C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM › Subpart D—Consequences of State Noncompliance

49 C.F.R. § 384.401

Withholding of funds based on noncompliance

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(a) Following the first year of noncompliance. An amount up to 4 percent of the Federal-aid highway funds required to be apportioned to any State under 23 U.S.C. 104(b)(1) and (2) shall be withheld from a State on the first day of the fiscal year following such State's first year of noncompliance under this part.

(b) Following second and subsequent year(s) of noncompliance. An amount up to 8 percent of the Federal-aid highway funds required to be apportioned to any State under 23 U.S.C. 104(b)(1) and (2) shall be withheld from a State on the first day of the fiscal year following such State's second or subsequent year(s) of noncompliance under this part.

[86 FR 35642, July 7, 2021]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2011–2021 · leading case: Sondergaard v. Commonwealth, Dep't of Transp., 65 A.3d 994 (Pa. Commw. Ct. 2013).
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Sondergaard v. Commonwealth, Dep't of Transp., 65 A.3d 994 (Pa. Commw. Ct. 2013). · cites it 2× “§ 31310 ; 49 C.F.R. § 384.401 (2002); see also 49 C.”
In the Matter of the Expungement of J.S.: State of Indiana v. J.S., 48 N.E.3d 356 (Ind. Ct. App. 2015). · cites it 2× “49 C.F.R. § 384.401 (emphases added). In addition, the FMCSA could decertify the State’s CDL program or prohibit the State from performing any of the following CDL transactions: (1) initial issuance of a CDL license, (2) renewal of a CDL license, (3) transfer of a CDL ‘license,…”
Jans v. Dep't of Pub. Saf., 2021 S.D. 51 (S.D. 2021). “49 C.F.R. § 384.401 (2021). Additionally, a state “found to be in substantial noncompliance” may be prohibited from maintaining a CDL licensing program.”
State of Tennessee v. Craig Edwin James (Tenn. Crim. App. 2011). “49 C.F.R. § 384.401 (a)-(b). In our view, by discouraging state authorities from taking measures to lessen the impact a driving conviction has upon the status of a defendant’s commercial driver’s license the FMSCA sought to prevent dangerous drivers from maintaining commercial…”
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