Question about Driving w/o CDL and losing permit.

Discussion in 'Questions From New Drivers' started by TonyaBunny, May 4, 2017.

  1. quatto

    quatto Medium Load Member

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    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.
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    From the sound of the OP, his driving privileges have not been revoked, suspended, cancelled, or disqualified...so what you posted is largely irrelevant. That is also covered in Table 1 for 383.51.

    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.
     
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  4. x1Heavy

    x1Heavy Road Train Member

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    Forever with the provision that the good Lord provides him with a resurrected body and a large car on cloud 9... eh?

    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.
     
  5. Moose1958

    Moose1958 Road Train Member

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    If a person is caught driving a CMV without a class A/B CDL with a weight rating over 26,001 it is a crime. The fine can be rather steep for both the driver and the authority holder. However are you 100% sure these vehicles have a rated weight over 26,001? For the purpose of drivers license it is rated weight not actual weight. These numbers are inside the doors of most CMVs. However for every CMV driven over 10,001 YOU MUST HAVE A DOT MEDICAL CARD. As I stated in my first post there is a huge amount of confusion out there about what constitutes a CMV?
     
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  6. quatto

    quatto Medium Load Member

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    Well, aside from that somewhat esoteric reference, yeah. We all live within the purveyance of fate--Lord or no Lord. That, of course, does not relate to the OP's question which, as you may recall, asked for advice on what to do in the given situation.

    But thanks for the odd excursion into the metaphysical. ;-)
     
    x1Heavy and Bean Jr. Thank this.
  7. Zeviander

    Zeviander Road Train Member

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    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.
     
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