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  1. #1
    Join Date
    Jan 2014
    Posts
    3

    Default Unable to Pass the DOT Physical for a Commercial Driver's License

    My question involves vehicle maintenance laws for the State of: Nevada

    Driving to Las Vegas for an event delivery. Stopped at NHP commercial inspection and didn't know I needed (so was not carrying)

    -Nevada trip registration
    -DOT number
    -DOT truck inspection
    -log book
    -road triangles/fire extinguisher
    -DOT driver medical card

    Sidelined me for 10 hours. Took care of reg, inspection, and log book but know I cannot pass DOT physical. Just had no idea I needed one for cross state travel (CA to NV) so I just drove back to CA. Worried I missed the deadline to send in some of my fix it stuff now.

    I am lead driver at my company and knowing these things is not my responsibility so I am not on the hook for anything (at least that I can tell) except the medical card and being late on turning things in. Obviously I'm worried more because I know I can't pass the physical. Help? I will not be returning to NV so I don't know how to take care of it

    Thank you very much. I'm worried about this...

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: List of Fix-Its at Nhp Commercial Inspection and Don't Know What to Do

    Part of driving a commercial vehicle is that you are in compliance with the regulations. It is your responsibility and your employers to comply. Your company should expect a FMCSA inspection audit in the near future. If you violated an out of service order you are in big trouble, it is a 90 day suspension.

  3. #3
    Join Date
    Nov 2013
    Posts
    32

    Default Re: List of Fix-Its at Nhp Commercial Inspection and Don't Know What to Do

    What type of vehicle were you driving? Were you pulling a trailer and if so what is the combined gross weight?

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: List of Fix-Its at Nhp Commercial Inspection and Don't Know What to Do

    Generally, you do not need a CDL for your job. You engaged in intrastate commerce by delivering in Nevada. That changed the rules. Here is the CA commercial manual. It should solve your confusion.
    http://www.dmv.ca.gov/pubs/cdl_htm/sec1.htm#needcdl

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Unable to Pass the DOT Physical for a Commercial Driver's License

    Quote Quoting minutemader
    View Post
    knowing these things is not my responsibility
    Self preservation is nobody's responsibility but your own.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unable to Pass the DOT Physical for a Commercial Driver's License

    Umm, it is your responsibility. You were the driver. It is your job to make sure you have all your paperwork and a safe and properly equipped vehicle before you drive it (even if obtaining the documentation is your employers). I can't believe anybody claiming to be a "lead driver" doesn't know this and doesn't know he needs a medical card.

    If you can't pass the medical, you have no business being a commercial driver. They're almost a sham to get. What do you mean you can't get one?

  7. #7
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Unable to Pass the DOT Physical for a Commercial Driver's License

    I appreciate the cute life advise but I'm looking for legal help. This was only our second out of state job and these issues just weren't on our radar. Perhaps a better way to have phrased it would have been, "As a dispatched driver for a company, I was unaware (as were my supervisors and boss) that we needed additional documentation to drive across the border."

    What, specifically, am I suspended from doing for 90 days? Is the out of service order the period of time he told me I was not allowed to drive? In this case the initial 10 hours? Or does it refer to the gap time until the things he cited me for were corrected? The way he made it sound, the 10 hours carried significant penalties and I didn't drive until after that time. I didn't have any option to not drive, however, since I had to go someplace to have the truck inspected. As a non-commercial driver in CA I can't be federally restricted from driving in CA, right? Only restricted from driving across state lines for commerce. At least that makes sense to me. Unless the DOT does a lot more enforcement-wise inside the state...

    I don't have a commercial license. Just a regular class C. I was driving a 2 axle straight truck with an empty weight of 10,700 lbs. No trailer.

  8. #8
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Unable to Pass the DOT Physical for a Commercial Driver's License

    Quote Quoting minutemader
    View Post
    I was driving a 2 axle straight truck with an empty weight of 10,700 lbs. No trailer.
    If the GVWR is 10,700 lbs. (posted on the side of truck) that is not empty weight. That is the max the truck can weight loaded.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Unable to Pass the DOT Physical for a Commercial Driver's License

    OK, you did not violate the out of service order if he said you could leave after the 10. You were not specific enough. He only parked you for the 10 hour restart not for any other violations. No suspension should be forthcoming. Go to many truck stops and there is a generic medical certification company willing to certify any liar. I am not advising you to lie. It is however a fact.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unable to Pass the DOT Physical for a Commercial Driver's License

    While you can feign ignorance on the parts that apply to the interstate rules (DOT licenses, etc...), the base CDL rules (including the medical card) apply to within California as well. In fact, California exceeds the Federal requirements for CDL drivers. The rules for the CDL, medical, and things like extinguishers and triangles are so pathetically basic, nobody is going to believe you didn't know you needed these things. I won't even move a U-Haul vehicle for my personal use without the latter.

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