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

Landslide said:
company I work for won’t hire anyone with a criminal background history.
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Private company can do whatever they want with hiring as far as I'm concerned. But in terms of rights from the government? That's a different story IMO. Once you're free and clear of the obligations from your convictions you should be free and clear, period. Full fledged citizen again. Free to vote, free to buy a gun, free to be hired for government jobs, etc.
 
east_beast said:
Private company can do whatever they want with hiring as far as I'm concerned. But in terms of rights from the government? That's a different story IMO. Once you're free and clear of the obligations from your convictions you should be free and clear, period. Full fledged citizen again. Free to vote, free to buy a gun, free to be hired for government jobs, etc.
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On a tangent to that, should a company be able to bar me from carrying a gun if I’m driving their commercial vehicle? Consider that in some states the truck is my home while under my possession but also their property. I’m curious if this scenario ever went to court
 
east_beast said:
Private company can do whatever they want with hiring as far as I'm concerned. But in terms of rights from the government? That's a different story IMO. Once you're free and clear of the obligations from your convictions you should be free and clear, period. Full fledged citizen again. Free to vote, free to buy a gun, free to be hired for government jobs, etc.
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Government doesn’t grant rights… it just rents privileges… and they get to change the term of that rental agreement at will…
 
BigBurt said:
On a tangent to that, should a company be able to bar me from carrying a gun if I’m driving their commercial vehicle? Consider that in some states the truck is my home while under my possession but also their property. I’m curious if this scenario ever went to court
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IMO, yes. Their vehicle their rules.
 
Tiha said:
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.
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That's all it is, current prohibited statuses.
Tiha said:
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
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Businesses have been required to use the Clearinghouse since 1/6/23, the third anniversary of its adoption.

The big change is now those companies who have been skirting the law and not using the clearinghouse will have drivers with revoked CDLs in their ranks and it will be easier to cach them at roadside inspections.
 
It smells like bullshit this lifetime look back in the article.

The clearinghouse itself I'm pretty sure only goes back to Jan 20, we were told it only contained based upon drug/alcohol testing related to cmv driving.

Piss text for new gig? In there. Refusal to test on a random, in there. Caught a DUI with a cmv, in there. I'm not entirely sure personal shit shows up in the clearinghouse itself. Maybe on criminal background.

If you go far back enough I was a habitual offender in several counties in VA. Has not affected my CDL, employment, nor does it show in my clearinghouse info.

I'll ask our safety cuck tomorrow. They're at our facility this week since we failed a safety audit...:laughing::homer:.
 
75cruisin said:
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?
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Yes. They've fucked things up several times along the way though.

Like when they batch processed violations and (non CDL) people who's violations were separated by years got the "your license is suspended because too many violations in a year" letter. :laughing:
 
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Roc Doc said:
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.
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Now pull your head out of your ass and imagine how hard that would be to un-fuck that kind of thing if prior to that shit getting expunged it had gotten spewed into a bunch of state driver databases that are basically impossible to get shit corrected in because they're not crime/law related so there's very little due process built up around them.

Dumbass old men. :shaking:
 
blthomas said:
The clearinghouse itself I'm pretty sure only goes back to Jan 20,
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Which is fine until some fuckwads at the DMV dust off an old filing cabinet and start pumping the system full of violations that happened in the 90s but are just being processed now.
 
arse_sidewards said:
Now pull your head out of your ass and imagine how hard that would be to un-fuck that kind of thing if prior to that shit getting expunged it had gotten spewed into a bunch of state driver databases that are basically impossible to get shit corrected in because they're not crime/law related so there's very little due process built up around them.

Dumbass old men. :shaking:
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Listen up twat-waffle, you do not have the exclusive opinion on the .gov compiling data for future use against us. BTW, I know a guy that has grown weed for many years in his garage, long before legalization, and got busted for coke back in the day, both felonies in NV, and he has been able to purchase firearms and has a CCW. If punk-ass bitches like you wouldn't just roll over at the first obstacle, you'd might learn there are alternatives to most situations. Of course you're from the world of, "Re-boot your machine".

No help cubicle camper.
 
Roc Doc said:
Listen up twat-waffle, you do not have the exclusive opinion on the .gov compiling data for future use against us. BTW, I know a guy that has grown weed for many years in his garage, long before legalization, and got busted for coke back in the day, both felonies in NV, and he has been able to purchase firearms and has a CCW. If punk-ass bitches like you wouldn't just roll over at the first obstacle, you'd might learn there are alternatives to most situations. Of course you're from the world of, "Re-boot your machine".

No help cubicle camper.
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Do you think everyone here is as stupid as you are? I'd wager 50% of this board has been busted for shit that "could be a felony" according to the officer who got tasked with playing bad cop that day. Everybody knows none of that shit sticks to a boot licking white boy without priors and you'll have to post up some sort of evidence to the contrary if you want us to think otherwise.

Yes, you absolutely can fight a bureaucracy. It takes time and persistence and depending on the situation money. If it's integral to your career it may very well be worth doing so. It's still a massive pain in the ass and not worth it for people in a lot of situations. Nobody but you thought any of that was needed saying because to everyone with an IQ above room temperature all that shit went without saying.
 
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I guess my interaction with the PoPo back in 85 didn't make it to the list.

clearing house.jpg
 
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