Iowa CDL holders: Anyone can ask the state to make you re-test

I've had to use this law in another state, for a very valid reason. It was a NON-CDL case, but was to revoke the DL of a 90-something year old man who's mental condition had really deteriorated. I filed this upon stopping him on I-110 in Baton Rouge, as he was going 70 mph southbound in the northbound lanes for many miles. This happened after going thru a series of tight curves and blind "hills", ending in front of the LA governor's mansion, years ago. Miraculously, there was never any head-on.

The law does have a valid purpose for safety (CDL & non-CDL), however it is also a very easy type of law to abuse. There should be safe guards in-place to make the "requestor" show clear & significant valid reasons for any re-test request!

 

8/23/2013

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Iowa CDL holders: Anyone can ask the state to make you re-test

By Charlie Morasch, Land Line contributing writer

Julio Davila opened his mail last spring, which included a friendly letter from the Iowa Department of Transportation.

“Dear: Julio Davila

SUBJECT: NOTICE OF DEPARTMENT RE-EXAM

The Office of Driver Services has received a Peace Officer request for your driving abilities to be re-examined. … Your cooperation is appreciated.”

A law enforcement officer had asked the state to require Davila, an OOIDA member, to be retested to keep his commercial driver’s license. Davila would be required to pass the driving test, written tests, and have a doctor submit a medical report in order to keep his CDL.

In addition to the bad news about his retest, Davila learned something else:

Iowa license holders can be forced to retake DMV examinations if a law enforcement officer or anyone – inside or outside Iowa – files a complaint with the state.

Deb Carney, compliance officer with the Iowa DOT’s Office of Driver Services, said the state has written forms that a law enforcement officer or private individual can fill out to request someone be retested.

Between July 2012 and July 2013, Carney’s office received 142 requests for commercial driver’s license holders to be re-tested. Of those requests, 22 were made by law enforcement officers.

Iowa requires requests for retests to include the requestor’s name, Carney said.

“We have to divulge the name of the person requesting it if the driver asks,” Carney said, “and they generally do ask.”

Iowa isn’t alone in allowing citizens to request an “unsafe driver” be retested. According to one 2012 article in Claims Journal, California, Florida and Michigan have similar policies. Several other states allow doctors and family members to report individuals they feel are unsafe.

Davila owns his own truck and is leased on with a trucking company, he told Land Line. The process of preparing for the test and gathering his medical information required him to miss a week of work.

His driving ability and understanding of commercial driving was proven when Davila passed the exam, though he still feels the retest was wrong.

“Since I’m leased on, it cost my boss money too,” Davila said. “He only makes money when my wheels are rolling.”

What if a feud between neighbors were to lead to a retest request?

“We do take everything into account,” Iowa DOT’s Carney said. “I’m not saying we wouldn’t test them still, but we do take any information from them we have into account and make a decision.”

Davila said in his case, the trooper who requested his retest seemed to have it out for him.

Twice in the last year, the trooper had cited Davila over concerns that his medications and tinted windows weren’t in line with the FMCSRs. Davila said he gets migraine headaches when he is exposed to bright lights, and said medication he takes for blood pressure makes his skin susceptible to irritation from sunlight. Davila challenged the citation each time and won.

Davila said troopers in Iowa are the only ones who have questioned him about the tint on his truck’s windows.

“I go to Laredo, Texas, Mexico, Missouri, Mississippi and go through the scales there and it’s never any problem,” Davila said. “It’s just Iowa; they’re real particular about the tint on the windows deal.”

The Iowa trooper who requested Davila’s re-exam was Keith Truog, who longtime Land Line readers may remember was accused of harassing a farmer and pulling his service weapon back in 2009. The farmer’s civil lawsuit was dismissed in 2010.

Davila said he too felt harassed by Truog, and considered filing a “request for re-evaluation of a law enforcement officer,” another form anyone can submit in Iowa.

Davila told Land Line he didn’t want to stir up trouble with law enforcement officers.

“I definitely don’t want to start something that’s gonna come back and bite me,” Davila said.

Davila said he plans to try and get exemption from FMCSA for his window tint because it’s medically necessary.

“I just haven’t had time,” he said. “I need to make money.”

Copyright © OOIDA

 

Dont cha just love them boys with blue color jobs that put on that little gold badge and think its the badge of GOD??? Silly boys!

 

I would thank you twice if I could..

 

Hee Hee...I'm sure there are some good ones,just like anything else,cept I haven't had the pleasure!!!
As far as inspections and the like they really aren't that bad once they meet and talk with me,it's just that I see the attitude of "self entitlement ". I can usually talk them down off the ledge of a soapbox!! Lmao

 

It's becoming worse all over in regard to law enforcement ... here's Oregon cops with a bogus stop removing their name tags.

http://www.youtube.com/watch?v=iz6Qcyx8N74&feature=share

 

disgusting!!! I hope everyone posts this on their FB page!!! Makes me sick!!! Thank you driver for
exposing these FREAKS OF NATURE!!!!

 

There are some drivers and truck drivers out there I'd like to see be rested, because I don't know how they got their CDL in the first place.