Regarding Felony Convictions

by Denise



In your section regarding felony convictions, you said that by law a person with a felony drug conviction for illegal drugs cannot be hired. Can you please direct me to the part of the law that says that?? I understand that it is the Motor Carriers Act or something like that but I cannot find the specific area/section or paragraph so could you please show me where to find it? And does it permanently disqualify a person or is there a length of time after which a felon could get a license?

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Feb 21, 2010
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Felony Convictions
by: Billy

I cannot find a specific law that disqualify's a driver from driving just for having a drug conviction but:

Many truck driving companies will not hire applicants who have been convicted of a major felony crime within the past 10 years. This includes convictions for selling drugs, robbery, arson, kidnapping, terrorism, and serious sex-crimes. All truck driving carriers perform background checks on applicants so please be honest about your past on the application.

It is anticipated that full implementation of CSA 2010 by FMCSA will begin on or around July 1, 2010.

16 violations that FMCSA has determined will result in an automatic audit failure.

4) Using a driver known to have tested positive for a controlled substances. ( I believe this refers to current employees who test positive )



From FMCSA www.fmcsa.dot.gov/

§1572.103 Disqualifying criminal offenses.

(b) Interim disqualifying criminal offenses. (1) The felonies listed in paragraphs (b)(2) of this section are disqualifying, if either:

(b)(1)(i) the applicant was convicted, or found not guilty by reason of insanity, of the crime in a civilian or military jurisdiction, within seven years of the date of the application; or

(b)(2)(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.



Driver disqualifications and penalties:

§383.51 Disqualification of drivers.

(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance. Life time suspension-not eligible for 10-year reinstatement.

Hope this was helpful.

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