CDL Violations: Enforcement in the Courts

AAMVA International Conference 2012 Charlotte, North Carolina Kristen Shea National Traffic Law Center

Who is responsible for keeping dangerous commercial drivers off the road?

Why are CDL violations important?

Importance of CDL Safety Violation Enforcement

Why are CDL cases important? • CMV crashes are more likely to be fatal. • CMV crashes are disproportionately high. • Courts are in the best position to identify and address

dangerous CMV drivers.

ATRI Study of Violations Associated with Risk of Future Crash 2005 Study/2011 Update

• CMV drivers who commit

violations are significantly more likely to be involved in future crashes than those who do not

• Studied how likely drivers with specific violations were to be involved in crash within following 12 months

• Failure/Improper Signal -

96% more likely

• Improper Passing – 88% more likely

• Speeding more than 15 miles – 67% more likely

• Disposition Rates by Violation Type*

Serious Violations

Not Guilty 27%

Guilty 73%

Other Than Serious Violation

Guilty 82%

Not Guilty 18%

Disqualifying Violations

Guilty 25%

Not Guilty 64%

Other 11%

* Data on CMV drivers from CVSA Self Assessment Study

The Role of Courts In CMV Safety

CDLIS (Commercial Drivers License Information System)

• Created as a result of the Commercial Motor Vehicle Safety Act of 1986 (CMVSA)

• Intended to serve as a clearinghouse of information related to CDLs

• Prior to issuing new CDL, states must query CDLIS to determine status in other states

• Only as strong as the information it receives

Areas to Improve

• Speed of reporting

• Accuracy of reporting

• Masking

• Definition of traffic offense

• Non-traffic offense disqualifications

Masking

Masking is Prohibited by Federal Law (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 CDL driver’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in the State where the driver is licensed in another State

Conviction Pursuant to 49 C.F.R §383.5 Any 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 unauthorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s

appearance in court, a plea of guilty or nolo contendre 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 or Not? • Diversion

• Plea bargaining

• Dismissal

• Fees and fines

Redefining ‘Traffic Offense’

Are All Relevant Convictions Being Captured?

• First major violations disqualifies for ONE YEAR

• Any felony in ANY motor vehicle disqualifies CDL

holder for ONE YEAR

• Second major violation can disqualify for LIFE

• Definition of conviction is different under federal regulations

Are these traffic offenses? • Evading in motor vehicle?

• Theft of motor vehicle?

• Kidnapping?

• Drug sales?

• Jumping bail?

Special Issues – Impaired Driving

• BAC .04% in CMV

• No restricted CDL

• No drugs/meds when driving CMV

ONDCP 2008 Report: Prescription for Danger

• More teens abuse prescription drugs than any illicit drug except marijuana.

• CDC data indicates a dramatic increase in the number of

poisonings and even deaths associated with the abuse of prescription and OTC drugs.

• The prescription drugs most commonly abused by teens

are painkillers, prescribed to treat pain; depressants, such as sleeping pills or anti-anxiety drugs; and stimulants, mainly prescribed to treat attention-deficit hyperactivity disorder (ADHD).

Drug Testing for CMV Drivers

• Conducted by employers not the government

• Either random or ‘reasonable suspicion’ testing may occur

• Serious crashes (fatal or serious injury, citation issued or vehicle towed away) require employer to test driver involved

• Every driver will not be tested in a given year

US Government Accountability Office

• Report issued “'Motor Carrier Safety: Preliminary Information on Challenges to Ensuring the Integrity of Drug Testing Programs”- released on November 1, 2007

• “there appears to be a significant lack of compliance among motor carriers, particularly small carriers and self-employed drivers”

• “(v)iolations of drug testing protocols are noted in more than 40 percent of FMCSA’s safety audits conducted since 2003 of carriers that have recently started operations and more than 70 percent of the compliance reviews conducted on carriers already in the industry since 2001”

• “recent drug tests conducted during roadside inspections of trucks in Oregon suggest that the percentage of truck drivers using illegal drugs while operating vehicles may be somewhat higher than FMCSA reports”

Medical Disqualifications • Drug/Alcohol Addiction

• Physical impairment

• Mental impairment

• Imminent danger

"A memorandum isn't w ritten to inform the receiver, but to protect the w riter." ~Dean Acheson (U.S. Secretary of State, 1949 – 1953)

Medical Marijuana • DOT prohibition

• FMCSA’s position

• Drug Free Workplace 1988

• Challenges

National Traffic Law Center (National District Attorneys Association)

About NDAA… • Non-profit organization • Provides support to

prosecutors/officers • Multiple areas of criminal

law • Library of resource

materials • Database of experts • Publications • Partners w/other

organizations • Receives grant funds

About NTLC • Specific focus on traffic

prosecution • Impaired driving • Vehicular Homicide • Two experienced

prosecuting attorneys (NHTSA funded)

• “Between the Lines” Newsletter

• Monographs • FMCSA grant for senior

attorney

Contact Information:

Kristen K. Shea kshea@ndaa.org (703)-519-1644 44 Canal Center Plz., Ste. 110 Alexandria, VA 22314

•

www.NDAA.org

NTLC Resources for Prosecutors, Law Enforcement Officers and the Courts: Saving Lives Through Better CDL Violation Enforcement

Resources for Traffic Safety Professionals

• Instruction on request

• CDL curriculum

• Monographs/Articles

• Technical assistance

49 C.F.R. §383.51 -Applies to Drivers who held or should have held a CDL at the time of the offense.

Prosecutorial Considerations • Ethical obligations to prosecute offenders in accordance with

the law • Increased media coverage of crash cases • Creating a record for the next prosecutor • Federal prohibition against masking

Dealing with Roadblocks…

• CMV drivers should be protected from unscrupulous competition

• CMV drivers are well better trained than any other divers • CMV drivers are VERY aware that bad driving can cost them

their licenses

Resources…

•www.NDAA.org •Federal Motor Carrier Safety Administration: www.fmcsa.dot.gov

•Commercial Vehicle Safety Alliance: www.cvsa.org

Who is responsible for keeping dangerous commercial drivers off the road?

Questions?????