49 C.F.R. § 384.226
Prohibition on masking convictions
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.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 2008–2026 · leading case: State of Indiana & Indiana Bureau of Motor Vehs. v. Nicholas Hargrave, 51 N.E.3d 255 (Ind. Ct. App. 2016).
State of Indiana & Indiana Bureau of Motor Vehs. v. Nicholas Hargrave, 51 N.E.3d 255 (Ind. Ct. App. 2016). “Specifically, the BMV asked the trial court to determine that 1) pursuant to 49 CFR § 384.226 , which was adopted by Indiana Code section 9-24-6-2(d), Hargrave was not eligible for a diversion program because he held a CDL at the 5 The BMV requires certain persons who have had…”
In the Matter of the Expungement of J.S.: State of Indiana v. J.S., 48 N.E.3d 356 (Ind. Ct. App. 2015). “49 C.F.R. § 384.226 (emphasis added). [11] Each State’s CDL program is subject to review by the Federal Motor Carrier Safety Administration (“FMCSA”).”
Tirado v. Bd. of Appeal on Motor Veh. Liab. Policies & Bonds, 34 N.E.3d 334 (Mass. 2015). “49 C.F.R. § 384.226 (2013), added by 67 Fed.”
Kolva v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 977 A.2d 1248 (Pa. Commw. Ct. 2009). “See 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 [commercial] driver's conviction for any violation .”
People v. Meyer, 186 Cal. App. 4th 1279 (Cal. Ct. App. 2010). “” ( 49 C.F.R. § 384.226 (2009).) This part of title 49 is aimed at achieving state compliance with the federal statutory goal of compiling a record of every traffic violation of a commercially licensed driver.”
Jans v. Dep't of Pub. Saf., 964 N.W.2d 749 (S.D. 2021). “” 49 C.F.R. § 384.226 (2021). Federal funding may be withheld from a state that fails to comply with these mandates.”
United States v. James Smith, 519 F. App'x 853 (5th Cir. 2013). “49 C.F.R. § 384.226 ; see also 49 C.F.R. § 384.”
State of Tennessee v. Craig Edwin James, No. M2010-01001-CCA-R3-CD (Tenn. Crim. App. Jan. 26, 2011). “The FMSCA promulgated regulation 49 C.F.R. § 384.226 , which threatens to withhold federal funding from states that “mask” violations of traffic control laws for holders of commercial driver’s licenses: The State must not mask, defer imposition of judgment, or allow an…”
People v. Vasilev, 2020 IL App (3d) 190014-U. “In support of its argument, the State cited to federal regulation 49 C.F.R. § 384.226 (2011). The defendant argued that court supervision for a CDL driver was treated as a conviction by the Secretary of State for purposes of the CDL record but not his personal driving record, so…”
Greenawald v. Sec'y of State, No. KENap-17-36 (Me. Super. Ct Jan. 16, 2018). “Rather, she argues, the 2009 conviction appearing in the CDLIS record in the possession of the Secretary of State is merely "a disqualifying action" for purposes of the issuance of a commercial driver's license, and is not a prior conviction under Maine law for the purpose of…”
Vogt v. Kansas Dept. of Revenue, 581 P.3d 368 (Kan. Ct. App. 2026). “See 49 C.F.R. § 384.226 (2025); K.S.A. 8-2,150.”
Metro. Gov't of Nashville & Davidson Cnty. v. Daryl K. Stark, No. M2007-00635-COA-R3-CV (Tenn. Ct. App. Jan. 31, 2008). “49 C.F.R. §384.226 . Likewise, Tenn. Code Ann.”
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