Permanent Disqualification Added for Human Trafficking
Permanent Disqualification Added for Human Trafficking.pdf
On July 23, 2019 (84 FR 35335) the Federal Motor Carrier Safety Administration (FMCSA) revised the list of offenses permanently disqualifying individuals from operating a commercial motor vehicle (CMV) for which a commercial drivers' license or a commercial learner's permit is required. This final rule reflects a change made by Congress in the “No Human Trafficking on Our Roads Act” (the Act) which prohibits an individual from operating a CMV for life if that individual uses a CMV in committing a felony involving a severe form of human trafficking, adding to the list of other disqualifying offenses identified in statute. A list of these disqualifying offenses already exists in the FMCSRs; this final rule is necessary to update that list to include the new disqualifying offense established by the Act. This final rule also sets a deadline for States to come into substantial compliance with this requirement. A State must come into substantial compliance with the requirements of part 383 of this chapter in effect as of September 23, 2019, or as soon as practicable, but not later than September 23, 2023. (Note: this final compliance date was subsequently corrected to be not later than September 23, 2022. See July 30, 2019, 84 FR 36840) . Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than August 22, 2019. This final rule is effective September 23, 2019.
