Getting Caught Driving without a CDL.....What happens????

Discussion in 'Experienced Truckers' Advice' started by QueenB1, Jul 18, 2013.

  1. QueenB1

    QueenB1 Bobtail Member

    6
    0
    Jul 18, 2013
    0
    A little background on why I joined: I wanted some information on what can happen if you get caught driving a flatbed (approx. 25') without a CDL? The reason I ask is because my boss makes the guys that are employed here drive the trucks without them having their CDL's. Sometimes the trucks are loaded crazy & overweight!!! You can just tell that they're overloaded!! He actually fired a guy before because he refused to drive it anymore because he didn't want to get caught & today another guy told him that he needs to start driving the truck because he doesn't want to risk it anymore. Of course my boss doesn't have a CDL & he'll drive it when he has to but he always seems to get someone else to drive. I know the guys here don't want to drive them anymore. What can happen if you get caught driving without a CDL in PA? If someone could give me some insight I would appreciate it so I can let the guys know so they can put their foot down!! Thanks!!
     
  2. STexan

    STexan Road Train Member

    14,962
    28,982
    Oct 3, 2011
    Longview, TX
    0
    I don't know what would happen if they were stopped without a CDL. I guess a lot depends on what type of equipment we're talking about. The boss needs to run the business right. If he requires CDL equipment, he needs CDL drivers that have been hired with the legal background checks done, etc. He can hire someone to do this, but he has to conduct business properly. If there's ever an injury or death accident, I'd say he will be forced into business and personal bankruptcy if a neglect and willful illegal operations are discovered as they no doubt will be.

    I suspect law enforcement would have the vehicle impounded otherwise to answer your question.
     
  3. Flatbedn

    Flatbedn Road Train Member

    1,307
    778
    Nov 12, 2012
    Missouri
    0
    If the gross weight is 26,000 or less no cdl is needed.
     
  4. YardDart

    YardDart Medium Load Member

    625
    310
    Jul 25, 2011
    Mustang, ok
    0
    true unless its air brakes
     
  5. Flatbedn

    Flatbedn Road Train Member

    1,307
    778
    Nov 12, 2012
    Missouri
    0
    Nope Penske rental trucks have air brakes and I've seen soccer moms driving them.
     
    Landincoldfire and OLDSKOOLERnWV Thank this.
  6. gentleroger

    gentleroger Road Train Member

    3,938
    7,967
    Jun 1, 2010
    0
  7. CaptainX3

    CaptainX3 Road Train Member

    1,408
    1,057
    Nov 10, 2011
    Fort Worth, TX
    0
    First, you have to determine if the vehicles you're talking about actually require a CDL. Here are the exact guidelines:

    If the vehicles are required to be operated by a CDL driver, then there can be some heavy penalties if they are caught.

    Driving without a CDL, or suspended CDL, incurs a civil penalty of up to $2,500 or, in aggravated cases, criminal penalties of up to $5,000 in fines and/or up to 90 days in prison. An employer is also subject to a penalty of up to $10,000, if they knowingly permit a driver to operate a CMV without a valid CDL.
     
    Roadmedic Thanks this.
  8. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,946
    Apr 4, 2007
    0

    They also go by the GVWR on both truck and trailer. They use actual weight if the driver is cdl. If not they use GCVWR.
     
  9. Flatbedn

    Flatbedn Road Train Member

    1,307
    778
    Nov 12, 2012
    Missouri
    0
    No again. Unless being used for hazmat or transporting 16 or more passengers.
     
  10. CaptainX3

    CaptainX3 Road Train Member

    1,408
    1,057
    Nov 10, 2011
    Fort Worth, TX
    0
    Yeah, air brakes are not a determination of a CMV. It all goes on weight.

    So, if your boss is running straight flatbed trucks that don't weigh more than 26,001 lbs, they don't even require a CDL. It really all depends on the exact equipment.

    EDIT: Let me kinda rephrase that. The GVWR is the declared weight of the vehicle assuming its loaded to capacity or legal limit. So if the trucks he's using are designed to carry more than 26,001 lbs, they need a CDL. He can't get past the requirement by only loading 25,000 lbs on the truck. Just wanted to be clear on that.
     
    RickG and truckman29801 Thank this.
  • Draft saved Draft deleted