This has happened to either your fleet or a fleet down the road. A driver gets pulled over in some random state (helloooo Oregon) and they’re told that their CDL has been suspended. Now why was their license suspended? Well, they didn’t pay a parking ticket in that state. Or perhaps they’re not up to date on their child support, owe on taxes, etc.
This has always been frustrating for fleets: it’s irritating to have a load sit on the side of the road because a driver didn’t pay a personal fine. Now it’s even more hurtful because fleets are stuck with a 391.15(a) [Driving a CMV while disqualified]. Which has a severity weight of 8. On a recent violation, this would give the fleet a pretty package of 24 points.
GOOD NEWS EVERYBODY!
The FMCSA realizes there may be a problem with this system! Their goal is to decrease interstate crashes; not collect child support. Currently they are discussing how to classify and treat these driving a CMV while suspended as a safety related suspension (speeding/drugs or alcohol/jumping) or a non-safety based suspension. Now, the violation will still be there, but it may (in the future) carry less of a penalty under CSA.
See more details here: https://csa.fmcsa.dot.gov/Documents/CSA_Dispatch_Dec2011.pdf
A reduction in the point value for this violation would be nice, but I’m not holding my breath. This one is one of those “politically correct” violations that can be used in media to explain a state or local authority’s “get tough” policy on deadbeat Dads (and Moms, in some cases.) The problem is, of course, the irony in the whole concept. “You are behind in your child support, so we are going to take away the document that allows you to earn money so that you can pay your child support!” (Insert your Lewis Black, Bill Maher, or Jon Stewart joke here.)
In most cases, the fleet gets a pretty package of 30 pts for a driver who is driving while disqualified – add the OOS effect points.