FMCSA is trying to decrease the danger of fatal semi-truck crashes with a new regulation mandating states suspend Commercial Drivers’ License or Commercial License Permit with failed drug test.
The danger of a serious or fatal semi-truck crash facing those of us driving the roadways of Indiana and Illinois is always high, given the large number of big rigs and tractor-trailers that rumble through this part of the country. The risk of a severe large truck accident only increases with the recognized rising trend for truckers to operate their vehicles while under the influence of drugs or alcohol.
More and more truck drivers are testing positive for impairment in the United States, with the drugs of choice being marijuana, cocaine, and meth. Impaired driving of a motor vehicle substantially increases the likelihood of a deadly crash.
For more, read our earlier discussion in: Truck Drivers and Drugs: Marijuana, Cocaine, and Meth are Top Three Drugs Found in FMCSA Commercial Driver Drug Testing.
Federal Government Regulating States: FMCSA Rule Mandates Illinois and Indiana CDL and CLP
In response to the problem of truck drivers getting behind the wheel after drinking alcohol or taking drugs, the Federal Motor Carrier Safety Administration (“FMCSA”) has issued a new federal regulation, effective November 8, 2021, as 86 C.F.R. 55718 (“New Rule”).
Entitled Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License, this new regulation is an amendment to prior federal law regarding the interplay between the state agencies of Indiana, Illinois, and other states that oversee licensure of commercial truck drivers and the FMCSA’s Drug and Alcohol Clearinghouse (“Clearinghouse”).
FMCSA’s New Rule gives new instructions to the state agencies for state CDL licensure.
Indiana BMV: Indiana Commercial Truck Driver’s License (CDL)
In Indiana, commercial truck drivers are licensed to drive large trucks and commercial vehicles through the state agency, the Indiana Bureau of Motor Vehicles (BMV). To get a Hoosier CDL, the driver has to pass (1) written tests and (2) a driving skills exam, operating the type of rig for the appropriate license sought. That skills exam includes: (1) inspection of the vehicle; (2) basic control skills; and (3) an actual road trip where electronic testing results are sent from the road to the BMV. The driver must pass a medical exam, as well.
Illinois Secretary of State: Illinois Commercial Truck Driver’s License (CDL)
In Illinois, commercial truck drivers must meet the requirements for a commercial driver’s license (CDL) and obtain licensure from the Illinois Secretary of State. To be licensed as a commercial truck driver in Illinois, the driver must have a valid Illinois driver’s license, and pass (1) the General (Core) Knowledge written test; (2) the Combination Knowledge written test (class A); (3) the Air Brake Knowledge written test (if driving vehicle, so equipped); and (4) any applicable Endorsement Knowledge written test(s) that are required to operate the desired vehicle. Afterward, the driver must pass the Illinois CDL skills / drive test.
New FMCSA Rule: Actions Required by the State Licensing Agency
Under the New Rule, the federal government is mandating that these state agencies – the Indiana BMV and the Illinois Secretary of State — cannot do any of the following if the driver in question has violated one or more of the federal drug and alcohol provisions as reported by the Clearinghouse:
- issue a state CDL or commercial learner’s permit (CLP);
- renew a state CDL or CLP;
- upgrade a state CDL or CLP; or
- transfer a CDL or CLP.
Downgrading of the driver’s license is also required. Additionally, the New Rule mandates that Indiana’s BMV and Illinois’ Secretary of State remove the commercial driving privilege from the driver’s state license, downgrading the driving license until there is proof of compliance with the federal return-to-duty (RTD) requirements.
One violation alone, as reported to the Clearinghouse, is sufficient to demand the state agency halt the licensure of the driver in question.
Rationale Behind the New FMCSA Rule
Why is this being done? FMCSA explains that this final rule “… will help keep unsafe drivers off the road by increasing compliance with the CMV driving prohibition.”
According to FMCSA, the purpose of the New Rule is to “improve highway safety.” FMCSA’s regulation operates to decrease the risk of a serious or fatal truck crash by “…ensuring that CLP or CDL holders with drug and alcohol program violations do not operate a CMV until they complete the return to duty (RTD) process and can lawfully resume driving.”
The federal perspective on this new regulation is that most state licensing agencies do not record or obtain information about any drug or alcohol program violations by commercial truck drivers licensed by their state. This allows the truck driver to keep driving with an active and valid CDL even if he or she has failed a federal drug (or alcohol) test.
Calling this a “knowledge gap” between the federal and state governments, the New Rule forces the state agencies to confirm that truckers with CDLs issued by that state are not in violation with federal driving regulations with their names listed in the Clearinghouse database. (States have previously been required to check the database for violations before issuing or renewing CDLs.)
From FMCSA: “…the final rule will also permit all traffic safety enforcement officers to readily identify prohibited drivers by conducting a license check during a traffic stop or other roadside intervention.”
Justice for Impaired Truck Driver Crash Victims in Indiana and Illinois
While the effective date of this New Rule is November 18, 2021, Indiana and Illinois and the rest of the states have a significant amount of time to implement and conform their procedures to its provisions. This New Rule includes language that substantial compliance is not required until November 18, 2024.
This means that the very real danger of truckers driving our roads while impaired by marijuana, cocaine, meth, alcohol, or other substances, remains unacceptably high. The country, and particularly our Crossroads of America, faces an extreme risk of a serious or fatal semi-truck crash caused by the impaired motor skills of a commercial truck driver.
Both the state laws of Indiana and Illinois provide avenues for justice for truckers, as well as their cab occupants, other truck drivers, and drivers and passengers of smaller motor vehicles involved in the accident. These state laws based upon negligence, workers’ compensation, and wrongful death, can in some instances also include legal liability for third parties that can include trucking companies, suppliers, and others that case investigations reveal to be culpable.
For more on semi-truck crashes in Indiana or Illinois, read:
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Nuclear Verdicts in Fatal Semi-Truck Crashes
- Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes
- Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents
- Trial Tactics for Plaintiff Semi-Truck Accident Claims: a Practical Guide from Investigation to Trial.
The large number of semi-trucks, big rigs, 18-wheelers, and tractor-trailers on the roadways of Illinois and Indiana pose a tremendous danger to everyone on our roadways, and the likelihood of an impaired driver only serves to increase the risk of harm we face. Please be careful out there!
