Level 3 inspection with medical card violation

You have about 30 days. How do I know? Because I got to miss 2 days of work. Yup. I've always just faxed it in. This last go-'round, I had to scan it in anyway to email my friend (I was under his authority)...so I figured I'd just email it to the state, too, using the link on their website. About a month later, I stopped by the post office to get my mail on a Saturday afternoon (ironically on my way home from an excursion to the town that has a CDL DMV) to see the letter stating my license would be invalid Sunday night. DMV was closed Monday (which I discovered after driving up there), so I went back again first thing Tuesday. Showed my current medical card, along with the email sent a month prior on my phone. They asked if I had received a reply...which I hadn't...and they said "Then it wasn't processed. They send a reply when they do." Seems that bit of info should be on the website so people would know to look for the reply. I'd never received a reply in the past with the fax..."Oh, we don't reply to faxes."

I had just passed a level 1 inspection 3 days before finding the letter in the PO Box. Officer didn't ask me for my medical card (so I assumed everything was good) or even mention any potential issues with it. The old card would've been expired by then...so you'd THINK it would've thrown up some sort of red flag for him...but then that'd almost make too much sense for a government agency.

Anyway, long story short, you've got about a month.

 

First sign up for the DataQ site, and submit a review. Located at https://dataqs.fmcsa.dot.gov/

You will likely need to cite the relevant law that states he doesn't have to have one. It's 391.41 located at https://www.law.cornell.edu/cfr/text/49/391.41

All that being said, you mentioned home delivery truck. Goes he have a CDL, or was he driving a non-CDL CMV? If he doesn't have a CDL, he still has to carry the medical card. CDL holders are an exemption, the default is still the need to carry a medical card.

 

Why turn your back at the real issue. Whether you need to carry one or not in eyes of law. Why not have it with you all the time? No sense of pissing cops off and not having med card on you when you need to have one to operate a cmv. Keep card on you and display to cop and be on your way. Just saying. Not trying to make you angry at me

 

I mean sure. Let's carry all our logs over the last 20 years with us just in case. How about we carry the driver qualification file too, I mean a stupid cop could ask for that... How about the maintenance history? What about carrying around a full tool box to fix your truck because the cop thinks you will need to fix the truck....

No, it's silly to be carrying stuff that is not required just because one is afraid an officer is dumb.

 

Man, I'm glad we don't have to deal with that BS.

 

That's actually the main reason it was set up. One can go to court for a citation and get it removed. A warning though, there was no way to remove it. FMCSA got sued, lost and had to create a way to remove CVSA violations (written warnings). I am assuming when you say warning you simply mean no citation?

There are two parts of an inspection. The CVSA inspection form, and anything marked there is a violation. Then there is a citation. This is the ticket with a fine attached.
Most people say warning when they get a violation but no citation.
Now, if there was no violation either on the CVSA form, or no CVSA form at all then it was simply a "verbal warning" and no record is made so no harm, no foul.

 

Suit yourself then. Bring unwanted trouble if that’s what you like over a small piece of paper. And then take time off and lose money to go to court and fight it. I show my papers and I’m on my way. People like you get unwanted trouble and more in depth inspections and tickets. As an owner operator, I’ll take the alternative. Show my papers and get on with my day.

 

One would think there would be a grace period, and there may be in some states (Who knows) but not in mine (Mississippi). It’s immediate and costs $100.00 to reinstate. They do send you a letter 45 days in advance warning you that your Med Cert will expire and what the repercussions will be.