Need dot consultant? Dot advice

Discussion in 'Trucking Industry Regulations' started by iamdot, Apr 29, 2009.

  1. Katz

    Katz Medium Load Member

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    Jun 21, 2009
    Commiephonya
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    Log question.

    Going to an extended vacation in another state, leaving the truck at home. Am I supposed to show the location of where I am, or where the truck is parked?

    Never had to do this before so I got confused. I am thinking it's the latter, but I'd like to make sure.

    Thank you.
     
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  3. Mike_MD

    Mike_MD Medium Load Member

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    Feb 4, 2009
    O-Zone
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    The log book has to do with operation of the truck; therefore, you log where the truck is.

    Be safe.
     
    Katz Thanks this.
  4. west texas outlaw

    west texas outlaw Bobtail Member

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    Aug 10, 2010
    Billings, Oklahoma
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    Due to an incident that WAS NOT my fault, the driver/owner of the r.v. got a judgement of $10,000 for a thirty year old pile of junk, and my Oklahoma C.D.L. is suspended as a result. I talked to my lawyer, and she said that my Texas C.D.L. was suspended( unbeknown to me), but she said that I pay Texas the fine I owe, I can get my Texas C.D.L. back, and Oklahoma cannot do anything about it. Is this true? or will I just have to pay the fine, and go thru truck driving school again, and redo everything all over? Is what my lawyer said legal?_
     
  5. kajidono

    kajidono Road Train Member

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    Jun 1, 2009
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    That's pretty much up to the state. A good lawyer would appeal the judgment and get it tossed out, in my opinion.
     
  6. Kentrucky

    Kentrucky Bobtail Member

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    Jan 14, 2010
    Lexington,KY
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    I'm not a DOT person but, I believe holding a CDL in more than one State is illegal and grounds for suspension at the least.
     
  7. dieselbear

    dieselbear Road Train Member

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    Oct 18, 2008
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    If you are suspended by any State, regardless if your home State CDL is valid, you are disqualified to operate a CMV in interstate commerce. Refer to 391.15. I stop and place drivers out of service for this all the time, about 1 or 2 a day. Some wise arses get locked up and can sit in jail for this. Had a driver three weeks ago get 1 year in jail for driving while suspended by any state, his home State had him valid, but he didn't like to pay the tickets he received in other State's and thought he could do whatever the heck he wanted. Here's the regulation and the interpretations:

    §391.15 Disqualification of drivers.
    (a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle.
    (b) Disqualification for loss of driving privileges. (1) A driver is disqualified for the duration of the driver’s loss of his/her privilege to operate a commercial motor vehicle on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator’s license, permit, or privilege, until that operator’s license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it.
    (b) (2) A driver who receives a notice that his/her license, permit, or privilege to operate a commercial motor vehicle has been revoked, suspended, or withdrawn shall notify the motor carrier that employs him/her of the contents of the notice before the end of the business day following the day the driver received it.


    Question 3: Is a driver holding a valid driver’s license from his or her home State but whose privilege to drive in another State has been suspended or revoked, disqualified from driving by §391.15(b)?
    Guidance: Yes, the driver would be disqualified from interstate operations until his privileges are restored by the authority that suspended or revoked them, provided the suspension resulted from a driving violation. It is immaterial that he holds a valid license from another State. All licensing actions should be accomplished through the CDLIS or the controlling interstate compact.

    *Question 10: Is a driver who possesses a valid commercial driver’s license (CDL) issued by their State of residence, but who is suspended by another State for reasons unrelated to the violation of a motor vehicle traffic control law, disqualified from operating a commercial motor vehicle (CMV) in accordance with provisions of the Federal Motor Carrier Safety Regulations?
    Guidance: Yes. Currently, both section 383.5, which defines the term disqualification as it applies to drivers required to have a CDL, and section 391.15, which applies to other CMV drivers subject to Federal Motor Carrier Safety Regulations, include the suspension of a person’s license or privilege to drive as an action requiring that person to be disqualified from operating a CMV. Neither of these regulatory provisions limit such suspensions to those imposed by the State where the driver is licensed, nor do these regulations specify the grounds upon which a suspension must be based.
     
  8. goboombepretty

    goboombepretty Bobtail Member

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    Aug 15, 2010
    ICT
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    No, really. Working for a fireworks company so everything is 1.3, so of course 1 pound = placards. All drivers are casual in rental straight trucks and at times travel outside the air radius rule.

    Let's say I travel 170 miles on the 29th, I log it like OTR and I have a 7 days previous statement - What about the next two days local? What about going back to farming after the 29th where I then drive my wheat truck? I also think he should log the hours at "any" wage earning activity, right?

    and can a non-CDL driver bring the NON-placard 24' truck back ? Can he bring the pick-up and cargo trailer (with DOT numbers) back?

    100 thanks already !
     
  9. Merlin1477024

    Merlin1477024 Light Load Member

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    Jul 30, 2010
    Katy, Texas
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    Howdy all!

    Question: Can an optometrist's examination be accepted instead of the screening done at the local driver's license office? (I have extensive details and background if needed.) Regs seem to say "YES", but asking here to add certainty.

    My current vision meets 20/40 requirements in weaker eye, and am 20/25 in stronger eye and 20/25 in both. Optometrist got me down to 20/30, but screening tools in use do not reproduce same for me. (Old war wound.)

    I am concerned about vision screening tools used at physical may be out of calibration or otherwise unreliable. Planning to attend driving school, etc., in October. Will be leaving a non-driving job. Drove tankers long ago and like them best.

    Hope to hear from Dieselbear with the DOT authority.

    From the manual (any annotations are mine):

    §391.43 Medical examination; certificate of physical qualification.
    (a) Except as provided by paragraph (b) of this section, the medical examination shall be performed by a licensed medical examiner as defined in §390.5 of this subchapter.
    _________________
    (b) A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of vision, and the ability to recognize colors as specified in paragraph (10) of §391.41(b).

    §391.41 Physical qualifications for drivers.
    (b) A person is physically qualified to drive a commercial motor vehicle if that person'

    (b)(10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70º in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber;
    ______________________

    (I can exceed all the requirements with the single exception that I want to EXCEED 20/40 in the weaker eye. I do this with the optometrist exam, but not with the screening stuff at the clinic where I took a physical for my own peace of mind.)

    If in error, please redirect me. Read back about 20 pages but saw nothing on this subject.

    Best 2U all!
     
    Last edited: Aug 16, 2010
  10. dieselbear

    dieselbear Road Train Member

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    Unfortunately I have no clue. Roadside I can tell you what you will need but at the DMV I have no idea what they require. I would call your local DMV office and ask that question. My guess is each State's motor vehicle office will have their own policy for this. Sorry in advance.
     
  11. Merlin1477024

    Merlin1477024 Light Load Member

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    Jul 30, 2010
    Katy, Texas
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    Thanks very much! Please advise what you would require roadside.

    Best to all!
     
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