Texas CDL Laws and Regulation Questions..

[Killgore]

Yep, and when you get as old as me in Alabama they threaten suspension every year unless I submit to a doctor's examination as well as an eye exam. In fact, the letter is both rude and intimidating. I think the last one I received gave me ten days to submit all of the required paperwork.
- Ed

 

[Mikey-KE7LBB]

It must be a state by state sort of thing. In RI if I dont show up at the DMV every 2 years with a current med cert for them to copy and hold on file,my lic will be suspended. That's suspended, not down graded. Without any warning.

It is a federal law that was passed recently and goes hand-in-hand with the Real ID Act. At least Wyoming gives plenty of warning via nastygram at 90, 60, and again at 30 days from expiration of med card. They say "cancelled" in the letters I received last year.

In fact, the letter is both rude and intimidating.

^^I agree with you 100% on this one!!

To the OP, you should be able to get a non-commercial class A. I'm guessing the test would be the same as the commercial version, sans the airbrake stuff.

 

[Powder Extreme]

Seems more and more states are really pushing the laws. Last time I renewed here in Montana she refused because my medical card had expired (I'm not driving trucks anymore). Then earlier this year I received one of those nasty letters saying if I didn't send in a copy of my current medical my license would be suspended. I haven't heard anything about the drug screening here just for the license though. Obviously the companies all do testing.

 

[RVTRKN]

I believe the drug screening is done with the medical, as far as random drug testing for owner operators running their own show is questionable, I'll have to check with DOT, don't want to get caught short. How can you do a random drug test if you are your own boss, I don't go through scales, so how would they administer a random test?

 

[RustyJC]

How can you do a random drug test if you are your own boss?

The drug testing lab that our company uses will notify the employee "out of the blue" to show up to pee in a cup. The employee's manager doesn't even know that the test is coming. I would imagine that they would do the same thing for a self-employed individual who was contracted with them for random drug testing.

Rusty

 

[RVTRKN]

That would work for owner operator, under let's say Swift. They would be in the right, operating under their DOT license. But I don't use my class A for now, I just keep it current, so how would DOT surprise me?

 

[RustyJC]

I'm not an over-the-road driver, but I think I'm safe in saying that the DOT itself wouldn't surprise you. Rather, they would ask you to produce certification from a licensed drug testing lab that you have been tested within the last X months and were clean. That's the way it works for our employees - the lab reports back to the employee, the manager and the Human Resources department with the test results, and those are kept on file to be presented to customers, government entities, etc. who require them.

If that's not the way it works in the trucking world, then I'm certainly open for correction.

Rusty

 

[RVTRKN]

So if your right, then I would have to hire a company that would perform certified random testing on me? THAT'S NOT HAPPENING.

 

[jhenderson]

Rusty is right. What is usually done is you join a trade group such as trucking or construction association and part of your dues goes towards random drug screening. Being part of a larger group keeps your likelihood of being frequently called reasonably low.

 

[Okie-Go]

I use a company to take care of the drug testing. I get a letter in the mail telling me when I take my test. I have heard it is best to get it done then because if you put it off it gives them suspicion you may not pass. Some otr drivers get a call and are told they have one scheduled at a stop along their route. It may be within two hours or the next day. I would rather have a cdl and not need it than to need one and not have it.

 

[Wingate]

Seems im not the only one who finds the DOT laws confusing at times. There are so many variables that I could see where it would be extremely easy for an independent hot shot driver or such to get into trouble.
I am seeing more and more DOT guys with smaller trucks pulled over doing random checks. Not just Texas, but other states as well. Not to mention the liability these days of you end up in a wreck and an ambulance chaser lawyer gets involved.
Seems the DOT is in the "revenue generation" mode..

 

[RVTRKN]

Dear Human Resources Department:


Owner Operators are required to be in consortium for DOT Drug and Alcohol testing.



Anybody operating a vehicle requiring a CDL intrastate or interstate on the public roads is required to be in DOT Drug & Alcohol Program. The definition of commercial motor vehicle is defined below.
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle- If you meet any of the criteria below, then the vehicle will require a CDL vehicle to operate on the public roads.
(1) Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
(2) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).


Instructions for businesses that were not in a DOT Drug and Alcohol Program

 To find a consortium- go to www.google.com and type in the key words Consortium DOT Drug & Alcohol Testing owner-operator.

 Ask around the motor carrier industry to find a consortium in your area.

Sincerely,

Bill Morgan
-----Original Message-----
From: RVTRKN
Sent: Thursday, July 31, 2014 8:20 PM
To: ODAPC Web Mail
Subject: Random drug testing

It was brought to my attention that my Class A license requires me to submit random drug tests even though I only keep my Class A lic. current, but don't drive for hire. I don't do drugs and I'm only worried about obeying the law, I don't want to lose my Class A lic.

Thanks
Steve

This is an email I sent to DOT regarding my question about submitting to random drug tests, as I suspected, it only pertains to when you haul for hire. So I'm NOT going to do drug testing unless I haul for hire.

 

[Mikey-KE7LBB]

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce[/B]

It sums it up with this line of text in regards to drug testing. However, a medical card is still required to keep a CDL.

 

[RVTRKN]

Yes, but the worst part now is you have walk it in to the Gestapo, I mean DMV.

 

[Killgore]

It differs by state. In Alabama there is no health card to carry. They are one of the first states to be in compliance with the new directive. Your medical history, etc. are on computer and it all automatically comes up when your CDL is checked. The requred medical and eye exam can be faxed from the doctor's office.
- Ed

 

[Wingate]

about to bang my head against the wall trying to figure out exactly what trailer fits my needs and what brand has the right construction. Where is Harvey Barlow?

 

[RVTRKN]

He would probably tell you to purchase Big Tex trailers, thats who made his flat bed. I was a couple of days away from purchasing a 40' goose neck and I had the same dilemma and chose to have a local custom builder build it. But I never went with it due to the economy falling on its face. Weight had a big factor in my choice, all the trailers ready to deliver as mass produced seemed to have a lot of weight. Then I had to chose between a car hauler or a goose neck flatbed, I chose the flat bed because I could haul cars as well as cargo. I hope this helps you a little.

BTW, I'm glad HSmartash disappeared he would have trashed anyones else's opinion, if they didn't pick his brand.

 

[mfurrh55]

It sums it up with this line of text in regards to drug testing. However, a medical card is still required to keep a CDL.

You don't have to have a medical card to keep a CDL, I haven't had a medical card in 15 years, and i still have my class A CDL

 

[MMeier]

You don't have to have a medical card to keep a CDL, I haven't had a medical card in 15 years, and i still have my class A CDL

May want to check with DPS on that, IIRC, all states require a physical every 2 years to keep any class CDL, unless you have issues, then it can be every 6 months .

 

[Killgore]

Monte, that will end soon I am told. And, the rope around our necks continues to tighten.
- Ed