HELP Me! Please.
Discussion in 'Questions From New Drivers' started by bradyr693, Nov 23, 2018.
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That’s not even close to being true depends on the state,county I’ve had tickets changed and tickets removedbottomdumpin and austinmike Thank this.
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The problem is FMCSA 384.226.
§ 384.226 Prohibition on masking convictions.
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
This rule has been the source of confusion even for the states. Generally speaking once a judgement is made against a CDL that record is NOT supposed to be changed later. The key here is "judgement". I'm not an attorney and I am not rendering a legal opinion here. I'm just stating this is a Federal rule.blade Thanks this. -
When you find out, let me know okay? We don't train drivers but maybe there's some other kind of subsidy we've overlooked?
We qualify as a minority owned small business but that has got us exactly zilch as far as revenue. It did let us bid on some hauling for the government but we didn't have enough trucks to fulfil the contract. Even if we got it. Which we didn't. -
If it makes the OP feel better, I had no offers for jobs from July of 2016 to June of 2017. Then 35 minutes apart I received 2 job offers, one from Knight and one from Ozark. Ozark was starting 3cpm more, now they are 9cpm more than Knight was. After having passed hundreds of Knight trucks, I think I made the right choice out of those two.
And yes, I had a flubup in my past, 20 years ago. They said you've been off of probation for 8 or more years so you're good.austinmike Thanks this. -
Yea when they came out with the CDL in 92, they stated "Truckers (CDL Holders) would no longer be allowed to negotiate violations down to lesser charges". They also Banned Radar Detectors in commercial vehicles at that time. Have drivers been able to negotiate since then? I dont know?Last edited: Nov 24, 2018
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Lets make sure we are talking about the same thing. There is a lot of confusion on this. The FMCSA masking rule does not come into play until an adjudication of guilt is found and entered into the record. However the masking rule does not prevent getting charges changed BEFORE! There is FMCSA guidance on this. I just can't locate it!
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Like @Moose1958 says, the magic word is "conviction" A charge can be pled down. but once a judge says guilty it cannot be changed.
§384.226 Prohibition on masking convictions.
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State. -
At the time they said that, it was a trucker practice to get speeding tickets changed to lesser charges (such as "Equipment Violations"). Thats where the Masking comes in. According to the spokesman at the time, it was to stop that practice- He stated if you were charged with speeding and found guilty, thats what would appear on your record.Last edited: Nov 24, 2018
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
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