CDL violation?

[chuckwagon]

I just had another driver ask me this at a Flying-J.
He has been driving for about a month now but the o/o he is driving for never asked for his cdl, never did a driving records check, etc.
His question to me is did the o/o violate any federal or state laws?
Hell, I dont know but he is checking back with me in a few hours - he is taking a shower and stuff so I told him I am here for the night in Indy.
Please input please!

 

[greg334]

Yes but it depends, is the owner an independent operator with their own authority or does he lease onto a carrier.

I would think that any owner would check because in some cases it makes the insurance null and void.

 

[ACE]

Even if you are a small carrier with 1 truck you are required to have information like Physical,Drug tests,Cdl background check just to name a few things.
This is part of the record keeping that carriers are required to show if the are inspected.

 

[LDB]

This sounds too close to offering legal advice to me. I'd strongly suggest you tell him to call his company safety department.

Leo Bricker, 73's K5LDB, OOIDA 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.

 

[chuckwagon]

I am not really seeking LEGAL advice - rather o/o should know weather or not they have to do this or not (with the document requirements by the feds) if they are hiring independent contractor drivers.
I am pretty sure Federal Motor Carrier Safety Administration or DOT would be the people I would need to go to with this issue but it would be nice to hear from people who hire in drivers.
This o/o has his own authority of course and is not hooked up with any carrier he uses load boards and other brokers to get his loads.

 

[cheri1122]

What kind of owner would hire someone to drive without checking their qualifications? We've all heard of cases of amnesia regarding the driver's history, or at least selective memory. Would the owners insurance cover a driver who turned out to be unqualified? That owner sounds like trouble, to me...

 

[Tennesseahawk]

I've only been asked by a couple of owners for criteria. I guess they figure if we can get in with a carrier, it must be alright. But why would an owner legally be required to obtain a copy of your drivers license, unless he has the authority, like Dave said.

"If I claim to be a wise man, it surely means that I don't know." - Kansas

 

[raceman]

Cant be done. You be sure you tell that other driver dollars to donuts says that other driver is uninsured at this point not to mention all the othe r problems.

Raceman
OTR O/O

 

[Redbird Girl]

I know that FMSC requires that either the company leased to or the owner must have a copy of CDL, Psyhical,and 10 yrs driving history in a driver file. We came across that problem here with a local Factory that wanted to start hiring local drivers in there company and they did not know what was required of them.

Redbird Girl-LIVESTRONG-LIVE LONG