Swift Academy Licenses Suspended

"wjf1957", if you responded to DMV by the deadline date on the letter AND, it may be possible for your regional state DMV office (NOT a county bureau office) to "lift" the suspension pending the outcome of the road test. This is what they did for me.

I do not know if it works that way for later responders, but if they can do that for you, it will let you drive at least until your road test.

I went to the state DMV office in person. Since I couldn't work, I had the time. I think that going in person helps becuse it makes it easier for you to ask questions while you're there as opposed to a phone conversation. If you go there in person, and I think you should - then please, (I KNOW THIS PART IS GONNA BE HARD) - please TRY being COURTEOUS with the peope you speak with.

Most of the people I've spoke with say the drivers they've dealt with so far have been rude, belligerent, and used foul language. No one is saying you should kiss anyone's ##### but at the same time, the people you will need to talk to on the local level did not personally suspend your license, they just happen to work at the place that did do it. Poor behavior makes these workers not want to help us, and while we have every right to be p***** off, being rude to the girl behind the counter won't give her any incentive to schedule your road test any quicker.

Legal action does need to be brought. If you're referencing Swift, then a class action suit needs to be brought. You and your co-graduates need to contact the FTC (www.ftc.gov) and the state Attorney General's office (www.oag.state.ny.us) and file complaints against Swift.

Legal action possibly may need to be brought against state and/or federal agencies.

We all need an attorney to represent us, but I'm not yet best sure how we can make that happen. I intend to contact the local Bar Association, and other are encouraged to do the same.

 

"TruckrsWife", I'm also curious about why ATF was there.

To All: I was able to get some things accomplished today, one being that I spoke with an administrator at the Academy who esentially confirmed the "third-party-examiner" and the "TDoS employee" issues as the ones being the subject of the DMV investigation. The residency issue was not cited as one of great interest.

FMCSA did not return my calls (go figure).

I was able to possibly get something changed for the New York drivers - but until I get confirmation, I don't want to say yet what exactly that was. It will help.

Sorry guys, but it's late and I gotta go to bed. More details to follow tomorrow.

 

"wjf1957", as long as your suspension has been "lifted", however temporarily that may be, that means you have ALL of your commercial driving privileges restored, pending the outcome of the road test, and your employer should allow you to drive. While I cannot convince your employer of that, perhaps your regional state DMV office staff may be able to assist you with that.

My contact at the Academy informed me that when Tennessee notified the states that there may have been impropriety in the licensing process in Memphis and Millington, that the suggestion was raised that the states should likely consider re-licensing only those drivers with CDLs who had doubles/triples endorsements, HazMat endorsements, or who've been involved in an accident.

It seems that each state at this point has some latitude in deciding how best to handle the affected drivers. My contact at NYS DMV indicated to me that, from a liability perspective, they felt it necessary to re-examine all the affected drivers. This may be why all 313 drivers with New York licenses identified as originally having been licensed in Memphis / Millington had their commercial driving privileges suspended, and why perhaps similarly licensed drivers in other states have not had to complete the re-licensing process.

Now, for the BIG news, at least for NEW YORK drivers:

My contact at NYS DMV confirmed this afternoon that, effective TOMORROW, Wednesday, January 14, 2009, all New York drivers who've FAILED the road test thus far will see their commercial driving privilege REVOCATION changed to a SUSPENSION. This applies also to drivers who have yet to complete their road test. It is my understanding that communication relative to this change should be mailed out to the 313 affected New York drivers this week.

This means that, once this change updates in the NYS DMV computer(s), all those affected drivers who've FAILED the road test will IMMEDIATELY have the ability to re-apply for a learner's permit AND schedue a road test, as opposed to the previous requirement, which removed that ability for thirty (30) days.

THAT BEING SAID, I've also been informed that there is a possibility that DMV may not be able to institute the change before the computer(s) update overnight, and that could mean affected drivers might not be able to apply for a learner's permit and schedule a road test until Thursday morning. CHECK with your regional DMV office before driving out to your county motor vehicle bureau tomorrow in case there is a delay.

THIS REVERSAL OF DMV POLICY IS A VICTORY FOR NEW YORK DRIVERS LICENSED THROUGH SWIFT MILLINGTON! It will enable drivers who've FAILED the road test the opportunity to get back on road much sooner that what previously was permitted.

I can count no less that a dozen people, working behind the scenes here across the state, who helped acheive this change. Now, I know that most of you out there won't see this as a big deal, but for drivers like me, this could help me get back to driving by next week, and help me KEEP MY JOB! Getting a state agency to reverse policy is no easy task, and I've had the help of A LOT of amazing people outside AND inside the DMV to effect this change.

THIS IS WHY I'VE ASKED ALL AFFECTED DRIVERS TO SHOW A MODICUM OF COURTESY WHEN DEALING WITH YOUR DMV OFFICE. Most of the people I've come in contact with to date have shown genuine concern for we affected drivers, and it is through their combined efforts that we were granted this small victory. I'd like to name names, but Forum rules prohibit me from naming people who, at the very least, aren't publicly known. But I'm sure that if all the letters and phone calls I've made were just angry rants, that we would not have been able to achieve even this small victory.

Also - and this is VERY important for those of you who have yet to take the road test: Go to your local DMV office and get the CDL manual. This will help you prepare for the road test. STUDY before the test, ESPECIALLY the part(s) of the book as they relate to the PRE-TRIP, skills and road test. In New York, a "sample" road test exam form is included in the back of the book. THIS IS WHAT THE EXAMINER IS GOING TO SCORE YOU ON. READ over the test form, and if you can, PRACTICE the road test, especially the pre-trip portion, with someone else who can "score" you ahead of time. If you PASS the road test on your first attempt, then your suspension will be lifted and you won't find yourself in the shoes that I'm now in.

In New York, the INITIAL fees for taking the written and road tests are waived. However, should you fail the road test, you will be subject to the usual fees for SUSBSEQUENT permit applications and road test scheduling. (I would think this also applies if you fail the written test, but I don't know I passed that part.)

IN OTHER NEWS:

To their credit, FMCSA did return my calls today, but between work and other phone calls, I was not able to speak with them. At this point, most of my questions have been answered - especially the question about if there were 5,000 affected drivers, why has there been no outcry - so - if any of you out there have questions that I can direct to FMCSA, ask them on the forum and I will try to get answers out to you.

Finally, "wjf1957", when is your road test scheduled for? Will your employer let you use a company truck? Again, if you've had the initial suspension "lifted" by passing the written test, then all your driving credentials are temporarily restored, which would allow you to drive to the test site yourself (although I'm told that you still need to bring another, fully licensed driver with the appropriate commercial driving privileges with you).

It's been a long day!

Time to head in the bunk for now,
Tony

 

"panicrooster", at this poiny my best advice to you is to do whatever you can to get a tractor-trailer to use for the road test by that date. Start networking, you may have a friend who knows someone like an owner/op who may be willing to help out a fellow driver in need.

Tractor/trailers can also be rented - I'm sure they are not cheap, I have no idea how much that could cost though - and if Virginia is like New York, you may be required to bring an appropriately licensed CDL holder with you as well. Check with your local DMV office to be sure.

It's possible that, should you be forced to amend your license to a "regular" driver's license, that a prospective employer might let you use one of their trucks to enable you to pass the road test as a condition of employment - essentially forcing you to sign a contract - but that would be another option.

The bottom line is this: It is going to be MUCH easier (in my opinion) to do what you can NOW to RETAIN your CDL, RATHER than trying to GET IT BACK later. I know it doesn't sound easy, but I think that is your best bet.

Also, may I ask, do you have to have a DOT number for the F450 you drive? And, if so, what prohibits you from using that in the road test? I would think that would be permitted.

 

Oh sorry I forgot you mentioned you had been laid off from that job.