No, it’s no!: FMCSA issued an advisory regarding sexual assaults committed in a CMV

The FMCSA (Federal Motor Carrier Safety Administration) issued a compliance policy notice based on one of the most complex issues. Sexual assault that takes place in a commercial motor vehicle. Thus, this official body put a magnifying glass on the matter and clarified that they have recorded this type of crimes at truck stops and service stations.

“The safety of CMV (commercial motor vehicle) operators is a critical aspect of FMCSA’s safety mission. Sexual assaults have occurred at truck stops, service stations, and in connection with CMV driver training. Truck drivers whose personal safety is at risk cannot devote their full attention to the safe operation of a CMV and the performance of other safety-sensitive functions. “The courts and state driver licensing agencies (SDLA) play a key role in addressing this problem,” the FMCSA text details.

This statement seeks to increase awareness of these scourges and emphasize federal law that requires that anyone convicted of a sex crime cannot operate a CMV or obtain a commercial driver’s license (CDL) or commercial learner’s permit (CLP). In addition, it is clarified that it is the state courts that transmit these sentences based on sexual assaults and disqualify the drivers for the established period that ranges from one year to three. In the case of a second conviction, the driver is disqualified for life.

What is sexual assault? 

The FMCSA details it as: “any nonconsensual sexual act prohibited by state law, even when the victim lacks capacity to consent to it.” “Using a CMV” when committing the assault could include, for example:

• Felony sexual assault occurring in or on a CMV or towed unit; either

• use of a CMV to transport a victim to a location where a serious sexual assault crime is committed; either

• use of a CMV to conceal a felony sexual assault; For example, the CMV serves as a shield from public view while the attack occurs.

The FMCSA notice also calls on the other agencies involved to work together. In the case of state courts, the Administration publicly requests that they be “diligent in forwarding these convictions to state driver licensing agencies.” This way the law can be applied and drivers quickly disqualified.