I'm sorry to say this but this is a no-brainer... Work for a company that requires you break the law? Not worth it.
(1) Have your guy refuse to drive the truck and threaten to sue if they fire him
(2) If he is fired, have him go on unemployment and explain about the illegal demands of the company.
(3) Get a CDL (Worksource will pay for the schooling if you are on unemployment)
(4) The CDL will keep him working forever, if he wants to.
Question about Driving w/o CDL and losing permit.
Discussion in 'Questions From New Drivers' started by TonyaBunny, May 4, 2017.
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What you should've quoted was table 2 for 383.51...specifically item #6, driving a CMV without obtaining a CLP or CDL...although he now has his CLP. Item #7, driving without a CDL or CLP in the driver's possession (which since he DOES now have his CLP, that may not even apply). You've still got #8 staring you in the face, though, for driving without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported...although that one, too, is covered with the CLP that he has (provided he has the appropriate endorsements). Each of those only qualifies as a "serious violation" which doesn't park you until the 2nd conviction. Since he has his permit, these may not even apply...that's where your lawyer would earn his pay. They might argue that your permit was invalid since you didn't have a licensed driver with you...but again, #6 says driving "without obtaining" a permit or CDL. He's obtained a permit. #7 says driving without a permit or CDL "in the driver's possession". He has his permit in his possession. #8 is where they might have standing because if the permit you have obtained and is in your possession is invalid because you don't have a licenses driver with you, then you're driving out of class.
Bottom line, it's just a serious violation, and it is only a 60-day DQ for a 2nd conviction, as opposed to the 1-year DQ for the 1st offense like you posted.x1Heavy Thanks this. -
Age marches on. Some of us do not get to keep the medical cards which is now tied to that CDL. No medical, no CDL. -
x1Heavy Thanks this.
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But thanks for the odd excursion into the metaphysical. -
The company should be reported to the proper authorities for forcing him to drive a commercial vehicle requiring a CDL without one. That's high-level illegal.
x1Heavy Thanks this.
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