I was working for a private fleet in FL that hired a driver that had a clear MVR when hired . A few months later they leased trucks from Ryder . Ryder's MVR checks showed that driver had his rights suspended in NY . It was from a ticket the driver received 3 years previously . He had paid the ticket but not the reinstatement fee . FL had just received the info from NY and his CDL was suspended until the fee was paid . It wasn't that simple . He called NY DMV and wanted to send the money by Western Union . He had to go through all kinds of red tape . It took a couple of weeks .
To answer your question , if Florida was aware of his Virginia suspension his CDL would be suspended . As long as his CDL is valid I don't see how you could put him OOS
Another Test:
Discussion in 'Trucking Industry Regulations' started by dieselbear, Mar 3, 2009.
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When a person moves from the address that the provided to the DMV, they are obligated by law to notify the DMV of their address change. State DMVs are required to send notice of any status changes to the address they have for that person. The mail is prohibited to forward those notices. In other words if you file a change of address with the post office, the post office can not use that to forward that type of mail.
So in the scenario, Virginia sent notice of the suspension to the driver's address they had on file. The driver for what ever reason did not notify Virginia of the address change. Basically the driver violated the law, for failing to provide the change of address, so he could receive notice of the change of his status.
I think that he should be placed OOS, and cited. His license is suspended, period. Matters not where in the good ol' USA the driver is. A CDL is a national license, not a State license. -
Since Florida, Virginia, and Delaware are all compact states, I'd say you can cite and place the driver out of service.
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The answer is yes you can. The driver is from Florida and Virginia supended the driving privilege in Virginia thus disqualifying the driver from interstate operations.dieselbear Thanks this.
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Actually we do put them OOS for this. Here's the interpretations that deal with 391.15:
Question 3: Is a driver holding a valid drivers license from his or her home State but whose privilege to drive in another State has been suspended or revoked, disqualified from driving by §391.15(b)?
Guidance: Yes, the driver would be disqualified from interstate operations until his privileges are restored by the authority that suspended or revoked them, provided the suspension resulted from a driving violation. It is immaterial that he holds a valid license from another State. All licensing actions should be accomplished through the CDLIS or the controlling interstate compact.
Question 10: Is a driver who possesses a valid commercial drivers license (CDL) issued by their State of residence, but who is suspended by another State for reasons unrelated to the violation of a motor vehicle traffic control law, disqualified from operating a commercial motor vehicle (CMV) in accordance with provisions of the Federal Motor Carrier Safety Regulations?
Guidance: Yes. Currently, both section 383.5, which defines the term disqualification as it applies to drivers required to have a CDL, and section 391.15, which applies to other CMV drivers subject to Federal Motor Carrier Safety Regulations, include the suspension of a persons license or privilege to drive as an action requiring that person to be disqualified from operating a CMV. Neither of these regulatory provisions limit such suspensions to those imposed by the State where the driver is licensed, nor do these regulations specify the grounds upon which a suspension must be based.
From the OOS Criteria:
DRIVER DISQUALIFICATIONDriver disqualified. (CDL - 383.51(a)(1) or Non-CDL - 391.15(a)) Declare driver out-ofservice
until re-qualification is established.
Here's the definition from 383.5 about disqualifications:
Disqualification means any of the following three actions: (1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance.(2) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).(3) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter.
So in a nutshell, it does not matter what a driver is suspended for, a driving violation, FTA, fail to pay fines, child support etc. If a State/jurisdiction suspends, revokes a driver's license they are disqualified to operate a CMV in interstate commerce.
RickG Thanks this. -
I believe almost all State's are compact State's now. I know my State has reciprocity with 48 State's.SMBdriver Thanks this.
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