Possession and Use of Marijuana - Section 392.4 (Long Form Criminal Complaints under 382.107)
| Entry Date | April 12, 2017 |
|---|---|
| Issue Number | 17-024-DRV |
| Name | Tom Catania |
| Agency | Kansas Highway Patrol |
| Address | 700 SW Jackson, Suite 704Topeka, Kansas, 66603United StatesMap It (opens in a new tab) |
| Phone | 785-296-7189 |
| Fax | (785) 296-2858 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Based on 382.107 the FMCSA is not recognizing long form criminal complaints as citations for the purposes of actual knowledge. On three occasions over the past three years, the same driver based out of Kansas was issued 392.4 possession and use of marijuana violations/arrests and the county prosecutor's procedural requirement ask officers to file long form criminal complaints in lieu of issuing a citation roadside. This is done so that testing of bodily fluids and/or drugs can be made and reported to the prosecutor prior to charging. A carrier complaint was filed with the FMCSA and could not proceed because no citation was issued in this case. With the FMCSA not recognizing long form complaints as citations, a motor carrier cannot be charged with actual knowledge reference the 392.4 or 392.5 violations. |
| Justification or Need | Critical need to make all parties equally accountable for drug and alcohol violations. |
| Request for Action | We would request that the FMCSA alter or change regulatory guidance or enforcement guidance and/or regulations to recognize long form complaints as citations issued per 382.107. |