DQ'd - left holding the bill. need advice

**Saturnista** · 03-18-2009, 09:08 PM

Technically the Tennessee address is my "permanent" address, because I intend to eventually go back to it. We are in Ohio while my wife finishes school and while we take care of her family for a short while. So Ohio is a permanent-temporary address - we pay taxes in Ohio, held jobs in Ohio, and have lived here for a year and a half. We will probably be here at least 2 or 3 more years. In Ohio, you pay taxes based on where you live for more than 50% of the year. Even though Ohio has higher taxes (TN has no state, local or school income taxes), we pay taxes here because most of our income was earned here.

We will be returning to Tennessee when we have concluded our responsibilities here. We have a house to return to in TN and I am still a reserve police officer in TN, so we maintain our vehicle titles and registrations, and drivers licenses there. We were intending to move completely to Ohio, but I cannot get on with any departments up here (too many candidates, not enough positions), so we're maintaining residency in TN. We are considered dual-state residents, along the same lines of people who own summer homes in Florida and have obligations in two states. I cannot hold a license in more than one state, and because I am a reserve officer in TN, I need to keep a TN license.

This was one of the biggest draws to trucking for me. I would be able to spend half my home time in Ohio with my wife, and half in Tennessee, fulfilling my obligations there, all while my wife works on finishing her degree and taking care of her grandmother.

**greg334** · 03-18-2009, 09:42 PM

well I understand that, but the feds will have a very big problem - especially if you try to get a HAZMAT endorsement. This may flag your clearance and put a hold on it until they investigate it. Not only that, the state that issues a license may have an issue with the fact that you spend more than 50% out of the state.

I think that you need to be very careful with this issue, the trucking companies mitgate their risks by listening to their complience departments and more specifically thier insurance company. They will have to be the judge of multiple addresses.

But back to your original problem, I went through a simular thing. I did my best to document everything and got my docs on my side, but now that the DOT is requiring the docs to be 'registered' with the DOT, it will screw a lot of people. The problem with this is my docs have years of experience to judge my condition compared to some clinic doc who only sees me once. On top of this, my company is now following the sleep apnia 'suggestions' (aka guidelines) which my doctor who is a specailist in this field said "who is the DOT listening to? they got their head up their a** with these guildlines". He said this because he said they are forgetting one important thing - consistent uninterrupted continues sleep which can't be done in this business.

I would start with the origanal DOT physical, get a lawyer and ask him what can be done about this. They cleared you first, they are supposed to fulfill their obligation after that, and if you have to sue them for the cost of the school and lost wages.

When you get into this business, I recommend getting a lawyer and an accountant. It sounds simple to get one when you need help but it really matters to get one who you can talk to and who knows you. I know this form personal experience, so... good luck.....

**dogshed** · 01-04-2010, 01:04 PM

For the next newbie: Go to a community college or tech school and then have your employer reimburse you when they hire you.
$1500 vs. $7000.

Now for you now...

Try small claims court or the labor board in your state.
It can't hurt to check before dumping more money on a lawyer.

As for which state you live in? People move all the time. If you were hired in one state and then got your license in another and then moved to a third state it shouldn't matter. Just tell your employer and they will change the taxes and whatever in their computers.

Ooops. Didn't realize how old this thread was. I hope everything worked out.

**CharlesD** · 01-04-2010, 06:07 PM

Q: How can you tell when a recruiter is lying?

A: His lips are moving.

**Rabbit** · 01-05-2010, 01:06 AM

This may well be covered under the Americans With Disabilities Act, which _requires_ that emnployers make "reasonable accomodations" for employees with handicaps. I can say with some degree of assurance that giving you an "automatic" truck will be considered "reasonable". There's almost certainly a disabled workers group of some sort in your area-- they're all over-- that can and will advise you regarding your legal rights. In most cases where the worker has a leg to stand on, the company almost immediately realizes just how vulnerable they are to lawsuit and caves quickly. A good friend has much experience with this.

I _hate_ exploiting this sort of law, but these guys sound like they deserve it in spades.

**greg334** · 01-05-2010, 01:53 AM

The ADA would only cover a portion of the claim but because the regulations actually require the driver to be able to secure loads and work in a physical environment, the company can make the claim that this situation is exempt from the ADA.

**Dabus1952** · 01-05-2010, 11:01 PM

You are only allowed 1 address for a CDL .The CDL will be issued in the state you reside in at time of testing.There are many drivers who went to a driving school that Swift transport was involved in ,and there CDL s are useless at this time.They will all be forced to retest in the state they reside.
Your other opition for getting a DOT card would be getting hired in your community driving a school bus.Most school bus are automatic.The only thing you would need to do is have a P endorsment added on your CDL .Most large fleets like First Student, Laidlaw etc provide free training and pay for your physcal This may not be what you want to hear,but its a start.AS time went on you could build up a safe driving record and maybe get hiried by an O/O as a team member In an expedite truck.