The number of fatal traffic incidents involving commercial motor vehicles (CMVs), large trucks, and buses appears to be increasing. According to the Federal Motor Carrier Safety Administration (FMCSA), the number of large trucks and buses involved in fatal crashes increased by 6 percent from 2015 to 2016.1 Additionally, fatal crashes involving large trucks and other CMVs spiked in 2017. According to the National Highway Traffic Safety Administration (NHTSA), 4,761 people were killed in crashes involving CMVs in 2017. NHTSA’s breakdown of fatal truck crashes in 2017 showed nearly a 6 percent (5.8%) increase in lethal crashes involving tractor-trailer combinations and nearly a 19 percent (18.7%) increase in those involving single-unit trucks.2
According to the American Trucking Associations, there are approximately 3.5 million professional CMV drivers in the United States.3 CMV drivers have challenging jobs and often put their own health and safety, as well as others, in danger by driving when fatigued; after consuming alcohol; or by using impairment-causing drugs, both legal and illegal. In the Psychoactive Substance Use by Truck Drivers report, researchers analyzed evidence from around the world to get a sense of what is known about how frequently CMV drivers use legal and illegal “psychoactive” substances like alcohol, marijuana, amphetamines, and cocaine. They found widely varying estimates—based both on the drivers’ own reports and on drug testing—but the overall use of mind-altering substances was high.4
With the increases in crashes involving CMVs, discussions continue regarding numerous safety measures, which include automatic emergency braking systems, forward collision warning systems, and other high-tech safety features in new vehicles to assist in avoiding roadway crashes. Through all of this, there is also concern over the growing numbers of crashes involving impaired CMV drivers. These crashes continue to occur despite the stricter limits on acceptable blood alcohol content (BAC) levels set by the FMCSA.5
The public, as well as law enforcement, may tend to think of alcohol intoxication when related to CMV driver impairment. And it is true that alcohol-impaired CMV driving has been a significant problem in the trucking industry in the United States, and numerous steps have been taken to address the problem. This includes a more stringent impairment standard for alcohol impairment for CMV drivers than other drivers. A CMV driver with a blood alcohol concentration of 0.04 or higher is considered impaired. However, just like passenger vehicle crash problems, there appears to be a growing number of CMV crashes involving drivers impaired by drugs other than alcohol or in combination with alcohol. The use of drugs with impairment potential and psychoactive over-the-counter substances is also a serious concern.
However, research on the exact extent of drug-impaired CMV drivers is limited, and data are often difficult to obtain, much like passenger vehicle drugged driving crash data. One study indicated that 17 percent of CMV drivers were reported as having used over-the-counter drugs prior to a crash.6
Fatigue is also a dangerous factor in CMV crashes. Some estimates indicate that perhaps up to 13 percent of CMV crashes involved driver fatigue.7 The U.S. federal government has established specific regulations regarding the length of time a person can drive a CMV at one stretch. CMV drivers are required to keep records of how many hours they have driven each day and each week. These regulations also delineate how much time a driver must be off the road between trips. Unfortunately, some CMV drivers and trucking companies circumvent these rules and regulations to the detriment of roadway safety. Combining drug use with fatigue can also have devastating consequences.
A tragic example of this occurred in May 2016, when a California Highway Patrol officer was hit by a FedEx truck while trying to clear the roadway of two passenger vehicles involved in a hit-and-run crash near Sacramento, California.8 Officers at the scene had activated their overhead patrol vehicle emergency lights and were attempting to move the vehicles onto the highway shoulder when one of the officers was hit by the tractor-trailer, propelling him into a concrete bridge rail and causing life-threatening injuries. The CMV driver was suspected of being under the influence of drugs and a drug recognition expert (DRE) conducted a drug influence evaluation as part of the investigation. The evaluation resulted in an opinion by the DRE that the driver was impaired by a central nervous system (CNS) stimulant. The driver was also charged with Possession of Controlled Substance and admitted to investigators that he had “dozed off” numerous times just prior to the crash.
Another catastrophic example of a CMV crash with deadly consequences occurred in June 2016 on I-75 near Chattanooga, Tennessee. At approximately 6:00 p.m., a tractor-trailer combination collided with multiple vehicles that had slowed down in a construction zone. The chain-reaction crash resulted in the deaths of six people, including two children trapped inside a burning vehicle. Investigators worked for multiple hours to try and determine the cause of the crash. The initial investigation revealed the CMV driver did not brake prior to colliding with the slowed vehicles. Evidence led investigators to request a DRE to examine the CMV driver. A DRE from a nearby police department responded to the scene and determined that a drug evaluation was warranted. The evaluation by the DRE resulted in an opinion that the driver was under the influence of a CNS depressant and a CNS stimulant. A blood sample obtained from the driver at the completion of the evaluation revealed the presence of alprazolam (Xanax) and methamphetamine. The driver was subsequently charged with six counts of vehicular homicide and driving under the influence of drugs. The case progressed through the court system and culminated in a trial in 2018. In the initial pre-trial hearings, the DRE’s testimony was challenged, along with his opinion of impairment. However, after several attempts to suppress the DRE’s testimony, the court ruled to allow the testimony, which proved vital in the state’s case. The DRE’s testimony, combined with other evidence, resulted in a conviction on six counts of vehicular homicide and driving under the influence of drugs, and the CMV driver was sentenced to 83 years in prison.9
These cases, along with others across the United States, demonstrate the value of having DRE-trained officers involved in major CMV crash investigations and in CMV enforcement operations. Not only do DRE-trained officers assist in determining if drug or alcohol impairment is present, they can also assist in determining impairment related to other issues, such as medical complications and fatigue.
An example of this recently occurred in Nebraska, where a newly trained DRE was dispatched to investigate a truck driver taking a semi-truck that had not been reported stolen, but the trucking company wanted returned. The company dispatcher reported that the driver had slurred speech and was traveling well under the posted speed limit on the interstate. The DRE officer located the vehicle stopped on a service road parked partially in a traffic lane. The driver was found to have slurred speech and unstable balance. In addition, the driver was confused and disoriented, thinking he was in Dallas, Texas, on his way to Louisiana, which was approximately 400 miles from his actual location. No indicators of alcohol or drug use were observed by the DRE, but roadside examinations of the driver resulted in a request for medical assistance. The driver was subsequently transported to a local hospital where it was determined he was having a stroke. The attending physician later advised the DRE that had the driver been arrested or left unattended at the roadside, it was likely he would not have survived his medical condition.10
Combating CMV Impaired Driving
As more states and law enforcement agencies train officers to be DREs who specialize in detecting drug impairment, these officers will continue to have an important role in identifying fatigued or medically impaired drivers, in addition to drug-impaired drivers. Many DREs have taken their training and expertise to another level by not only being involved in CMV impaired driving enforcement operations, but by also imparting their knowledge and training to other police officers and CMV enforcement personnel. This includes state and federal truck inspectors who have daily contact with CMV drivers through their work at port of entries, weigh stations, and other related activities. Numerous states, including Arizona, California, Florida, Georgia, Idaho, Kansas, Kentucky, Minnesota, Montana, Oregon, Tennessee, Washington, and Wyoming, have initiated DRE-assisted specialized training or enforcement partnerships with truck inspectors and weighmasters to assist these officials in identifying potentially impaired or fatigued drivers.
Some excellent examples include Operation Trucker Check in the Pacific Northwest and a CMV enforcement partnership in Georgia.
Operation Trucker Check (OTC)
In Oregon, Idaho, and Washington, state police have worked with local state CMV inspectors and port of entry enforcement personnel in conducting inspections of CMVs and their drivers with the assistance of DREs. In these special programs, called Operation Trucker Check (OTC), CMV operators are screened by DREs for fatigue and possible alcohol or drug impairment as they enter the port of entry or weigh stations. DREs focus their efforts on the driver’s condition, while the truck inspectors direct their attention on the vehicles and any possible equipment and driving-related violations.
Oregon began conducting OTC activities after an increase in CMV crashes occurred along Interstate 5 in the southern part of the state. In a number of those crashes, drug impairment was suspected, and numerous drivers tested positive for drugs during investigation. In all, 18 OTC operations have been conducted in various locations throughout Oregon, with the most recent held in August 2018. That OTC operation resulted in 136 CMV inspections in a 42-hour around-the-clock period. Of those, 32 CMVs were placed out of service with various violations. Additionally, 24 CMV drivers were placed out of service with a total of 32 violations. Of the CMV drivers contacted by DREs, four were determined to be impaired by drugs and charged with driving under the influence of controlled substances.11
Georgia: Operation Overloaded
In Georgia, DREs do something similar to OTC by partnering with CMV enforcement inspectors to screen drivers for impairment. Operation Overloaded was held during an 18-month period using CMV enforcement officers and DREs. In all, six operations were held at weigh stations along Georgia’s interstates. Using anywhere from 10 to 18 DREs, along with 10 to 25 CMV officers, these operations each resulted in an average of 8 to 10 impaired driving arrests. These operations were conducted once per quarter and utilized the strengths that each officer brought to the work team. The CMV officer initiated the contact and began a safety inspection of the truck, while the DRE interviewed the driver and conducted an impaired driving investigation when appropriate. One operation was conducted solely within daytime hours and identified two impaired driving drivers. The remaining were initiated in the evening hours with much greater results. The timing of five of these operations occurred outside of the normal weigh station hours and allowed officers to contact CMV drivers they otherwise might not have encountered. Further, the concerns of getting caught spread among the CMV operators when an operation commenced. Reports of CMVs parked on exit ramps and in rest areas leading up to the weigh station increased dramatically when word spread of the operations.12
During these operations, each team member learned more about the enforcement role of the other. DREs became more familiar with the CMV regulations and the appropriate enforcement action to be taken, while the CMV officers learned, often firsthand, the effects of impairing drugs in drivers and the role of a DRE.
Raising Awareness and Providing Training
Raising awareness of impaired driving involving CMV operators and CMV-related crashes is important. Efforts are needed to improve the ability of police officers and CMV inspectors to identify alcohol and drug impairment.
Not all police officers are aware that employers are responsible for drug and alcohol testing and must screen CMV drivers for drugs and alcohol before the driver is hired.13 Plus, many officers might not be fully aware that CMV rules apply to local vehicles in their cities such as mid-sized delivery trucks, sanitation vehicles, construction-related vehicles, and some public transportation vehicles. Employers must conduct random testing of employees, based upon a percentage of the average number of driving positions in a given company, and must also conduct testing after crashes that resulted in a human fatality, bodily injury with medical attention administered away from the scene of the crash, or damage that required a tow to any vehicle involved.14 Moreover, drivers are not permitted to operate a CMV with an alcohol concentration of 0.04 or more and may not consume alcohol within four hours of reporting to duty. In addition, CMV drivers may not refuse to submit to authorized testing for alcohol or controlled substances and may not report for or remain on duty when using Schedule I drugs or certain other drugs.15
The National Traffic Law Center (NTLC) within the National District Attorneys Association has taken a major role in educating police officers and others in CMV safety issues. In June 2018, the NTLC conducted its fifth regional Commercial Driver’s License (CDL) Safety Course entitled, “Commercial Motor Vehicle Violations: Enforcement, Prosecution, and Reporting.” The course, held in Los Angeles, California, included a session dealing with driver impairment. Presenters included NTLC staff and a Los Angeles Police Department DRE instructor. The driver impairment portion of the training provided valuable information on how DREs can be utilized at weigh stations and ports of entry to help identify impaired CMV drivers.16 Additional information regarding future regional CMV and CDL training can be obtained at the NTLC website.
The International Association of Chiefs of Police (IACP) continues to assist DRE state coordinators and law enforcement agencies in promoting the use of DRE trained officers in CMV enforcement and crash investigation efforts. In addition, the IACP strongly promotes Advanced Roadside Impaired Driving Enforcement (ARIDE) training to include CMV enforcement personnel who, through their work, may encounter impaired or fatigued CMV operators. ARIDE-trained personnel are encouraged to use their roadside skills and observations to determine if probable cause exists for driving under the influence of drugs charges and, if so, to utilize a DRE in completing the investigation.
Additional information regarding ARIDE and DRE training can be accessed at the IACP Drug Evaluation and Classification Program website at www.decp.org. d
Notes:
1 Federal Motor Carrier Safety Administration (FMCSA) Analysis Division, Large Truck and Bus Crash Facts 2016, May 2018.
2 National Highway Traffic Safety Administration, “2017 Fatal Motor Vehicle Crashes,” Traffic Safety Facts Research Note, October 2018.
3 American Trucking Associations, “Reports, Trends & Statistics.”
4 Edmarlon Girotto et al., “Psychoactive Substance Use by Truck Drivers: A Systematic Review,” Occupational Health and Environmental Medicine 71, no. 1 (January 2014): 1.
5 FMSCA, The Large Truck Crash Causation Study–Analysis Brief, July 2007, Table 2.
6 FMSCA, The Large Truck Crash Causation Study–Analysis Brief.
7 FMSCA, The Large Truck Crash Causation Study–Analysis Brief.
8 Jessica Hice, “Sacramento CHP Officer Injured after Crash ID’d as 18-year Veteran,” The Sacramento Bee, May 8, 2016.
9 Brian Hickman (chief of police, DRE, Collegedale Police Department, TN), interview, August 14, 2018.
10 Nebraska DRE State Coordinator, interview, October 5, 2018.
11 Oregon State Police DRE Program, Operation Trucker Check Final Report, August 2018.
12 Ed Weaver (Georgia Department of Transportation), interview, January 15, 2019.
13 49 CFR 382.301(a) (2017). Exceptions to this requirement are for persons in a drug testing program or persons who have been tested in the recent past. 49 CFR 382.301(b) (2017).
14 49 CFR 382.205 and 49 CFR 382.303 (2017).
15 49 CFR 382 Subpart B, regulations 382.201 to 382.217 and 21 U.S.C. § 812 (2017).
16 Romana Lavalas, “National Traffic Law Center’s 2018 Commercial Motor Vehicle Violations Conference,” Between the Lines 26, no. 4 (October 2018): 8–10.
Please cite as
Chuck Hayes, Kyle Clark, and Jim Maisano, “Combating Impaired Big-Rig Drivers on the Roads: Utilizing Drug Recognition Experts in Commercial Motor Vehicle Operations,” Police Chief online, February 20, 2019.
