On Decmeber 7, Robin Hutcheson, the admisitrator of the Federal Motor Carrier Safety Administration, (FMCSA) issued a Notice of Enforcement Policy, in an effort to increase awareness of sexual assault against commercial motor vehicle (CMV) drivers.
The agency also wanted to " emphasize that Federal law requires that persons who are convicted of using a CMV to commit a felony must be disqualified from operating a CMV requiring a commercial driver’s license (CDL) or commercial learner’s permit . "
Safety of CMV operators is a critical aspect of group;s mission, it said explaining that sexual assaults have occurred at truck stops, fueling stations, and in connection with CMV driver training. "Truck drivers whose personal safety is at risk cannot devote their complete attention to the safe operation of a CMV and the performance of other safety sensitive functions. State courts and State Driver Licensing Agencies play a key role in addressing this problem," the statement said.
FMCSA said it is defining the term “sexual assault” to mean any nonconsensual sexual act proscribed by State law, including when the victim lacks capacity to consent.
“Using a CMV” in the commission of the assault could, for example, include:
- felony sexual assault occurring in or upon a CMV or towed unit; or
- use of a CMV to transport a victim to a site where felony sexual assault is committed; or
- use of a CMV to conceal a felony sexual assault – e.g., the CMV serves as a shield from public view while the assault is taking place.
The notice also said 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.
