FMCSA notifies states of responsibilities related to sexual assault. (Photo: Jim Allen/FreightWaves)
WASHINGTON — The Federal Motor Carrier Safety Administration has issued a new policy statement aimed at addressing sexual assault within the trucking industry.
In addition to increasing awareness of the problem, the statement, issued on Thursday by FMCSA Administrator Robin Hutcheson, also aims to remind state courts and state driver licensing agencies (SDLAs) that federal regulations require states to disqualify drivers from operating a commercial truck if they are convicted of using it to commit felony sexual assault.
“I’m absolutely thrilled to see this, it’s been something I’ve been writing about for some time,” Desiree Wood, who heads the advocacy group REAL Women in Trucking and is a commercial driver herself, told FreightWaves.
“Before Robin was at FMCSA, people were saying this issue was not under the agency’s authority. There have been agency announcements about wanting drivers to be the eyes and ears on the road when it comes to truckers against the human trafficking that’s been occurring, but what about cleaning up our own house?”
The policy statement acknowledges sexual assaults that occur at truck stops and fueling stations and while drivers undergo CDL license training.
“Truck drivers whose personal safety is at risk cannot devote their complete attention to the safe operation of a CMV [commercial motor vehicle] and the performance of other safety sensitive functions,” the notice states. “State courts and state driver licensing agencies [SDLAs] play a key role in addressing this problem.
FMCSA states in the notice that it is also aware that state criminal codes use varying terms to describe sexual assault, including rape, and that the term “sexual assault” means “any nonconsensual sexual act proscribed by state law, including when the victim lacks capacity to consent.”
It notes that examples of “using a CMV” in an assault could include:
- Felony sexual assault occurring in or upon a CMV or towed unit.
- Use of a CMV to transport a victim to a site where felony sexual assault is committed.
- Use of a CMV to conceal a felony sexual assault whe, for example, the CMV serves as a shield from public view while the assault is taking place.
“There may be other circumstances in which a CMV is used in the commission of felony sexual assault as determined by state prosecutors based on the facts of the case and applicable state law,” according to the notice. “FMCSA urges state courts to be diligent in forwarding these convictions to the SDLA so the perpetrator will be disqualified from operating a CMV.”
The notice comes as Hutcheson reviews final recommendations made in a report from FMCSA’s Women in Trucking Advisory Board.
The board recommended, among other things, that trainers and trainees never share the same sleeping quarters during CDL training periods, including hotel rooms and sleeping berths. It also recommended removing drivers with proven and documented cases of sexual harassment and assault by setting up complaint-reporting mechanisms outside the company structure.
Wood urged women to make criminal complaints “since this guidance would require this for enforcement,” she said. “We also need further education for law enforcement so they understand the nature of over-the-road truck driver training practices and jurisdiction issues that may cause them to not take criminal complaints seriously.”
She added, “I strongly feel that sexual predators — even though they may not have yet been identified as such — still thrive in this industry because we have not addressed the issue. We need to grow up and understand that until you can be transparent about it, you can’t begin to fix the problem.”
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