Truck Accident News

FMCSA Proposes To Require Disqualification Of Commercial Drivers Convicted Of Serious Driving Violations

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA)  proposed a requirement that drivers of large trucks or buses who are subject to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) be disqualified from driving if convicted of certain offenses while driving any vehicle.

"It makes perfect sense to hold CMV drivers accountable for driving convictions while operating any type of motor vehicle," Acting Deputy FMCSA Administrator Julie Anna Cirillo said. "Because of the importance of their job, these drivers should be held to the highest standard of safety. This requirement would improve truck safety and support the Bush Administration's goal to reduce the number of truck-related fatalities."

The proposed rulemaking would require states to disqualify a driver's commercial drivers license (CDL) upon conviction, and employers would be required to prohibit these disqualified drivers from operating commercial motor vehicles (CMV). The purpose of the proposal is to improve safety by ensuring that only safe drivers operate large trucks and buses. The FMCSA estimates that nearly 500 CMV-related crashes would be avoided annually as a resultof these disqualifications.

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	Did You Know?
	A subpoena is a court order to appear or bring information to a court proceeding. The target of the subpoena can object to the order, and a case within a case can evolve that deals solely with the subpoena. A subpoena has to be "served" on the party being ordered to produce information or testimony. Anyone can serve a subpoena, as long as they are not directly involved in the litigation. Along with the expense, another downside of subpoenas is that the information is usually not produced until the time of trial. For purposes of developing a defense it is desirable to have all relevant information well before your trial.