Ohio 18 year old intrastate driver

Discussion in 'Trucking Industry Regulations' started by LTL Bull, Dec 9, 2020.

  1. LTL Bull

    LTL Bull Road Train Member

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    Can a licensed intrastate CDL A holder under the age of 21 transport a trailer with an interstate shipment to a drop lot near the border of his home state and swap with an interstate driver bringing a load or empty back in to the intrastate drivers home state. My curiosity is specifically about Ohio. Or does an intrastate under 21 year old have to originate and terminate in his home state?
     
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  3. brian991219

    brian991219 Road Train Member

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    No, under 21 can not engage in any part of an interstate shipment even the part that is wholly within one state or the final delivery from the breakbulk/warehouse to the reciever.



    It sucks, is unfair and a outdated regulation that needs to be changed but too many folks oppose young drivers trying to make something of themselves yet seem to forget that many of them, myself included, were driving trucks long before we were 21. The opposition to under 21 year old interstate drivers is caught up on the small portion that would run long haul OTR that they ignore the vast majority that would work in vocational, local or perhaps regional operations.
     
  4. pavrom

    pavrom Road Train Member

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    Even if you over 21 - cant touch interstate load if you have intrastate dl ...ask me how i know it :)
     
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  5. jamespmack

    jamespmack Road Train Member

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    Driver under 21 can not cross state line in Ohio.
     
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  6. LTL Bull

    LTL Bull Road Train Member

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    Ok, so that confirms what I’ve always understood, but here’s a twist. What if the 18-20 year old is moving an interstate shipment as a trainee with an appropriately licensed CDL interstate driver? Still precluded from moving it as a trainee? Within state limits of course.
     
  7. brian991219

    brian991219 Road Train Member

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    Still precluded, see this guidance from the FMCSA.
    Question 5: May a motor carrier lawfully permit a person not yet qualified as a driver in accordance with §391.11 to operate a vehicle in interstate commerce for the purpose of attending a training and indoctrination course in the operation of that specific vehicle?

    Guidance:

    No. If the trip is in interstate commerce, the driver must be fully qualified to operate a CMV.

    By fully qualified that includes age and hazmat endorsement. Can't train on a permit if hauling placard required loads and cannot train under 21 year olds on interstate commerce loads. 391.11 (b)(1) is literally the first qualification-at least 21 years old
     
  8. LTL Bull

    LTL Bull Road Train Member

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    Right. But here’s what I ran into. Trainer had an actual trainee, not mega carrier definition but an actual learners permit. I questioned it as I saw the guidance you cited. Driver said that that guidance is not relevant to their situation as trainee is qualified to drive CMV in Ohio and that that qualification to drive is dependent on the presence of a qualified driver in the seat next to him. Since he was qualified interstate, the restriction on the age is not relevant within the borders of Ohio as they were conducting actual training on operation not transporting to or from training/ indoctrination. Seemed truncated to me. I’m not arguing for or against, just trying to understand his explanation.

    the wording, as usual is confusing and doesn’t really apply to the situation I encountered;

    to operate a vehicle in interstate commerce for the purpose of attending a training andindoctrination course in the operation of that specific vehicle?
     
  9. ZVar

    ZVar Road Train Member

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    His explanation was pure b.s. and as such there is nothing to understand. He was simply trying to find a way around the laws and like most people trying to excuse their lawbreaking he had to come up with something no court in the world would go with.
    It's simple really. The CLP holder is driving on his license, not the full CDL's holder license.
     
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  10. brian991219

    brian991219 Road Train Member

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    Sadly that trainer was mistaken. The whole concept of interstate commerce and the FMCSA regulations applying to the part of the trip that never leaves a state confuses many people. By his logic his hazardous material endorsement would also qualify the learner permit student to haul a placarded load, after all he is a fully qualified driver and they are really operating on his license.

    Also the FMCSA guidance uses the word "attending" to me being in the course, actively driving the vehicle to learn how to operate it.
     
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