As Many As 500 New York Applicants Passed CDL Examination As a Result of Cheating Scheme

Recently, three individuals pled guilty to charges arising out of a scheme to help applicants cheat on the written portion of their commercial driver’s license (“CDL”) examination.  An investigation by the U.S. Transportation Department’s Office of Inspector General, in conjunction with other federal and state law enforcement agencies, revealed fraudulent CDL test-taking activities at five New York State Department of Motor Vehicles test centers in the New York City area.

According to reports, the scheme involved the use of pencils encoded with test answers, the use of Bluetooth headsets to communicate test answers and the use of an external test-taker positioned nearby to take the exams.

As a result of the scheme, as many as 500 unqualified CDL applicants passed the examination and, presumably, are now on our roadways.

FMCSA Eliminates No-Defect DVIR Rule

Under the Federal Motor Carrier Safety Administration Regulations, commercial truckers are required to conduct pre- and post-trip inspections of their vehicles in order to identify and document safety defects and maintenance concerns.  Previously, truckers were required to complete Driver Vehicle Inspection Reports (“DVIRs”) documenting the results of their inspections.  Trucking companies were required to retain the DVIRs.

As of December 18, 2014, truckers are no longer required to complete DVIRs, if they do not find any problems with their vehicle.  Although eliminating no-defect DVIRs will reduce paperwork costs for the trucking industry, it will come at the expense of safety.  Both the National Transportation Safety Board and the Advocates for Highway and Auto Safety cautioned that eliminating DVIRs will have a negative impact on public safety.

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