Doctor Took My CDL. Trying To Get It Back.

Topic 26053 | Page 1

Page 1 of 1
Jessie C.'s Comment
member avatar

I've been driving a Class B for about 6 years now. No accidents personal or DOT. No speeding tickets or DUI.

I was on Suboxone for basically the whole time. My company changed doctors and I got a ignant.

I gave her published studies, my PCPs note of approval, my perfect record etc etc. So she takes my license and calls it risk of relapse. That's the best she could come up with bless her heart. Ive never relapsed in 6 years.

So I decided to do the exact opposite and quit that medication completely. Its been a little over 2 months since I dropped it completely and I'm doing great. Now I want my job back but it wondering if there are any standards that forbid a driver from holding a CDL that is not on any disqualifing medications but have been in the past?

Will she tell me I haven't been off it long enough and that I'm still likely to relapse or can that be legally justified? Anyone who knows anything about this I would really appreciate your input. Sorry if I seem a bit sore about it.

Should I just give up my CDL and find other work even though I'm completely healthy now with 0 risk?

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.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

DUI:

Driving Under the Influence

Rick S.'s Comment
member avatar

Let me preface the following, by stating I've been "in recovery" for many years.

She takes your MED CARD - which is in effect, your license. Also - you should have already downgraded your CDL as a result of the medical disqualification. Even a currently valid Med Card, is (legally) deemed INVALID, if you subsequent exam finds you medically disqualified.

While suboxone is not specifically prohibited by regs, it is still subjectively viewed as disqualifying by many medical examiners. Some will pass you - some won't.

Sadly - suboxone - which was always meant as a DETOX DRUG and not a MAINTENANCE DRUG (like methadone), is being used as such - and can also be ABUSED. Not saying YOU are doing so - but I know plenty of people WHO HAVE. Many people continue to take it and docs continue to prescribe it long-term as "relapse insurance". The problem is - it's as difficult getting off the maintenance (or more) than the original opiate. Many treatment admits the last few years, have been for long-term suboxone use. Tough to detox someone from a detox drug - and the relapse rate is (sadly) very high.

Will she tell me I haven't been off it long enough and that I'm still likely to relapse or can that be legally justified? Anyone who knows anything about this I would really appreciate your input. Sorry if I seem a bit sore about it.

"Risk of Relapse" - is not a justification for a DQ, but again - the medical examiner can DQ for many reasons that are "subjective", and not necessarily in the regulations.

It's GOOD that you got off the 'box - without getting into the reasons WHY you had to go on it in the first place, I hope your recovery is stable enough that you don't have to worry about relapse back into opiates.

Sadly - that is STILL UP TO the individual medical examiner. If you're looking to get THAT JOB BACK - and this person is still the Med Examiner for the company, make an appointment to have a SIT DOWN with them and discuss the issue. I would personally opine that 90 days off them, would be a better time-frame to try for a sit down than 60 - but that's just MY OPINION (and I am neither a Dr or a Med Examiner).

Sadly also- the rules are INCREDIBLY VAGUE - and leave much to the SUBJECTIVE DECISION OF THE INDIVIDUAL with very little actual guidance from DOT/FMCSA. Most "opinions" that I've found, seem to lean towards DQ'ing someone who is ON SUBOXONE - but very little data on RE-QUALIFYING someone who's GOTTEN OFF IT.

Not to get into the raging debate of whether it's safe to drive on it (I have an O/O buddy who's been on for 6 years, no accidents or incidents), but whether or not it creates a POTENTIAL LIABILITY if an accident occurs. If you're ON IT and the company is AWARE, and you get into an AT FAULT (or even a not a fault) - the fact that you are ON IT will be argued in any case and likely result in liability for the company.

There were also some suggestions I saw, that recommended the user go through the SAP Return To Work Protocol, and be monitored closely following return to work.

At any rate - I wish you luck and continued sobriety - and PLEASE DO LET US KNOW HOW THINGS TURN OUT FOR YOU. It would be helpful to others in the future...

Rick

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.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

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.

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.

OWI:

Operating While Intoxicated

Jessie C.'s Comment
member avatar

Thanks for your reply. That cleared up alot for me. I'm on mobile so my reply is a bit limited in that aspect however I do have good news.

My company is sending me to another physician for a second opinion. They believe the physician I got is a bit too conservative with who she allows to drive. If the physician believes I am okay to drive I can return to work next week. Thank you again for your detailed response and honesty.

Page 1 of 1

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More