CDL Arrest Policy
On the road to maturity as a police officer, one quickly learns to quit taking things personally. Some take longer than others, but the sooner a police officer learns to judge the actions of a violator and not the actor himself, the easier life becomes. The reality is sometimes mistakes are made, but sometimes the consequences exceed the reasonableness of the offense. This can readily be seen in commercial driver’s license violations. The ITEA has a solution though…read on!
Earlier this year, under federal mandate, the Illinois Secretary of State began canceling CDLs for those who had not complied with the medical merge process. No fault can be attributed to SOS. Illinois went above and beyond the call of duty.
In the end, Illinois had one of the earliest and highest compliance rates in the nation because of this effort. Even still, just under 20,000 Illinois CDL holders still had their CDL cancelled for not certifying. Many of these CDL holders probably were not using their CDL anymore, but many probably just did not get it done.
There’s another wrinkle to this issue. Of the 400,000+ CDL holders in Illinois, 46% are certified as non-excepted interstate (NI). This means they had to submit a valid medical card at the time of certification. As interstate certified drivers, they are required to provide the SOS a new, and valid, medical card every two years before the date it expires. If not, the CDL will be cancelled.
Just to add some more regulation to the process, as of May 21st, 2014 all driver physicals have to go through a specific set of doctors called “the registry”. No more “doc-in-the-box” offices writing out bogus medical cards for obviously unfit drivers. While the number of qualified doctors has surprisingly met expectations, it will still slow down the ability for CDL holders to get their physicals done in time.
Once the CDL is cancelled for any of these reasons, the driver has thirty days and then the CDL will cease to exist. The driver will have to start from scratch to obtain a new CDL. Permit tests, pre-trip inspections, skills course and road course…just like he never had a CDL in the first place.
The medical merge regulation is just one way to be in violation of CDL laws. How about these situations? • With the new CDL criterion, the driver who did not need a CDL June 30th based on GVWR may need one simply because he weighed one pound more on the scale July 1st. • The driver who did not know about a new regulation which says the aggregate total of 119 gallon tanks exceeding 1000 gallons needs a tanker endorsement. • The driver who received bad CDL advice from a police officer who was trained in an unauthoritative truck enforcement class, is now stopped by a well-trained police officer.
All that to say this: there’s a lot of new ways to have your CDL yanked for nothing but paperwork issues. There’s also a lot of ways to be in violation of a CDL. Yes, the medical merge process is important to weed out medically unfit drivers. Yes, the responsibility to be compliant with all rules and regulations falls on the CDL holder themselves.
However, many good drivers may lose or have their CDL cancelled solely because relatively minor issues, not necessarily because they are unqualified drivers. If the CDL is their livelihood, they will continue to drive regardless. Others will continue to drive, ignorant to the complexities of CDL law. And yes, that is on them too.
The question is not whether or not the operator should be held accountable for the decision to drive without the CDL when required, the question is whether or not the penalties for all CDL violations fit the crime. As mentioned in previous blog posts, driving without the proper CDL when required is a Class-A misdemeanor. Outside the various state police agencies, the vast majority of local police departments require misdemeanor traffic arrests to be custodial.
Handcuffs. Towed trucks (exponentially more expensive than towed cars). Fingerprints. Mug shots. FBI and state ID numbers. Maximum one year in jail. Maximum fine $2500.
As an alternative, local police agencies could adopt a model policy brought forth by the ITEA last month which provides police officers discretion. A model policy which allows police officers to still do their job, but not make a custodial arrest of every CDL violator. A model policy which attempts to harmonize state and local methodologies. A model policy already adopted by many ITEA member police agencies.
Click HERE to download ITEA Resolution 2014-02. Police officers, start the conversation with your administration. Truckers, make the phone call to your local police agency and respectfully demand they adopt a policy which allows for non-custodial arrests of CDL violators.
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