Is my career done?

Call Bill Handle he has a morning talk show in LA.I think it is on 590AM.He is a lawyer and his show is called Handle on the law.Google his name for his website.

 

You most definitely need to speak to an attorney. There are some really good ones on the OOIDA website. One thing I would question is whether or not you are employed if it was a DOT random that the company asked you to take then yes you should have taken it. If it was a company random then no you do not have to take it. Do you see the difference? My cousin was working for a company when they had a random DOT breathilyzer which was given on the company premises by an employee but it was for DOT. Needless to say he failed and is done driving, but that really doesn't pertain to your situation. You definitely need an attorney not random advice from us dumb dumbs! Good luck! This is the kind of crap that mega-carriers pull. I hope all you newbies that are reading this can see why we try to steer you away from the big 5! This is a perfect example. This poor guys career is now in the fryer!

 

The original poster was no longer working for the company when they stated he refused the drug test.

 

That was my point! Whether you are working or not if you have a class A CDL you are subject to random DOT tests at any time. You do not have to be working for a company. If you are an O/O you can be randomly tested too. There is also a very fine line as to what he considered not working for the company anymore. Were there papers signed stating he no longer worked for the company? Rockrollnik, I really have no clue as to which way this could go I was merely putting some of the scattered info in my brain out on the table! lol What do you think?

 

WHAT????
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I looked all through the FMCSA and I can not find this! Just because you have a CDL in your pocket does NOT mean that some jerk can say go take a random test and you have to or you'll get some stupid refusal to comply! ONLY, if you are working as a driver can you be told to go for a random. If you're on vacation and driving to BFE and Mr. Police Officer stops you and wants to give you a random pee test tell him to stuff it that you'll take a roadside sobriety test and that's all he can do unless you reek of pot and then its marginal for them to go to that length!

As I can't find this 'rule' you're talking about PLEASE put the FMCSA rule number in here so we can all look at stupidly at it's best!

If you are NOT working in the capacity as a CDL truck driver because you want to be at home or there is no driving job you want to do, no one can tell you to go take a random! Do you really think that the gooberment is going to pay for this test on "just because they can" crapola? BUT the company that you are working for like AMCE Roadrunner Traps INC can test any employee that they want! The same as Booger King and Mickey D's!

ALL O/O's have to be a part of a group that does drug testing. It's in the FNCSA! If he receives a notice from this group yes he has to comply. We all know this.

EXCEPT for Presidents, politicians, law enforcement officers and others that have a really strong union or are above the law!

Diesel Bear are you there? Can you cue us in to what he's trying to say here?

As for the OP. Call OOIDA for a good lawyer in your area or look for a good employment lawyer.

As for me! I'm medically disabled from driving for now but if some cop told me "you have a CDL and I want you to go take a random" The only thing out of my mouth will be, do you see "I'M STUPID" tattooed on my forehead!

 

Hey Chompi I wasn't hacking on ya I gathered from his op that he had turned in the keys yada yada. He definitely needs a lawyer and should report them to the state labor board as was suggested earlier. I wish him luck it's gonna be a fight. For sure

 

http://truckersjustice.com

 

Like I said, I am fuzzy on it! My cousin got busted though on a DOT random at his company, not a company random from insurance! That is why I posted this. Point being, this guy needs a lawyer, NOT US! Thanks for the input though guys.

 

The best Lawyer in the country for your problem, give him a call. You can learn more in 5 minutes than you will ever learn on trucking fourm.

 

On page 1-12 of the North Carolina Commercial Drivers Manual v2 under heading 1.9: Other Safety Act Rules, bullet point 9;

"Anyone that holds a commercial driver license automatically agrees to chemical analysis. Consent is implied by driving a commercial motor vehicle on the streets and highways of North Carolina. A commercial driver will be suspended and CDL disqualified for one year if he/she willfully refuses a chemical analysis."


I got off the road prior to the CDL mandate of April 1st 1992 because of the above mandate. As it was explained to me by NC DMV, NC SHP and various motor carrier group officials at the time, ANY law enforcement representative could, without provocation, stop you and require an "analysis" (urine test as a rule then) on the side of the road. I was baffled, how can someone that may or may not be certified to administer a test of this nature do it outside of a laboratory setting? Even if you question that training is not needed to administer or that contaminates that would influence the test are not likely to effect the outcome due to a non laboratory environment, it ain't very sanitary and sure as heck imposes on my personal rights and modesty.

These conversations usually went on to scrutinize the wording "Consent is implied by driving a commercial motor vehicle on the streets and highways of North Carolina." The argument being that it does not say "At the time of the request", and that the wording could easily be interpreted to mean that by having a CDL you will be or have been doing so and therefore consent was implied for anytime, not just during the operation of the vehicle. It was usually thought that a good lawyer could beat it in court, but that doesn't stop an incident from occurring along with all the other hoopla and backlash that would come with such an event. Not to mention that in this day and age people are considered guilty until proven innocent, and most people would simply say or think, "Why refuse unless you have something to hide?"

I was ready to get off the road and spend more time with my family anyway and the above just gave me another reason to do so. I told many people while discussing the issue, "Sure officer, I'll pee in the bottle, you hold it though, OK?"

Now here I am seriously considering getting back on the road, and this still rubs me the wrong way. Not because I'm afraid of not passing any analysis at any time, but because it just ain't right. Pre-employment? Sure. Random at a proper facility by trained personnel? If need be, I suppose I see the point, although I think it violates individual rights and reflects an amount of distrust of the party being tested by those requiring it. Post accident? Absolutely. Just because I hold a specific license issued to me that is required so that I can do my job? And under the circumstances we're discussing? I've got problem with that. Unfortunately there doesn't appear to be a lot I can do about it. And that just seems wrong to me.