What's new

are you a CDL licensed driver, have a DWI or serious violations in your past???

Landslide

Red Skull Member
Joined
May 20, 2020
Member Number
422
Messages
1,670
123_1.jpeg
 
I think this is only an issue if you never followed up and got your prohibited status removed.

There are steps that have to be followed when you get an OWI, if those steps were followed but not entered in the clearing house then you would still show as prohibited.
 
Hasnt this been a known issue for like a lot of years? Like did that Russian hot shot driver that hit the Harley riders have a pending DUI out of MA?
I understand pending, or recent, but one of the dudes in the article got a dui 30 years ago and they just revoked his.
 
I think this is only an issue if you never followed up and got your prohibited status removed.

There are steps that have to be followed when you get an OWI, if those steps were followed but not entered in the clearing house then you would still show as prohibited.
Seems like that should have flagged on renewal, not decades down the road.
 
I think this is only an issue if you never followed up and got your prohibited status removed.

There are steps that have to be followed when you get an OWI, if those steps were followed but not entered in the clearing house then you would still show as prohibited.
My understanding is even if you had a lawyer knock it down to something else years ago that they’ll still revoke your license
 
And fuck MADD while we’re at it. They are the ones pushing this kind of bullshit.
Obviously you shouldn’t drink and drive. Also you shouldn’t have your livelihood taken away forever when there was a victim-less crime (dui check point).
 
I understand pending, or recent, but one of the dudes in the article got a dui 30 years ago and they just revoked his.
This came up because a driver came into our place in Dallas tx telling our manager there that he received a letter revoking his CDL. He had a DWI 30 plus years ago.
 
This came up because a driver came into our place in Dallas tx telling our manager there that he received a letter revoking his CDL. He had a DWI 30 plus years ago.
Pure bullshit. At what point does the past, become the past? A fuckin mistake you made as a teenager could come back and destroy your livelihood.
 
Still trying to find the actual rule, but all the articles I am finding are talking about Current prohibited status, nothing about what happened in the past.

Truck drivers with a “prohibited” status in the Federal Motor Carrier Safety Administration’s (FMCSA) Drug & Alcohol Clearinghouse have just a few months to act before state licensing agencies begin removing their commercial driving privileges in November.


According to the latest FMCSA report, 163,318 CDL and CLP holders are listed in “prohibited” status in the agency’s Drug & Alcohol Clearinghouse, an online database that tracks violations of FMCSA’s drug and alcohol testing program.

If these drivers do not begin the Return-To-Duty process soon, they could face serious license problems later this year.


Starting on November 18, 2024, the FMCSA will require State Driver’s Licensing Agencies (SDLAs) to revoke commercial driving privileges from individuals who have a “prohibited” status in the agency’s Drug & Alcohol Clearinghouse. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process, the agency says.

The November 18, 2024, deadline was established by a second Final Rule (Clearinghouse-II) issued by the FMCSA in October 2021 that tightens requirements on SDLAs with regard to the Drug & Alcohol Clearinghouse.

This rule builds on and strengthens current federal rules that prohibit drivers from operating with a “prohibited” Clearinghouse status.


“As established in the first Clearinghouse Final Rule, drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV) on public roads. The second Clearinghouse final rule (Clearinghouse-II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP),” the FMCSA says.

The FMCSA’s first Drug & Alcohol Clearinghouse Final Rule went into effect January 6, 2020, requiring motor carriers to query the online database before hiring a driver and once per year for existing drivers. The rule is meant to give employers and law enforcement real-time access to a driver’s drug and alcohol violation records (including positive substance use tests and test refusals), and the FMCSA, CMV employers, State Driver Licensing Agencies, and law enforcement officials all have complete access to information in the Clearinghouse.
 
This seems pretty straight forward, if you have never completed the RTD, Return to duty status steps, then yes you are prohibited.

The big change is business were not required to use the clearing house until now. We have been using it since 2021.

In the rule it was clearly stated, so employees have time to perform the RTD steps before the 2024 compliance.

https://public-inspection.federalregister.gov/2021-21928.pdf
 
This scared me a bit.
The last ticket I have ever gotten was for Impaired driving, 1991. Haven't had a ticket or accident since. To think that that bad day would wreck my record 33 years later.

Had to check.
1727797875985.jpeg
 
This seems pretty straight forward, if you have never completed the RTD, Return to duty status steps, then yes you are prohibited.

The big change is business were not required to use the clearing house until now. We have been using it since 2021.

In the rule it was clearly stated, so employees have time to perform the RTD steps before the 2024 compliance.

https://public-inspection.federalregister.gov/2021-21928.pdf
Or if you did but your state .gov dropped the ball you are still screwed. Getting most states to unfuck their fuckup is a Sysiphean task.
 
A teenager could get his record sealed after successfully completing probation.
In most cases, they would’ve had to request to have it expunged and go through the process. Many don’t know this. Its also very hard to get something expunged at 18/19.

When I was 17 I was pulled over for my blazers height and Countless fix it tickets that led to a possible tow.

Cop searched the blazer and there was old beer cans in a dry ice chest in the back. The cans were clearly rolling around empty for quite some time, but because they were technically in the cab, I paid the consequences. Lesson learned and I accepted responsibility. They suspended my license for a year and fined the fuck outta me.

I was offered a company truck as soon as I got my license back, but I had to have the open container expunged. The process took over a year and a half and a few grand. It was not a simple process at that time.

One of my employees received a well deserved dui in a drive thru at 17. He’s now 21. He’s been trying to get it expunged for years. Still no luck.
 
In most cases, they would’ve had to request to have it expunged and go through the process. Many don’t know this. Its also very hard to get something expunged at 18/19.

When I was 17 I was pulled over for my blazers height and Countless fix it tickets that led to a possible tow.

Cop searched the blazer and there was old beer cans in a dry ice chest in the back. The cans were clearly rolling around empty for quite some time, but because they were technically in the cab, I paid the consequences. Lesson learned and I accepted responsibility. They suspended my license for a year and fined the fuck outta me.

I was offered a company truck as soon as I got my license back, but I had to have the open container expunged. The process took over a year and a half and a few grand. It was not a simple process at that time.

One of my employees received a well deserved dui in a drive thru at 17. He’s now 21. He’s been trying to get it expunged for years. Still no luck.

It may be a state by state, or even county by county thing. Or maybe it's changed over time. I got a wet reckless in my mid 20's, (.04 BAC), and paid my fine, was on probation for a year and then it was expunged. A lawyer friend wrote the petition for me, and as I recall it was a simple one page document.
 
It may be a state by state, or even county by county thing. Or maybe it's changed over time. I got a wet reckless in my mid 20's, (.04 BAC), and paid my fine, was on probation for a year and then it was expunged. A lawyer friend wrote the petition for me, and as I recall it was a simple one page document.
Damn, I wish it was that easy for me.
It must be a case by case scenario, or like you said, different counties or something.
 
This scared me a bit.
The last ticket I have ever gotten was for Impaired driving, 1991. Haven't had a ticket or accident since. To think that that bad day would wreck my record 33 years later.

Had to check.
1727797875985.jpeg
Doesn’t matter what you look up on your past records, the government never deletes anything they have recorded on you.
 
Pure bullshit. At what point does the past, become the past? A fuckin mistake you made as a teenager could come back and destroy your livelihood.
It should be as soon a your obligations are over with IMO. If you're not incarcerated or on probation you should basically be a free and clear citizen IMO. I've always thought the whole "convicted felon" second class citizen thing was bullshit.
 
In most cases, they would’ve had to request to have it expunged and go through the process. Many don’t know this. Its also very hard to get something expunged at 18/19.

When I was 17 I was pulled over for my blazers height and Countless fix it tickets that led to a possible tow.

Cop searched the blazer and there was old beer cans in a dry ice chest in the back. The cans were clearly rolling around empty for quite some time, but because they were technically in the cab, I paid the consequences. Lesson learned and I accepted responsibility. They suspended my license for a year and fined the fuck outta me.

I was offered a company truck as soon as I got my license back, but I had to have the open container expunged. The process took over a year and a half and a few grand. It was not a simple process at that time.

One of my employees received a well deserved dui in a drive thru at 17. He’s now 21. He’s been trying to get it expunged for years. Still no luck.
The laws are much tougher today too. If you get a moving violation ticket with a CDL, a lawyer can no longer have it knocked down to a non moving violation ticket like in the past.
 
It may be a state by state, or even county by county thing. Or maybe it's changed over time. I got a wet reckless in my mid 20's, (.04 BAC), and paid my fine, was on probation for a year and then it was expunged. A lawyer friend wrote the petition for me, and as I recall it was a simple one page document.
An old friend of mine was in a crash at an intersection (not his fault) but he was legally over the limit. He received a DWI and this was in the early 80’s. Fast forward to the early 2010’s and he got a second one when he was pulled over for too dark of window tint.

He had a lawyer for the first one and was taken care of. I told him it was going to show up when he went to court for his second one. He and his lawyer said that it wouldn’t. Dammed if they didn’t drag it up and use it against him.

One benefit from this story tho, he stopped driving with any beers in him.
 
An old friend of mine was in a crash at an intersection (not his fault) but he was legally over the limit. He received a DWI and this was in the early 80’s. Fast forward to the early 2010’s and he got a second one when he was pulled over for too dark of window tint.

He had a lawyer for the first one and was taken care of. I told him it was going to show up when he went to court for his second one. He and his lawyer said that it wouldn’t. Dammed if they didn’t drag it up and use it against him.

One benefit from this story tho, he stopped driving with any beers in him.
That’s the only way to be if you have a cdl and need it for income. Good for him for making the change
 
It should be as soon a your obligations are over with IMO. If you're not incarcerated or on probation you should basically be a free and clear citizen IMO. I've always thought the whole "convicted felon" second class citizen thing was bullshit.
company I work for won’t hire anyone with a criminal background history.
 
Top Back Refresh