DOT Backround Confused

Discussion in 'Questions From New Drivers' started by NewToThis94703, Feb 1, 2020.

  1. Moose1958

    Moose1958 Road Train Member

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    I also want to add another important point about temp services. I have run into this in the past. YOU can NOT legally operate or ALLOW to be operated a CDL required CMV unless you as a driver are in a drug testing consortium OR have a legit wavier. There is no grey area here. Either the temp agency has to administer this or the client must. These rules are clearly spelled out in part 382 and to some degree in Subpart A of part 40. These temp agencies are notorious for not doing this. I have a feeling this is what the OP is having a problem with based on the question. What is so ridiculous about this is this company is just making life hard for themselves as well as the OP. All they have to do is a pre-hire DOT drug test if they can't find any records of previous testing. As I stated, this is a result of how tough the FMCSA can be if they find something's not done right.
     
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  3. G13Tomcat

    G13Tomcat Road Train Member

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    Wasting breath, guys. O/P never did come back; imagine that. One hit wonders. Mods should just delete this b/s, IMHO.

    I learned a LOT at church, @MACK E-6 .. can you tell? They STARTED an early service due to the dang groundhog Pux. SMH.
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    Moose, my last job was at a temp driver agency, you are an employee of that agency, you get paid by them and you have your driver's file with them as if they were just like any other company.

    ALL they need is months, that's it.

    BUT the rub is why does he need a CDL when he isn't going to driver (as implied by the OP). This needs to be clarified first if he ever returns.
     
  5. Moose1958

    Moose1958 Road Train Member

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    I will start with the last part first. I think the OP left a lot out. I would love to know more about what is going on because something don't make sense to me.

    On the temp agencies. Yes, I know you are employed and paid by them. However, once you get that ticket and head off to the job for the rest of that day you are being supervised by the customer. This can create some problems with respect to getting a job in this industry. I'm not saying it will do so, just saying all it takes is somebody strictly following the rules about 391, 382 and part 40 like this company seems to be doing it can be a bit of a PITA. Once more, I understand who is the employer. Remember there is more to this then accounting for job history. I don't respect carriers that do this, but I understand why they do it!
     
  6. Ridgeline

    Ridgeline Road Train Member

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    Yeah I would like to hear what kind of job this is, because it may not be a need for a CDL.

    I understand what you are saying, it does get confusing but doesn't have to be. The first thing is the temp agency is acting as a carrier per se, it has built a driver's file, maintains the required DOT forms and qualifies you as a driver to be allowed behind the wheel of a truck. what I learned from my experience, no matter what you did for the customer, you fall under the DOT regulations which qualifies that time you are at the customer's as working in a dot regulated job. I worked in the foundry of one of the customers for a week or so, it wasn't hard work but it was expensive for them to keep me there. I still was working for the temp agency and they marked it down as driver services.

    So to look at it as ticket by ticket to qualify for a job or a cdl is ... well really stupid. I know the one I worked for would tell who ever is asking to stick it because their customers are contractual and are not to be discussed. They will and have told potential employers months and years and that's it.
     
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