The Department of Transportation (DOT) asserted its authority on Dec. 7 through the issuance of an updated enforcement policy notice. The notice serves “to increase awareness of sexual assault against commercial motor vehicle drivers and to emphasize that federal law requires that persons who are convicted of using a CMV to commit a felony must be disqualified from operating a CMV.”
This policy makes clear that in cases where a state court forwards a conviction involving the use of a commercial truck in the commission of felony sexual assault, the driver must face disqualification “for the time periods set forth in 49 CFR 383.51(b), Table 1, item (6).”
In practical terms, this implies that, in most instances, drivers must undergo disqualification for a duration ranging from one year to a lifetime, depending on the number of offenses committed. The policy recognizes the varying terminologies different states use concerning sexual assault convictions.
The policy was signed by FMCSA Administrator Robin Hutcheson and was made public on Dec. 7.
“The safety of CMV operators is a critical aspect of FMCSA’s safety mission,” said the policy. “Sexual assaults have occurred at truck stops, fueling stations, and in connection with CMV driver training. Truck drivers whose personal safety is at risk cannot devote their complete attention to the safe operation of a CMV and the performance of other safety-sensitive functions.”
The policy does not disregard state rates and makes clear its understanding of terminology around sexual assault convictions varies from state to state. The policy clearly states that this applies to “any nonconsensual sexual act proscribed by state law, including when the victim lacks capacity to consent.”
The definition of “using a CMV” in the commission of such a crime is outlined with three examples by Hutcheson:
- Felony sexual assault occurring in or upon a CMV or towed unit
- Use of a CMV to transport a victim to a site where felony sexual assault is committed
- Use of a CMV to conceal a felony sexual assault, where the CMV acts as a shield from public view during the assault.
The DOT clarified that the rule could extend to other scenarios and even apply when the victim is not another truck driver or a trainee. Addressing concerns surrounding sexual assault, the Women of Trucking Advisory Board and FMCSA have been actively involved in initiatives such as the “Crime Prevention for Truckers” report in 2022.
Desiree Wood, President of Real Women in Trucking and a sexual assault survivor herself, applauded the step forward. She urged victims of sexual assault to come forward and report the crimes while advocating for fleets to take responsibility for administering effective training programs.
“While this notice of enforcement is a step forward, convictions are difficult in the current culture. The truth is we must encourage those affected to report offenses promptly to law enforcement rather than be discouraged,” she said. “We also must educate law enforcement to take these reports seriously since they have difficulties understanding why we are living on trucks with someone we hardly know in the first place. In addition, a robust, comprehensive code of conduct must be implemented that protects everyone involved in these cohabitation training environments.”
Source: Commercial Carrier Journal
