HELP Me! Please.

You are not going to be able to go to Canada because of your record, so any company that runs a lot of loads across the border will be leery of hiring you.

Of course some people figuring not going across the border is better any way.

 

think that over again will you...?? and get back to me.....as Moose posted the proof.....

 

OK, I found the FMCSA's masking guidance! The state of Missouri had removed it from their website. Thanks to the fact once something is on the internet it stays there here it is. I need to see if this is still the FMCSA position on masking.

The state of Missouri requested clarification from the Federal Motor Carrier Safety Administration regarding the masking provisions outlined in the Motor Carrier Safety Improvement Act that became effective on September 30, 2005. The following scenarios were addressed and responses published on March 20, 2006.
Note) FMCSA: Generally, for masking or diversion to occur, there first must be a judgment of guilt. For example, masking may occur when the court holds the paperwork on a conviction for some reason and does not allow the State to take appropriate action. Diversion may occur when the court allows a driver – after an adjudication of guilt – to perform alternate services such as traffic school to get the conviction erased.
Situation #1: CDL holder issued traffic citation for Driving While Intoxicated in his private vehicle. Prosecutor reviews the records and determines that there is a problem with the evidence and decides not to prosecute the case, so no charges are filed with court. No conviction is entered.
Response) FMCSA: No violation of 49 CFR §383/384. The federal CDL regulations require a conviction as defined by §383.5. In this case, the evidence did not support the burden of proof to be properly adjudicated by the prosecutor and there were no excepted actions taken to otherwise circumvent the regulations (i.e., no masking or diversion of the offense or penalty).
Situation #2: CMV operator is issued traffic citation for "Careless and Imprudent" driving. Prosecutor files charges for "Careless and Imprudent Driving". Case goes to trial and contrary evidence is presented by operator to show he was not driving in a careless and imprudent manner and court ultimately dismisses the case.
Response) FMCSA: No violation of 49 CFR §383/384. Again, the federal regulations require a conviction and in this case the court found flawed or lacking evidence to convict the driver on the offense cited. There were no excepted actions taken by the court to otherwise circumvent the regulations (i.e., no masking or diversion of the offense or penalty). Ultimately, the driver in this case received his/her day in court and prevailed.
Situation #3: CMV operator issued traffic citation for "Improper lane change in a CMV". Prior to the citation being filed with the court the prosecutor determines to only file the charge as a "defective muffler". Final conviction is for "defective muffler" and that is the only charge ever signed by the prosecutor or filed with the court.
Response) FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.
Situation #4: CDL holder is issued a traffic citation for "Excessive Speed" in private vehicle (speeding 75 mph in 60 mph zone). After original charge is filed with court, prosecutor amends original charge to "Speeding 65 mph in a 60 mph zone". Final conviction is for Speeding 65 mph in a 60 mph zone.
Response) FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.
Situation #5: CDL holder operating a non-commercial vehicle and is issued a traffic citation for "Failure to Yield Right of Way". Prosecutor files charges for "Failure to Yield Right of Way". Court convicts person of "Failure to Yield Right of Way” and the conviction is posted in the driver’s record, but allows a Driver Improvement Program in lieu of having the director assess points on the Missouri driving record.
Response) FMCSA: The failure to assign "points" does not violate 49 CFR §383/384. However, if the federal regulations required the imposition of a disqualification period for the convicted offense and the court then allowed a Driver Improvement Program in lieu of having the director impose a disqualification for the prescribed period of time this would be in violation of 49 CFR §384.215/284.213/384.231 as a diversion deferral program.
Situation #6: CMV operator is issued a traffic citation for "Operating a CMV while Suspended/Revoked/ Withdrawn". Prosecutor files charges for "Operating CMV while license suspended/revoked/ withdrawn". Final conviction is for "Operating CMV while license suspended/revoked/withdrawn. Later, court allows attorney for CMV operator to withdraw original plea and conviction and after new court hearing, court ultimately enters a conviction for "Improper CDL Class/Endorsement".
Response) FMCSA: This is not in violation of 49 CFR §384.226 because the court vacated (withdrew) the original conviction or adjudication of guilt. By granting the attorney’s request to vacate (withdraw) the original plea and conviction, the court has nullified the conviction. The definition of “conviction” in 49 CFR §383.5 defines a conviction to mean “an unvacated adjudication of guilt”.

 

Now after all of this I went back to the CURRENT Missouri website and found this GUIDE and it seems to contradict everything I just posted. Now I am officially confused.

 

Moose, the states can ignore the FMCSA licensing regs, they have for the most part when some states produced their own CDL manual that differs from the "official" FMCSA one. The problem is this, once it is written and entered in the system, it can be found. If there is an adjudication (judgement) made of the ticket, it can be found. I have never had an issue finding any 'masked', expunged or removed ticket with the background reports I have done. The FMCSA say I have to have an MVR but that can be more than the standard DMV version, they never said having a detailed one, just to have one.

 

Not trying to be argumentative, however I am confused and with everything else going on in my life being confused by a (redacted) bureaucracy is UNACCEPTABLE, however I'm staying out of this until I find out FROM the FMCSA if that Missouri guidance is still valid. Either someone at the FMCSA or Missouri are trying to pull a fast one.

 

Yea I think the only thing it did back in 92 was to force drivers to get attorneys when they got a violation because they too were confused about the new law?lol Back before the CDL speeding tickets meant points on your license, equipment violations didnt, you usually just paid the fine for the speeding ticket but they would reduce it to an equipment violation so you wouldnt get points. At that time, if you got a certain number of points, your license would be suspended- not disqualified like they have now- by your state, which would mean you couldnt drive anything-truck or car. Now if your CDL gets disqualified, you can still drive your personal vehicle, just cant drive a commercial vehicle until the disqualification period is over.

 

Good points about pleading charges down but does it apply in this case .. the op was a non cdl holder at the time

 

It applies,. For the purposes of your driving record a charge is a charge and is part of your history. If you have a speeding ticket with a regular license 2 years ago it is STILL on your MVR today with a CDL. The only real difference is those tables in 383.51.

 

Garbage is good. Now most large corporations are kinda sticky on felonies. But some of the smaller companies may give you a shot. Its a good life. Secure, pays well, good benefits etc. Our industry faces a true driver shortage due to the negative stigma attached by the general public. But I assure you that if you learn how to operate all types of collection equipment you will have it made. P.S the lovely woman sitting in the swing next to me drives a trash truck as well as myself. Good luck.