suspended cdl

Wow! What a bad deal. Who is the company? And, I don't think a company can suspend your license.

 

You probably won't like this, but ...

You acknowledge that he was told to take a random test. He went to the office and because he couldn't find the safety director he did not go for a test. He should have tracked down whoever could help him not matter who had to be called. Drug & alcohol random tests cannot be ignored, and as far as procedure is concerned he came into the office and left without arranging the test. That is refusal to submit to a drug test. Read the drug and alcohol policy manual that he should have been issued and signed for.

As a motor carrier I am required to immediately inform NC DOT/DMV of any refused or failed tests. The motor carrier does not suspend the license, but the state immediately will. I don't know if OH has the same policy but I suspect they do.

If you want to have any chance to straighten this out GET A LAWYER, and good luck.

 

That's right . Once notified of the test a driver has to go immediately to the test site . The company should have had arrangements for him to be tested . At many terminals you just need to know where to go . The test site will have all the paperwork ready .

 

This should help
http://74.125.47.132/search?q=cache...e+professional+FMCSA&cd=3&hl=en&ct=clnk&gl=us

 

More .
http://cfr.vlex.com/vid/191-refusal-take-dot-test-consequences-19940194
http://cfr.vlex.com/vid/40-285-when-sap-evaluation-required-19940318
http://cfr.vlex.com/source/code-federal-regulations-transportation-1098/page/31

 

This is a bad deal and I hope other new drivers will read this and learn the lesson. Once notified by your company about a random drug/alcohol test. You MUST take it that day asap. Do not pass go, do not go home, do not collect $200. If you can't find the safety director, find some one who can help you get it done. Because if you leave thats the same as getting a pos on the test. Ignorance of the rules will not save you. It is part of your job as a professional driver to know all the rules that apply to you as the driver.

 

Firefly64;
To your husband; First and foremost, ***DOCUMENT EVERYTHING***!!! Write up a memo, stating exactly who you spoke to, exactly what was said, and exactly where and when those conversations took place, to the very best of your ability. Use spell check, and make it look as clean and professional as possible. List only facts, not opinions, and include every relevant detail regarding your attempts to get tested.
If the company called you for a random, they are required to arrange for the test. If you presented yourself for testing as directed, they must direct you where to go for testing. If they refused to provide you a location, you may have grounds to fight this. I would definitely seek out a good lawyer, preferably one who has experience in the trucking industry.
That said, they other comments are correct, stating that you SHOULD NOT have left before getting tested, and if the safety director was not there, you should have demanded that someone, ANYONE provide you with instructions on testing. If this goes to court, that will be the gov'ts position. Yours must be that NOBODY in the company would provide you instructions on where to go to test. If that's actually the case, I'd fight it.
I hope you win. Keep us posted.
--Chuck

 

firefly64: now that happens more times then most realise, now itsn true once you have been told you have to take a blood test you must take the test and have the results before you go on duty again the company should have had some one there to direct you to a place to take the test however as inmost cases there is no one to help you and thhat is normal for a company however you still have to find some way to take the test.

now the company can suspend you from driveing there equipment till you do but they CAN NOT suspend your drivers license that is the states responsibility.

the solution might be a simple phone calltothe company and tell them your more then willing to take the test it wouldnt hurt.

good luck .--southernpriide