CDL Violations: Enforcement in the Courts. AAMVA International Conference 2012 Charlotte, North Carolina Kristen Shea National Traffic Law Center

Transcription

1 CDL Violations: Enforcement in the Courts AAMVA International Conference 2012 Charlotte, North Carolina Kristen Shea National Traffic Law Center

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

3 Why are CDL violations important?

4 Importance of CDL Safety Violation Enforcement

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6 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.

7 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

8 Disposition Rates by Violation Type* Other Than Serious Violation Not Guilty 18% Not Guilty 27% Serious Violations Other 11% Disqualifying Violations Guilty 25% Guilty 82% Guilty 73% Not Guilty 64% * Data on CMV drivers from CVSA Self Assessment Study

9 The Role of Courts In CMV Safety

10 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

11 Areas to Improve Speed of reporting Accuracy of reporting Masking Definition of traffic offense Non-traffic offense disqualifications

12 Masking

13 Masking is Prohibited by Federal Law (49 C.F.R ) 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

14 Conviction Pursuant to 49 C.F.R 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.

15 Masking or Not? Diversion Plea bargaining Dismissal Fees and fines

16 Redefining Traffic Offense

17 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

18 Are these traffic offenses? Evading in motor vehicle? Theft of motor vehicle? Kidnapping? Drug sales? Jumping bail?

19 Special Issues Impaired Driving BAC.04% in CMV No restricted CDL No drugs/meds when driving CMV

20 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).

21 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

22 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

23 Medical Disqualifications Drug/Alcohol Addiction Physical impairment Mental impairment Imminent danger

24 "A memorandum isn't written to inform the receiver, but to protect the writer." ~Dean Acheson (U.S. Secretary of State, )

25 Medical Marijuana DOT prohibition FMCSA s position Drug Free Workplace 1988 Challenges

26 National Traffic Law Center (National District Attorneys Association)

27 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

28 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

29 Contact Information: Kristen K. Shea (703) Canal Center Plz., Ste. 110 Alexandria, VA

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

31 Resources for Traffic Safety Professionals Instruction on request CDL curriculum Monographs/Articles Technical assistance

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33 49 C.F.R Applies to Drivers who held or should have held a CDL at the time of the offense.

34 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

35 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

36 Resources Federal Motor Carrier Safety Administration: Commercial Vehicle Safety Alliance:

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

38 Questions?????