Human Trafficking Frequently Asked Questions (FAQS)
Human trafficking is a form of modern day slavery that involves the use of force, fraud, or coercion to obtain labor or a commercial sex act; and the commercial sexual exploitation of children under any circumstancecs. The Federal Motor Carrier Safety Administration (FMCSA) combats human trafficking by working with public and private sector stakeholders to empower transportation emplpyees and the traveling public to recognize and report possible instances of human trafficking.
Below are frequently asked questions on the published final rule.
What is the purpose of this final rule?
The purpose of the Human Trafficking final rule is to revise the list of offenses permanently disqualifying individuals from operating a commercial motor vehicle (CMV) for which a commercial drivers' license or a commercial learner's permit is required. This final rule updates the list of offenses found in Table 1 of 49 CFR 383.51.
Why is FMCSA issuing this rule?
FMCSA is issuing this final rule to implement the "No Human Trafficking on Our Roads Act” (Pub. L. No 115-106), which prohibits an individual from operating a CMV for life if that individual uses a CMV in committing a felony involving a severe form of human trafficking.
How is human trafficking defined?
Paragraph 8 of section 103 of the Trafficking Victims Protection Act of 2000 (Pub. L. No. 106-386) defines “severe forms of trafficking in persons” as —
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Where can I find the disqualification period in the Federal Motor Carrier’s Safety Regulations?
The disqualification will be item 10 in Table 1 of 49 CFR 383.51 – Disqualification of Drivers
For more information on the exact wording of the final rule, please visit the FRN at https://www.fmcsa.dot.gov/regulations/rulemaking/2019-15611.
When does the final rule go into effect?
The final rule goes into effect on September 23, 2019, and allows States three years to fully implement the final rule. This three-year period allows States sufficient time to seek legislation, update their regulations, and make the appropriate information technology changes to apply the lifetime ban.
How long does the State have to come into compliance with this final rule?
A State driver licensing agency (SDLA) must come into compliance with this regulation by September 23, 2022.
How does someone report an incident of human trafficking?
There are various national resources for someone to report an incident of human trafficking, or “Report a Tip”. Below is a list of those:
- In an emergency, call 911.
- Call the National Human Trafficking Hotline at 1-888-373-7888 or text 233733.
- Call the U.S. Department of Homeland Security at 1-866-347-2423 (U.S.) or 1-802-872-6199 (International)
If you have a question that has not been answered within our FAQs, please feel free to submit your questions to the FMCSA Information Line at 1-800-832-5660.
We look forward to hearing from you.