May Have My CDL Career Over Before It Even Starts.

Topic 1346 | Page 1

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SlugLife's Comment
member avatar

I'm running into an issue with getting real information from anyone without having to possibly throw time and effort away on a CDL school. Maybe someone on here can give me a better answer from experience than I've been getting.

2009 I was pulled over for speeding (68mph in a 65mph Zone) in Tennessee by the Drug Task Force in Jefferson County as i was heading home from working in Fort Campbell. Being the EXTREMELY overzealous folks they are they proceeded to thoroughly search my car convinced I was a drug trafficker (tattoos, out of state plates, driving on the "drug corridor", my pit bull in the car with me, training day for the new officer). They discovered my 1911 in the passenger area of the car with an empty magazine in it in an empty ammo can. I was charged and convicted of UNLAWFUL CARRYING OF A WEAPON (Misd). Reason being the empty magazine and I was improperly transporting. Paid the fine and it's over and don't with.

Anyway, I'm being told that any weapon charge like this disqualifies you from getting a CDL. But I've also been told it just disqualifies you from getting a HAZMAT Endorsement.

Does anyone have actual information on this one?

And I'm really just asking about the effect of the charge on my chances of getting a CDL not on the ins and outs of the legal system or what I should have done differently.

Thanks.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Old School's Comment
member avatar

Sluglife, I'm gonna do a little research on this and get back to you tomorrow. I don't think this is even an issue, but I need to make sure before I give you some bad information. You may have some other responses before I can even get back to you. I'm hoping Guyjax will see this, because I'm thinking he may know the answer without even having to research it, but either way we'll help you get to the bottom of this.

SlugLife's Comment
member avatar

Thanks a million.

Also wanted to point out this was a misdemeanor conviction so no jail time just a fine and forfeiture of the pistol (probably the most painful part).

Roadkill (aka:Guy DeCou)'s Comment
member avatar

Damn Bro didn't you say you were Military earlier?? Those guys wouldn't give you a break? Talk about lack of professional courtesy...wtf.gif

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Dave D. (Armyman)'s Comment
member avatar

Damn Bro didn't you say you were Military earlier?? Those guys wouldn't give you a break? Talk about lack of professional courtesy...wtf.gif

Some Police GO OUT OF THEIR WAY, to mess with the military. They know that if a soldier doesn't pay a fine when due, HE WILL pay the fine eventually.

Dave

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Old School's Comment
member avatar

SlugLife, I'm not an attorney, but I did some research into the FMCSR (Federal Motor Carriers Safety Regulations) book. I don't see anything to confirm your fears.

I am curious though as to who told you that with that weapons charge you would be disqualified from getting a CDL? I don't see it in the rules book. Now I may be missing something, but I felt like I looked fairly thoroughly - it is a thick book with small print, but I think I knew the right sections to go to and I don't see anything there that says you would be disqualified for your CDL.

You may possibly hit a snag on the Hazmat , only because it has it's own separate FBI background check, but I'm not even sure that it will hurt you there either.

Here's a suggestion: If you're concerned about forking out the money for school and losing it, why don't you just go with a Company-Sponsored Training program? Personally, I went to a private school because I thought that was the best way to go. Since then I've kind of changed my thinking on this and think that the company sponsored training programs are a pretty sweet deal. There is very little expense involved, you get excellent training, plus you are guaranteed a job after you successfully complete the training. You're gonna need to commit to that job for a year, but hey you're just going to start beginning to have a solid grip on what you're doing by then anyway. If after a year you just think you want to move on then your free to do so and you will have obtained your CDL with little or no expense, you will have gotten one years experience while getting a decent paycheck each week, and in most cases you will have gotten paid about $400 or more bucks a week during the initial training period.

Now, here's the really great part of this where you're concerned. If there was an issue with that weapons charge (and I seriously don't find any evidence that there will be) then you will know it right up front and they won't even accept you into their program. If you go to a private school they will take your money and you won't find out till it's too late for you to do anything about it. The company sponsored training programs do all the qualifying background checks at the beginning because they are going to employ you, not just help you get that CDL.

I hope I've helped a little, and I'm also hoping someone with a little more firsthand knowledge concerning this type of charge will still jump in here eventually and either confirm what I've found or let us know if I'm all wet behind the ears.

If all that doesn't sound too reasonable to you then you could also go ahead and get started on trying to get some pre-hires before you even start pursuing the license. Check out the link on Understanding Pre-Hires and see if you can get some pre-hire letters from companies that you've told about that charge in your application process and that would probably ease your anxieties about it. Remember that a pre-hire is not a promise to hire you, but rather a letter of intent based on the information they have already received from you and whatever background work they do for the pre-hire.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Pre-hire:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Pre-hires:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Company Sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Kip Brown (aka Six)'s Comment
member avatar

What gave them the right to search your vehicle in the first place? Did they have probably cause? 4th amendment protects you against cops like this who think they are above the law. Even if your stopped for a traffic violation, you only have to roll your window down enough to hand the officer your driver license. You don' t have to answer questions and they can't detain or search you without probable cause. I learned a lot from my brother who is a cops, a prick one at that.

Below is an example of boarder patrol trying to illegally search people 50 miles from the boarder who haven't even crossed the boarder to begin with.

http://youtu.be/pmcaSN4AsQQ

Don't even get me started on this subject..

Six

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
SlugLife's Comment
member avatar

double-quotes-start.png

Damn Bro didn't you say you were Military earlier?? Those guys wouldn't give you a break? Talk about lack of professional courtesy...wtf.gif

double-quotes-end.png

Some Police GO OUT OF THEIR WAY, to mess with the military. They know that if a soldier doesn't pay a fine when due, HE WILL pay the fine eventually.

Dave

Re: Professional courtesy... The officer that pulled me over actually confiscated my CAC Card (card issued by the DoD, basically my ID Card that allows me to get on post/base). He was absolutely convinced I was a drug smuggling terrorist. I got the card back after my DoD sponsor contacted him directly letting him know it was government property and needed to be returned immediately.

And the reason I let them search my car was because I was under the impression I wasn't breaking any laws. And when I say they searched my car, I mean they SEARCHED it... Under the his, removed panels, went through all my luggage including dumping a bottle of body wash/soap out. He just wouldn't let go of the idea that I wasn't up to something.

I had to spend the night in jail, car was impounded, poor dog spent the night in dog jail.

It was an unusual situation and I did my best to hurry it along a I was scheduled to work in Fort Bragg 2 days later.

I'm sure I could have argued everything but as I said, I didn't have time to drag it out and the reality is I was in the wrong for how I was transporting the pistol.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
SlugLife's Comment
member avatar

What gave them the right to search your vehicle in the first place? Did they have probably cause? 4th amendment protects you against cops like this who think they are above the law. Even if your stopped for a traffic violation, you only have to roll your window down enough to hand the officer your driver license. You don' t have to answer questions and they can't detain or search you without probable cause. I learned a lot from my brother who is a cops, a prick one at that.

Below is an example of boarder patrol trying to illegally search people 50 miles from the boarder who haven't even crossed the boarder to begin with.

http://youtu.be/pmcaSN4AsQQ

Don't even get me started on this subject..

Six

I've often heard people say the same things here but in reality if I had said no, you can't search my car I don't see the situation being any different aside from taking longer. I wanted it to be done with and I didn't think I was doing anything wrong.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
SlugLife's Comment
member avatar

SlugLife, I'm not an attorney, but I did some research into the FMCSR (Federal Motor Carriers Safety Regulations) book. I don't see anything to confirm your fears.

I am curious though as to who told you that with that weapons charge you would be disqualified from getting a CDL? I don't see it in the rules book. Now I may be missing something, but I felt like I looked fairly thoroughly - it is a thick book with small print, but I think I knew the right sections to go to and I don't see anything there that says you would be disqualified for your CDL.

You may possibly hit a snag on the Hazmat , only because it has it's own separate FBI background check, but I'm not even sure that it will hurt you there either.

Here's a suggestion: If you're concerned about forking out the money for school and losing it, why don't you just go with a Company-Sponsored Training program? Personally, I went to a private school because I thought that was the best way to go. Since then I've kind of changed my thinking on this and think that the company sponsored training programs are a pretty sweet deal. There is very little expense involved, you get excellent training, plus you are guaranteed a job after you successfully complete the training. You're gonna need to commit to that job for a year, but hey you're just going to start beginning to have a solid grip on what you're doing by then anyway. If after a year you just think you want to move on then your free to do so and you will have obtained your CDL with little or no expense, you will have gotten one years experience while getting a decent paycheck each week, and in most cases you will have gotten paid about $400 or more bucks a week during the initial training period.

Now, here's the really great part of this where you're concerned. If there was an issue with that weapons charge (and I seriously don't find any evidence that there will be) then you will know it right up front and they won't even accept you into their program. If you go to a private school they will take your money and you won't find out till it's too late for you to do anything about it. The company sponsored training programs do all the qualifying background checks at the beginning because they are going to employ you, not just help you get that CDL.

I hope I've helped a little, and I'm also hoping someone with a little more firsthand knowledge concerning this type of charge will still jump in here eventually and either confirm what I've found or let us know if I'm all wet behind the ears.

If all that doesn't sound too reasonable to you then you could also go ahead and get started on trying to get some pre-hires before you even start pursuing the license. Check out the link on Understanding Pre-Hires and see if you can get some pre-hire letters from companies that you've told about that charge in your application process and that would probably ease your anxieties about it. Remember that a pre-hire is not a promise to hire you, but rather a letter of intent based on the information they have already received from you and whatever background work they do for the pre-hire.

I was initially told by a driver working for Maverick (which is my 1st pick for trucking companies) that you can't drive a commercial vehicle with any weapon charge. Never one to take 1 persons opinion I asked around some more. I was also told by a gentleman who does a weekly radio show specific to legal issues. Now the Maverick driver may be telling me I can't work for Maverick with that charge, but that's not exactly what he said. And to be honest I wasn't specific about it being a misdemeanor as I assumed all Unlawful Possession of a Weapon charges were misdemeanors. He may have been thinking I was telling him I had a felony from 4 years ago. The radio host I was very specific with and he even cited the FMCSR. But when I researched I found only the reference to HazMat and it was specific to felonies.

I'm already enrolled in a school through the WIA Dislocated Worker program so unless something falls apart there I'll be going to a private school. I have been looking at companies that hire new graduates so I'll start getting in touch with them regarding applying.

Hopefully my worries will turn out to be unnecessary but we'll see. I start school at Carolina Trucking Academy on the 23rd of September. I think my worse case scenario is just funding it difficult to get a job with one of the major carriers but I'm pretty sure smaller local companies will hire me on to at least get my foot in the door in this industry.

Thanks for the reply and looking into it for me.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Pre-hire:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Pre-hires:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Company Sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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