How can the Federal Laws descriminate against Disabled Truckers?

Discussion in 'Trucking Industry Regulations' started by bandit24, Aug 5, 2007.

  1. Pur48Ted

    Pur48Ted Road Train Member

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    :biggrin_25511:

    I think YOU should re-read his original post: Here is what he said, you tell ME you think it is the DOT that is discriminating against him. Pay particular attention to the bold italicised text:
    I re-state my original reply and expound a little bit by saying: It is the INSURANCE Compaines that dictate WHO drives and WHO DOES NOT.
    Your "tax dollars" have little or nothing to do with it.
     
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  3. bandit24

    bandit24 Light Load Member

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    Guess I should clarify things a bit better. YES, I have driven a Freightliner with one arm/hand. Not a problem. I believe I can perform all the tasks required to hook-up, drive, unhook and even unload some shipments if absolutely need be.

    My issue with the govt is this... In their first line of disqualifying requirements to obtain a class A CDL is see below. This requirement has ABSOLUTELY NO REGARD for my ability to drive a truck. I am simply stating, that by this disqualification, the govt is making it next to impossible to even get a company to give me the oportunity to show them that I have the ability. The first thing a company looks at when they see this, is this is going to require paperwork and YES...Liability. I want to be trained correctly and do thing the right way. Driving a Freightliner that qualifies as a motorcoach is one thing but in order to do it for a living, I need a CDL.

    AGAIN..... I'm not trying to start an argument... was just looking to get some options as to how to proceed.

    Part 391: Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors

    §391.41 Physical qualifications for drivers.

    (a) A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and, except as provided in §391.67, has on his/her person the original, or a photographic copy, of a medical examiner's certificate that he/she is physically qualified to drive a commercial motor vehicle.

    (b) A person is physically qualified to drive a commercial motor vehicle if that person '

    (b)(1) Has no loss of a foot, a leg, a hand, or an arm, or has been granted a skill performance evaluation certificate pursuant to §391.49;
     
  4. leannamarie

    leannamarie "California Girl"

    It doesn't take much to start an arguement in these parts.:biggrin_25525:
     
  5. bandit24

    bandit24 Light Load Member

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  6. dancnoone

    dancnoone "Village Idiot"

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    And again I state the words "will issue" are taken out of context. The DOT will issue a waiver, if certain criteria are met. But, not before. They may discuss issuing this waiver, but they can neither confirm nor deny that it can be issued, until the criteria are met.

    This is a very long and difficult process as he is finding out. But once he has the waiver, insurance companies can be sued for discrimination. If that's the case.

    I understand your point. But I compare it to gaining access to Social Security disability benefits. Yes they will give them too you...and tell you just that, even their own Doctors will make that statement. But immediately after telling you that, they will deny all benefits until you haul them to court.

    The entire issue is a chicken and egg thing.... which I agree is whacked from the get go. And the requirements are such, they are almost impossible without some form of legal help.

    The defense rest ;)
     
  7. knighted

    knighted Bobtail Member

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    Jul 28, 2007
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    I'll say this, you are in for a tuff haul. It may take a while but I have seen people in your situation driving big trucks OTR. I think, not positive, one guy was driving for Arnold, another Schaffer.

    All I do is tell you what I did which is call the company ahead of time to keep from spinning your wheels and keeping frustration down.

    If you need a CDL go to a vo-tec school or community college. The cost is significantly less ($400-800 vs. $1,200-$5,000) and much better training than the CDL Mills. Once you have the learners permit try going to a HHG company. They are always looking for help, lots of back breaking work but you get to prove yourself. Then after a little while there the company may let you borrow their truck to take the road test,which is your goal. Now you got your CDL and it didn't cost you a fortune to do.

    A vo-tech or CC should be able to help you with the waiver application also. Not just getting the paperwork but the filing of it also.
     
  8. bandit24

    bandit24 Light Load Member

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    Near Charlottesville, VA
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    Everyones input has been greatly appreciated. I may have to go the way Knighted mentioned, then get my own truck andbe an O/O, but I really need to think bout that. Would rather get some real experience prior to buying my own truck and figuring out how to make the money / contacts.
     
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