportation, Federal Motor Carriers Administration (FMCSA), under a cooperative agreement.
NDAA is not part of the U.S. Government, the U.S. Department of Transportation (DOT), or the FMCSA. Therefore, NDAA does not represent the official position or
policies of the FMCSA, the U.S. DOT, or the U.S. government. Particular points of view, opinions or legal interpretations expressed in the document are those of the
authors and do not necessarily represent the official position, policies or opinions of the National District Attorneys Association.