3 truck drivers lose CDL privileges for high risk driving

In order to operate a commercial truck in interstate commerce a driver must obtain a commercial driver's license (CDL). The Federal Motor Carrier Safety Administration (FMCSA) is the agency that has authority to terminate a CDL when a driver in New York or other states poses an imminent risk to public safety. Recently, the FMCSA declared three truck drivers to be hazards to public safety, revoking their CDL's and terminating their interstate privileges.

The FMCSA said that on June 23, 2013, one of the CDL holders was operating a tractor-trailer on I-75 when he struck a state trooper's cruiser and a tow truck parked on the highway shoulder with emergency lights flashing. A state trooper was seriously injured. The driver was arrested and charged with drunk driving, reckless endangerment, vehicular assault, leaving the scene of a crash with an injury, possession of drug paraphernalia, and other state violations. The FMCSA also found that he falsified medical records to get a CDL license.

In another case this past September, a CDL holder was operating a tractor-trailer on Arkansas State Highway 7 when he struck and killed two pedestrians changing a flat on the roadway shoulder. The FMCSA investigated and found also that he failed to tell three separate, recent employers about his involvement in five commercial motor vehicle crashes in addition to a prior CDL termination for high risk driving. The agency also found potentially disqualifying medical conditions withheld from licensing authorities.

In September a third CDL holder was operating a tractor-trailer on U.S. Highway 23 in Pickaway County, Ohio, when he rear-ended a car stopped in traffic. The driver of the car died. The FMCSA investigated and found that he had repeatedly falsified his driving records for the prior five-week period to hide violations of on-duty time limitations designed to prevent fatigued driving by commercial truck and bus operators.

In these cases the drivers were found guilty of particularly gruesome violations. However, there are often allegations against CDL operators from New York and other states that are borderline or unsubstantiated. In those cases, a CDL holder would likely benefit from consulting with an attorney who has extensive experience in defending allegations against a CDL holder's rights.

Source: thetrucker.com, FMCSA puts three truck drivers out of service, No author, Oct. 25, 2013

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