In a major development in the ongoing investigation into a widespread fraud involving staged accidents with tractor-trailers, Jovanna Gardner, one of the central figures, has agreed to a plea deal with federal prosecutors. Gardner’s decision to plead guilty to conspiracy to commit witness tampering and cooperate with investigators marks a critical juncture in this high-profile
FMCSA Drops Mandate That Drivers Report Traffic Violations to Their Employers
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The Federal Motor Carrier Safety Administration (FMCSA) has made an amendment to its rules regarding the reporting of violation records for commercial motor vehicle drivers. This is a change that has been proposed multiple times in the past, most recently on December 14th, 2020. We will be summarizing the rule change, but if you would like to read its full text, it is available at this link.
Maintaining Standards While Eliminating Paperwork for Drivers
The regulation amendment eliminates a requirement that interstate commercial motor vehicle drivers must annually prepare and submit to their employers a list of their convictions for traffic violations. According to the agency, their reason for withdrawing this requirement is that there are similar and duplicative mandates already in place. Motor carriers already make a motor vehicle records (MVR) inquiry for each driver they employ from every state where the driver holds a CMV operator’s license or permit.
To ensure the rule change does not leave any gaps in safety standards, new requirements for drivers licensed by a foreign authority have gone into effect. According to the FMCSA, only about 2.8% of CMV drivers are licensed by foreign authorities such as Canada or Mexico. However, to ensure those drivers are properly vetted, carriers must request MVRs from Canadian and Mexican licensing authorities for the drivers they have licensed.
For each CMV driver in their employ, carriers must keep a certification of no violations on file. In addition, the application for employment rule has been bolstered. Every driver is now required, in their employment application, to list the issuing driver’s licensing authority for each unexpired CMV operator’s license or permit they have been issued.
Although the FMCSA states that reporting and recordkeeping costs for motor carriers will not increase, employers would do well to review their hiring and reporting procedures. Since proposing the rule change, the FMCSA says no comments opposing the rule were received from safety advocate organizations, labor unions, or trade associations.
Develop Effective Hiring and Safety Standards, and Crisis Management
Any rule change, even those designed to reduce administrative workloads, must be reviewed by responsible employers. Your hiring and retention standards directly impact the safety outcomes of your organization. While compliance with safety standards and rules is absolutely essential to protect your business, it may be in your best interest to go “above and beyond” to ensure the safety of your drivers and the future of your company.
Don’t wait to review changes in the industry and adjust accordingly. Hughes Lawyers LLC specializes in trucking industry litigation and employment law. Hiring and safety practices should be developed with clear objectives and risk mitigation in mind. Contact us online or call any time to find out how we can help you address these vital areas of your business or address an immediate need.
