Driver Caught With Weed In Truck
Topic 33499 | Page 1
That is not a good situation. Read cfr 49, 392.4. It is very clear and straight forward. It will affect your CSA score after all the paperwork is completed.
It may or may not impact your ability to get work. Shippers and brokers do check your csa record before accepting you. I will say that will be on a case by case basis.
Shipper:
The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
Hi, Justin. Welcome to TT. Another consideration for you to explore as the holder of the authorities or management of the company would be going to court and defend the driver. The law enforcement agency will have to get lab tests done on the suspected cannabis to confirm presence of the to convict on possession of cannabis, if a local or state charge. IF they do not have crime lab testing done to confirm, that may result in acquittal, allowing you to contest the SAFER hit that was generated. Don't enter into a plea deal until your corporate hired defense (yes, criminal law, not contract law) attorney has seen discovery on the lab results and case report.
IF it is cbd without the active thc component, as so many cbd advocates claim, the pot charge SHOULD go away.
(Not sure if FMCSA prohibits cbd directly, doubt it but haven't dived that deeply into the statutory rabbit hole. I spent 28 years reading, interpreting and applying statutes in my first career, kinda gave up on the deep diving)
Your individual CSA score (if you are a driver and not simply a manager) will not be impacted ‐ individual choices have individual CSA score applications. The company might have issues, but your individual score will stay clean. If you leave the company your score will still be a safe and happy 0.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
- Commercial Drivers' Licenses
- Data and Analysis
- Regulatory Compliance and Enforcement
- Research and Technology
- Safety Assistance
- Support and Information Sharing
Fm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.OWI:
Operating While Intoxicated
Unfortunately, for that driver, is that CBD is a cannabis product. No matter how they breed the plant there’s always going to be a minuscule amount of THC in it even if it’s .0000001%
The law interprets that with extreme prejudice, so that’s basically cannabis in a commercial vehicle I would expect.
FMCSA Issues Reminder To CDL Drivers Regarding Use Of CBD Products
By Kathryn J. Russo on May 27, 2021
The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should exercise caution when considering whether to use hemp and cannabidiol (CBD) products. Specifically, the update stated that it is important for all employees who perform safety-sensitive functions, including CDL drivers, to know:
1. The U.S. Department of Transportation requires testing for marijuana and not CBD.
2. The labeling of many CBD products may be misleading because the products could contain higher levels of tetrahydrocannabinol (THC) than what’s stated on the product label.
3. The U.S. DOT’s Drug and Alcohol Testing Regulation, 49 CFR Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason.
4. CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product. Since the use of CBD products could lead to a positive drug test result, U.S. DOT-regulated CDL drivers should exercise caution when considering whether to use CBD products.
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Commercial Motor Vehicle:
A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:
- A gross vehicle weight rating of 26,001 pounds or more
- A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
- Commercial Drivers' Licenses
- Data and Analysis
- Regulatory Compliance and Enforcement
- Research and Technology
- Safety Assistance
- Support and Information Sharing
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
Dm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.Fm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.New Reply:
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1 of my drivers got caught with cbd cigarettes (he said) and was given a possession of marijuana charge for him and my company. I want to know how will this effect my csa score and will I still b able to find loads. If any one has gone threw this and has any advice let me know. He was also drug test by the dot officer and by the company both came back negative
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.