New Federal Database for Commercial Drivers Designed to Identify Truckers Failing Drug or Alcohol Testing
Commercial trucks move through Indiana and Illinois more often than they do in other parts of the country since we are a critical transportation hub for the entire continental United States, nicknamed the “Crossroads of America.” Increased commercial truck traffic is important to our state economies, of course, and it’s encouraged.
However, with all that cargo moving on our roads in big rigs, tractor-trailers, semis, and 18-wheelers, comes an increased risk to both the truck driver and those sharing the roads with these commercial trucks of a deadly accident or fatal truck crash. For more, read:
- Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies;
- Truck Crashes: Making the Roads of Indiana and Illinois Safer from Fatal Truck Accidents.
Government Attempts to Lessen the Number of Fatal Truck Accidents
The federal government uses its jurisdictional authority over interstate commerce to try and make commercial trucking safer for truckers and others sharing the roads with them in several ways. Agencies like the Federal Motor Carrier Safety Administration (FMCSA) regulate the trucking industry with a goal toward greater safety on the roads and fewer fatal accidents.
1. HOS (Hours of Service)
These include federal laws mandating things like Hours of Service (HOS) rules to limit the number of hours a truck driver is on the job, driving his or her rig. For more, read: Drowsy Driving: Do HOS Rules Make Us Safer from Fatal Truck Crashes? and Commercial Truck Drivers Driving Without a Break: HOS 34-hour Restart Restrictions.
2. ELD (Electronic Logging Devices)
Devices have been required by the federal government as well. Electronic logging devices (ELDs) are placed on the truck itself, where automated computer technology replaces drivers manually logging their work hours into pen-and-paper records. We have discussed these before, see: Truckers Hate New ELD Automation, But Drowsy Drivers Cause Fatal Crashes and Truck Driver Fatigue: Battle Continues Over Tracking Truckers with Electronic Log Devices (ELDs).
3. Registered National Driver Database (Federal Clearinghouse)
This month, another FMCSA tool to try and lessen the number of fatal truck crashes was implemented. In October 2019, the FMCSA Drug and Alcohol Clearinghouse opened for users to register and create individual accounts.
Registration and participation in the Clearinghouse will become mandatory on January 6, 2020. Registration is available for the following industry participants:
- CDL Drivers (truck drivers with a commercial driver’s license);
- Employers (companies who own or operate commercial vehicles as a part of their business and hire truckers to drive them);
- Owner-Operators (truck drivers who own and operate their own rigs);
- C/TPAs (consortia / third party administrators);
- DLAs (state drivers’ licensing agencies);
- MROs (medical review officers); and
- SAPs (substance abuse professionals).
Note: the commercial truck driver (CDL Driver) will not be forced to register with the Clearinghouse. However, he or she will have to be registered with the Clearinghouse in order to provide a current boss or a prospective employer the necessary online consent so the company can perform its required research into the driver’s history and past record. The trucker also has to register with the online Clearinghouse in order to check out his or her own personal online FMCSA record.
What is the FMCSA Drug and Alcohol Clearinghouse?
The Clearinghouse is an online database made up of individual commercial truck driver accounts. The database will not be available to the general public; anyone seeking to search through its files must be registered and approved for access.
In sum, the new Drug and Alcohol Clearinghouse is a secure databank available for access over the web by the FMCSA along with employers, state law enforcement, and state drivers’ licensing agencies.
Its goal is to create and build a repository of information regarding commercial drivers (both with CDLs (licenses) and CLPs (learning permits)) who have violated federal drug and alcohol regulations as outlined in 49 C.F.R. Part 382.
The Clearinghouse will contain details about the truck driver’s positive test results as well as his or her return-to-duty (RTD) status, and whether or not the trucker refused to be tested (“test refusals”).
Not only will state agencies and the federal government have access to the Clearinghouse, but fleets will have registered accounts, as well as medical professionals giving reviews and those who are providing substance abuse assistance to the drivers.
Trucking fleets have to report driver violations to the Clearinghouse, for instance. They must also check with the Clearinghouse before hiring a commercial driver to make sure that driver is clear for driving a commercial truck. Employers also have to double-check their roster of commercial truck drivers with the Clearinghouse on an annual basis.
Fatal Truck Crashes and the new FMCSA Drug and Alcohol Clearinghouse
For those who become victims of a fatal truck crash in Indiana or Illinois, it is vital to investigate and determine the cause (or causes) of the incident. Deadly truck accidents can result from a variety of circumstances, such as drowsy driving or truckers who are under the influence of drugs or alcohol while behind the wheel. Read: Truck Driver Health and Fatal Semi-Truck Crashes in Indiana and Illinois.
Truck accident victims may be helped by the information provided in the new FMCSA Drug and Alcohol Clearinghouse.
Clearinghouse Benefits to Truck Crash Victims
Once implemented, the Clearinghouse will give an accident victim the ability to investigate whether or not the fatal truck crash involved a truck driver with licensing issues, including a history of driving under the influence of drugs or alcohol.
- For instance, did the trucker have a failed test result in the past? Did he or she fail to report that to his new employer?
It will also provide information into the owner of the truck itself, i.e., the driver’s employer, and that company’s history on the roads including hiring practices and oversight of its driver-employees.
- For example, did the company oversee its fleet of drivers as required by law, or does it have a history of disregarding or disrespecting federal testing requirements? Did the company fail in its duty of care in hiring a driver or in overseeing its employee?
Note: While the Clearinghouse is being established, trucking companies will have to dovetail both checking with the online database while they also do traditional background checks for drug and alcohol issues with their drivers. In this interim period, another question during investigation of a serious or fatal truck accident may be if the company failed in its responsibilities here.
Limitations of the Clearinghouse for Truck Crash Accident Victims
Of importance in any truck crash claim, the Clearinghouse will not cover all trucking accidents. It will not include information on anyone who is not driving a rig pursuant to a Commercial Driver’s License, for instance. Nor will the Clearinghouse give information on any testing outside of the specific test results required by 49 C.F.R. 382. Finally, not all rigs are covered: trucks between 10,001 and 26,000 lbs. are not included in the scope of data collected in the new federal repository.
Finally, just because laws have been passed does not guarantee that laws will be followed. There will be failures to comply with the new Clearinghouse regulations, of course. See, e.g., The Office of the Inspector General is Auditing FMCSA over Concerns of Fraudulent Trucker Medical Certificates.
Seeking Justice after a Fatal Truck Crash in Illinois or Indiana
The risk of permanent bodily injury or death in any trucking accident is high, simply because of the size and weight of large commercial vehicles. Adding speed, weather conditions, and other factors to the incident only increases the likelihood or one or more fatalities in a truck crash.
The state laws of Illinois and Indiana both provide avenues for justice to those who are seriously injured or killed in a commercial truck crash. Both (1) truck drivers as well as (2) drivers and occupants of other motor vehicles involved in the truck accident may have legal recourse.
Truck crash victims will be helped by the information gathered in the new Clearinghouse. Truck crashes can be some of the most horrific and deadly types of motor vehicle accidents and investigation into their causes may be complicated and intricate. Helping victims, including truck drivers, assert claims against those who have legal liability for these tragedies is important. Please be careful out there!
