Driving a truck with suspended license?

Wow.. no one will eat that " I didn't know" in such a small space.
.

 

Better pull that dac

 

I can give you my opinion, but that is all it is.

I believe the insurance companies are notified, and they in turn notify the company. BUT there are always cracks in the system, and I'm betting that some of these notifications never make it out of the DMV.

I believe the law reads "knowingly allow someone to drive whose driving privileges have been denied, suspended or revoked."

This is where the company's nightmare really begins. The lawyers will go after the "deep pockets," which means the company and the company's insurance carrier.

Keep in mind that ANYONE can sue ANYONE else for ANYTHING. If you don't like the way I comb my hair, (assuming of course, that I HAD any hair,) you could sue me. Who knows what the court and jury would find?
Again, just my opinion, but I would think if the DAC reflects badly on the clean co-driver, that he could fight it and get it removed from his record.
I can understand the company (and their insurance company,) taking the position that both drivers had knowledge of the booze on board the truck, and it sure seems to me like the co-driver should know if his partner is drinking and impaired.

 

The carrier gets nailed on the CSA side, and their insurance most likely will refuse to cover the driver. Consequently the firing... not to mention the fact if he was my employee and did this to me (and put my authority in jeopardy) I'd be royally PO'd enough to terminate him.

 

Answers to your questions:

1. The driver has to notify his employer why they are put OOS and/or why vehicle was/is impounded. Most companies do an annual review of MVR, that you fill out and they verify.

2. Under CSA, the driver and the company would get points on their CSA, as well as both getting fines for operating a commercial vehicle with suspended licenses, and knowing better.

3. Both the driver and company would be in some serious trouble including lawsuits, cease operations letter, and jail time. The company knowingly allowing an unqualified driver operate a CMV while being put OOS. The driver could lose his privilege permanently to get their CDL back

4. Highly doubt it. Even if the co driver was clean, the open container shouldn t have been in the truck while on duty, even if the other driver was in the sleeper. His DAC might say something to the extent of operating a CMV with alcohol on board

 

more than likely (clean driver/other driver) were thought to have prior knowledge of the booze in the truck and driving while suspended, I would imagine thats why (clean driver/other driver) was let go. Its a trustworthy decision.

 

In this case, kev, the driver was NOT put out of service, as he was on home time and not driving a commercial vehicle.

 

This thread makes some valid points. The DMV is under no obligation to check on the employment aspects and status of CDL holders arrested for a DUI. If that drunken knucklehead had learned his lesson and drove clean after his DUI, he could have continued driving until such time as trucking management did their periodic MVR checks. With the dreadful slowness of all governmental agencies these days, even then it may not appear for a good-long-time. So this leaves the driver with the moral dilemma. Does he march into the company and confess, the equivalent of committing Job Suicide or does he say nothing and continue driving until someone asks to see his license....and Oh No, I left it at that Truck Stop in Tuscaloosa...
Another point is all the stupid, lazy hiring managers out there: They ask the prospective employees to bring-in their DMV print-outs. Well folks, I've seen plenty of those print-outs and it wouldn't be that difficult with a good scanner and some patience to alter it completely. Instead of asking for a release so he (hiring manager) can obtain his own DMV print-out from God's mouth (the DMV) to his ear, he gives Mr. or Mrs. DUI the opportunity to remove any problems and give him a fake one. it's strangely funny.