AUGUST 8, 2019 –The FMCSA published a final rule last month that will prevent anyone convicted of a human trafficking felony from ever operating a commercial motor vehicle again. This rule, which goes into effect on September 23, 2019, comes on the heels of the “No Human Trafficking on Our Roads Act,” which President Trump signed into law at the beginning of last year.
“By enforcing a lifetime ban on any CMV driver convicted of severe human trafficking, we aim to deliver a strong and effective deterrent to this abhorrent behavior,” FMCSA Administrator Raymond P. Martinez said. “If a commercial driver is convicted of using their commercial motor vehicle related to human trafficking – that person will never be driving interstate commercial vehicles again.”
This ban will amend the list of offenses that lead to a lifetime CDL disqualification in 49 CFR 383.51(b). Other offenses that lead to a lifetime CDL ban include multiple convictions for alcohol/controlled substance use when behind the wheel of a CMV, having caused multiple fatalities through the negligent operation of a CMV or a conviction of using a CMV to convict a drug trafficking felony.
What Employers Need to Know
The FMCSA is giving the states a few years to comply with the new regulations, so there could be a significant gap between the time when the rule goes into effect and the time when a driver’s license is revoked. For motor carriers, this highlights the importance of running a criminal background check during the pre-hire process, as well as enrolling every driver into an MVR monitoring program for the duration of their employment. This will ensure that you’re aware of any serious felony convictions before hiring a driver. You’ll also be instantly alerted if a driver’s CDL is suspended or revoked during their employment – information you might not otherwise get until their annual MVR review.
If you’d like to discuss the best ways to ensure you’re hiring and retaining the safest drivers for your business, visit us online here or give us a call at (860) 815-0869.
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