Getting a CDL in one state but living in another? Time sensitive

I can see the company being paranoid, think about the Walmart crash a few years back where the driver was based at a terminal some 800 miles from his home and was allowed to commute in for the start of his work week without taking a 10 hour break before getting in the truck to drive. Driver was technically legal within the hours of service rules when he fell asleep and caused the fatal crash.

Given how LTL jobs work and the tight scheduling they may be holding drivers to living within a certain distance of the terminal as a way of shifting liability so they can say, hey Joe Driver told us he lived local, even had a local Ohio CDL, how were we to know he drove in from WV and was tired when he had the wreck?

Legally your CDL must be in the state you claim as home, so getting an Ohio CDL and keeping it when your legal permanent residence is in WV is a bad idea. Especially now that you know you can use your WV permit to train and test in Ohio (your company should be able to give a certificate to satisfy the BMV once you compete training and are ready for the skills exam), there really is no valid reason to have an Ohio CDL other than to satisfy some ridiculous company policy on state of residency to work at that specific barn.

 

The address on your drivers license is the most important items that determine your domicile.
You can have a residence in a dozen locations, but only one domicile. A domicile is the legal definition used to determine a lot of things, where you pay your income taxes, where you vote, many others.
And with recent requirements that all drivers license applicants prove their identity, citizenship status, and domicile, for you to comply with this employers request is probably illegal. Here is the regulation.

REAL ID

Here is what Ohio requires to issue a DL in their state:

As outlined in the Acceptable Documents List - Compliant DL-ID Card, applicants must provide proof of:

1. Full legal name
2. Date of birth
3. Legal presence in the US
4. *Social Security number (SSN) - Form BMV-5745 may be used to prove the applicant's SSN only if the applicant has previously established their SSN with the BMV. This form is also available at Deputy Registrar agencies to be filled out at the time of the transaction.
5. Ohio street address – TWO documents, from different sources, proving Ohio street address that are listed on the Acceptable Document List are required for proof of Ohio residency.

 

In a nutshell, if you get an Ohio CDL, your WV CDL will be canceled. Ohio will notify West Virginia. I don't know if this is a federal thing, but you can't have a driver's license in more than one state. There MAY be an exception in a certain state or two, if it IS a state issue. I just went through this. I had to get a CDL in Colorado because the company I was going to apply to didn't hire out of South Florida. I used my sister's address. Florida was notified and my license there was canceled. Now of course, I actually DID move. I'm in Nevada now. So in a week or two I will get my Nevada license and my Colorado one will be canceled. Nevada is making me take the hazmat written test again. As did Colorado. And I will probably have to go through federal clearance again, even though I have a TWIC card.

 

In general, the state you pay taxes to is going to be considered your state of domicile. Here is part of the applicable guidance from the FMCSA ;
___________________________________________________________________________________
Table 1 to § 383.71 - List of Acceptable Proofs of Citizenship or Lawful Permanent Residency

Status Proof of status
U.S. Citizen • Valid, unexpired U.S. Passport.
• Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth, Puerto Rico, the Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands.
• Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State.
• Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS).
• Certificate of Citizenship issued by DHS.
Lawful Permanent Resident • Valid, unexpired Permanent Resident Card, issued by USCIS or INS.
(10) The person must provide proof that the State to which application is made is his/her State of domicile, as the term is defined in § 383.5. Acceptable proof of domicile is a document with the person's name and residential address within the State, such as a government issued tax form.
___________________________________________________________________________________

When it comes down to it - the primary thing they are likely to look at to determine your TRUE state of residency/domicile is just that -- which state do you claim for tax purposes. That is the state your CDL needs to be issued by.

Hope that helps.

 

I seem to recall certain large starter companies driving their students to their home states to get their CDL tests upon completion of the company's truck driving school program in a different state.

 

Greetings Moutaineer8941,

1998, Goodlettsville, Tennessee, Truck Driver Training School.
Had a Class C License from NC.
Before Schooling done, had a TN Class A. Used the Lodging address.
Went home, transferred to NC.

Have Driven for a few Out Of State Trucking Companies and was NEVER required to change my Residence Address.
I've never heard of such, and I've "heard" some weird stuff in Trucking, so I got nuttin' honey.

Do What You Need To Do To Do What You Need To Do!!
CHEERS!!