CDL Violations: Enforcement in the Courts...2005 Study/2011 Update • CMV drivers who commit...
Transcript of CDL Violations: Enforcement in the Courts...2005 Study/2011 Update • CMV drivers who commit...
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CDL Violations: Enforcement in the Courts
AAMVA International Conference 2012 Charlotte, North Carolina Kristen Shea National Traffic Law Center
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Who is responsible for keeping dangerous commercial drivers off the road?
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Why are CDL violations important?
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Importance of CDL Safety Violation Enforcement
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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.
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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
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• 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
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The Role of Courts In CMV Safety
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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
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Areas to Improve
• Speed of reporting
• Accuracy of reporting
• Masking
• Definition of traffic offense
• Non-traffic offense disqualifications
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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
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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.
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Masking or Not? • Diversion
• Plea bargaining
• Dismissal
• Fees and fines
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Redefining ‘Traffic Offense’
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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
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Are these traffic offenses? • Evading in motor vehicle?
• Theft of motor vehicle?
• Kidnapping?
• Drug sales?
• Jumping bail?
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Special Issues – Impaired Driving
• BAC .04% in CMV
• No restricted CDL
• No drugs/meds when driving CMV
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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).
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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
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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”
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Medical Disqualifications • Drug/Alcohol Addiction
• Physical impairment
• Mental impairment
• Imminent danger
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"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)
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Medical Marijuana • DOT prohibition
• FMCSA’s position
• Drug Free Workplace 1988
• Challenges
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National Traffic Law Center (National District Attorneys Association)
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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
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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
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Contact Information:
Kristen K. Shea [email protected] (703)-519-1644 44 Canal Center Plz., Ste. 110 Alexandria, VA 22314
•
www.NDAA.org
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NTLC Resources for Prosecutors, Law Enforcement Officers and the Courts: Saving Lives Through Better CDL Violation Enforcement
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Resources for Traffic Safety Professionals
• Instruction on request
• CDL curriculum
• Monographs/Articles
• Technical assistance
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49 C.F.R. §383.51 -Applies to Drivers who held or should have held a CDL at the time of the offense.
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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
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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
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Resources…
•www.NDAA.org •Federal Motor Carrier Safety Administration: www.fmcsa.dot.gov
•Commercial Vehicle Safety Alliance: www.cvsa.org
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Who is responsible for keeping dangerous commercial drivers off the road?
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Questions?????