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FMCSA Policy Statement Dec 2023

On Thursday Dec 7th the Federal Motor Carrier Safety Administration (FMCSA) administrator Robin Hutcheson released an updated policy on sexual assault.  You can read the entire policy here:  Using a Commercial Motor Vehicle to Commit Felony Sexual Assault

If you don’t want to read the entire policy here is the first paragraph that sums it all up:

“The purpose of this Notice of Enforcement Policy (“Notice”) is to increase awareness of sexual assault against commercial motor vehicle (CMV) 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 requiring a commercial driver’s license (CDL) or commercial learner’s permit (CLP). This Notice clarifies that when State courts forward convictions based on the use of a CMV in the commission of felony sexual assault, the SDLA must disqualify the driver for the time periods set forth in 49 CFR 383.51(b), Table 1, item (6).”

The disqualification is set for a year to life depending on number of offenses the CDL hold has.  This only cover if a CMV was used in the sexual assault crime.

The policy has in place that each state had different terminology for sexual assault crimes.  This inform states that this covers "any nonconsensual sexual act proscribed by state law, including when the victim lacks capacity to consent."

It gives examples of the use of a CMV could include:

• “felony sexual assault occurring in or upon a CMV or towed unit; or
• use of a CMV to transport a victim to a site where felony sexual assault is committed;  or
• use of a CMV to conceal a felony sexual assault – e.g., the CMV serves as a shield from public view while the assault is taking place.”
   

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