Declaring a state of residency, and acquiring a given state's CDL.

Discussion in 'Questions From New Drivers' started by Songster, Aug 5, 2013.

  1. Songster

    Songster Light Load Member

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    If CDL's are issued by a state and authorized under each state's statute, is there some sort of federal law that says the states must use a standardized test nationwide, and that all states must recognize all CDL's issued by any state, similar to the way a driver's license lets you drive in any state? Do all CDL's look different, mentioning the state in which it was obtained? Does it ever need to be replaced, such as going to a company based in a different state? If so, then of course someone will be collecting a fee for changing it.

    Do trucking companies have paperwork for you to declare a state of residency for tax purposes? What keeps any driver from declaring a no-state-income-tax state as their primary domicile? Are state income taxes withheld from paychecks in states that collect state income tax, whether or not you declared that state as your primary residence? Is a physical address required to declare your residency? What if a driver sells their house, never rents an apartment or even a room in someone's house in order to have an address to put down, living out of motels on their days off? Can they declare any state they want? Do some people rent and use a P.O. Box to put on paperwork?
     
    Last edited: Aug 5, 2013
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  3. Chucktaylor

    Chucktaylor Road Train Member

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    You are required to have a CDL from the state that you declare as residence within 30-90 days (depends on state) of moving there.

    Different states have different requirements to claim residency. I've have lived in 3 states now, and each has required various forms or documents to prove residency at the address provided. Some require a utility bill, or voter registration... check with the local DMV to find out which documents must be provided.

    Some state DMV are hip to the whole PO Box as a address thing whether its a box, or a business that provides boxes with no "box" address. Virginia comes to mind. They allowed a UPS box address for mailing but required a permanent address. The computer rejected any attempt to use the UPS box (it had no box number) as a permanent address. That address was cross referenced as a business and not a dwelling.

    My company currently takes all aplicable state taxes from drivers that live in other states. A few years back, they did not bother and left the responsibility with the drivers. many drivers thought they could get away without filing and got in trouble.

    If your employer does not withhold state taxes, you are still required to report that income from your W-2 to your home state, and will be required to pay those state taxes on your own if you owe.

    You can declare yourself homeless. However, as homeless without a permanate address you are not entitled to claim per diem on your taxes. So it is in your best interest to have some sort of domicle address. Again, each state may have different requirements to declare residency.

    I currently use a family members address in a no income tax state. That particular state required a home utility bill with my name on it to transfer my domicile and CDL. As this could not be provided, I had to have my family member come with me to the DMV with their name on the utility bill and attest that I was a family member and obtaining domicile status at that address. It was pretty easy with both of us having the same last name.

    I could have registered to vote and that would have worked at the DMV, but again, you have to have an domicile residential address to vote, and similar requirements would have been needed at the county registars office to register to vote.

    Once your in, your in. I have "moved" a couple times since within the state, and no furthur evidence is required that I live there.
     
  4. scythe08

    scythe08 Road Train Member

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    This is this issue I am having with texas. I was/am going to move to houston to do their bulk division and I had not planned on having a permanent residence, as I would only be home a few days a month. But Schneider says I have yo have a texas cdl within 30 days and for that I must have a domecile. Then I also have to reapply and retest for my hazmat all over aagain and get a TWIC card.
    Being unemployed since February and losing my house is making getting an apartment impossible
     
  5. Songster

    Songster Light Load Member

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    Now I'm wondering if this whole 'new CDL within 30 days' (plus possible additional testing, depending on the state), means a carrier has to designate an official domicile for each of it's drivers, based on some law that looks at where you drive out of the most. These are the types of things I want to know IN ADVANCE and it's why I'm on this discussion board asking questions, and if I don't ask, I won't know.

    I don't like surprises that cost me time, hassle, or money. I can handle the bull, as long as I understand it and agree to put up with it, for now. Just don't surprise me.

    And how much of those testing/licensing fees are they paying for if the move was forced? Did you have a choice on moving to Houston, TX?
     
  6. Chucktaylor

    Chucktaylor Road Train Member

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    He said it all right there in the first few sentences. He is moving to Houston to do their bulk division.

    Moving to Houston. The job is a Houston job, and home time is expected to be taken in Houston. The guy isn't getting a place because he will only be home a couple days a month...

    Songster, you are over thinking this whole thing. If you take a local or Regional gig, you are gonna be expected to live within that area.

    As an example. My company does not hire guys for our NE Regional Fleet if they don't live there. NE guys make an additional .05/mile. As such they are expected to run the NE. If they were to hire someone like me who lives in the NW for the NE regional fleet, they would have to stop what they are doing every 3-4 weeks and get me a load towards home in the NW for 4 days, then get me a load back to the NE to get me up and running again.

    no one is gonna force you to move, just don't expect to get that job that requires a driver to live in a certain area. There are plenty of OTR jobs that don't care where you live.
     
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  7. Songster

    Songster Light Load Member

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    I got the part about the bulk division. And the part where he doesn't want to rent an apartment. I had no way of knowing if the move was forced, and from the way he sounded, he wasn't too excited about his predicament, which led me to think that maybe, just maybe, he didn't want to go there.

    Someone is making him get a new CDL, new haz mat endorsement, and TWIC card (whatever that is) when he already has it all. I still don't know why, and still don't know who is paying for them. I don't doubt that it has something to do with regulations.
     
    Last edited: Aug 6, 2013
  8. Phil S

    Phil S Light Load Member

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    This really isn't all that complicated but I can see where it can be confusing to someone new to the industry.

    Apparently scythe08 agreed to take a regional run with Schneider out of Houston.

    Schneider requires scythe08 to live in the Houston area.
    Schneider requires scythe08 to have a hazmat endorsement on his CDL.

    The state of Texas requires all new residents to acquire a Texas drivers license, which will most likely require scythe08 to write the appropriate CDL & hazmat tests.

    The odds of Schneider paying for any of this is between slim & none and Slim is working in Tiajuana.

    A TWIC is a Transportation Worker Identification Credential.

    Follow the link for more info: http://www.tsa.gov/stakeholders/transportation-worker-identification-credential-twic®
     
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  9. Ridgeline

    Ridgeline Road Train Member

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    But that was my problem when I was offered a few jobs in Texas, I was told that even if my residence is in Michigan, Texas law requires me to have a residence in Texas and then transfer my CDL to a Texas CDL which actually goes against FMCSA regulations which says Texas has to recognize my Michigan license and my endorsements as the same as Texas. I refused the jobs because of the hassle I would have legally with claiming my residence in Texas so no Texas for me.

    I understand this isn't about where you live, but where you work and from the state, not the companies.
     
  10. Songster

    Songster Light Load Member

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    But you 'work' in multiple states if you travel the region or the country. This is exactly what I'm talking about. There has to be a rule somewhere, a law, that defines where the driver is 'working,' even if it's a law quirky to TX. i.e. wherever you rack up the most miles, or where the company's terminals are.

    Some driver's are saying they can declare a residence in a state totally different from where they drive the most, or where their company is headquartered. Sounds like you'd need a TX lawyer specialist or a high level trucking company manager to explain it. Driver's just do what they're told. They don't know the 'why' behind any of it.
     
  11. glenn71

    glenn71 Medium Load Member

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    I don't have my CDL but I live in TX and I have a po box for the addy on my drivers license. Texas doesn't seem to have a problem with po boxes for addresses.

    Just call up the Texas DMV in Austin. They can fill you in on the particulars. They have an 800 number.
     
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