We arectalking about the gross vehicle rating including cargo. My van weighs slightly over 7k lbs empty and can safely be loaded upto 10k lbs.
Yes, as long as the GVRW on the door sticker doesn't exceed 10,000 pounds, you aren't subject to the regulations of a CMV.
The issue is that WITH proper medical clearence through a complete medical examinination by a qualified doctor, a driver shouldnt be restricted from driving a vehicle they can drive for personal use commercially.
That's not an issue. A driver with proper medical clearance, meaning they meet the standards to physically perform the job, can drive whatever vehicle they like in interstate and intrastate commerce.
As for the yard jocky, they only move trailers to/from the loading dock to staging area in the same parking lot. They also must do a preinspection, so when the driver does theirs, the vehicle will have all defects fixed beforehand. They still must get the CDL to drive on the street.
Yes, I know what a yard jockey is. I also know that, while they are not required by the FMCSA to have a CDL, most carriers nevertheless require it. A very few don't, but most do.
So, do you really think I should be excluded from driving a 16' box truck, smaller uhaul truck, commercially when; I have been 2 different eye doctors and went through several specialized tests that show I surpass visual requirements and have a perfect driving record?
If you surpass the visual requirements, yes of course you should be able to drive. Both your left and right eye must have independent distant visual acuity of 20/40, whether they are uncorrected or independently corrected. Both eyes together must also have the same 20/40 distant visual acuity. Each eye must have at least a 70 degree field of vision in the horizontal median of peripheral vision. If either of your eyes cannot be corrected to at elast 20/40, or you don't have at least 70 degrees peripherally, then you don't surpass the vision requirements.
The blind spot in my left eye is in the center, which is compensated by my right eyes visual field. Peripherally, my left eye is fine and I can even see a telephone pole 4 lanes and a median out of the corner of my bad eye. Try yours and see how well you see when looking forward and how well you see out of the corner of your eye.
Mine is 90 degrees in each eye.
See, the problem is grouping people together, there are varying degrees of medical problems.
But the minimum requirements don't vary.
Now I agree if someone is unable to drive safely due to a medical condition, then they should be kept off the road, BUT if they are able , AS DETERMINED by proper medical procedures by a QUALIFIED Doctor, then they shouldnt be discriminated against due to the opionion of a nonmedically trained person.
Who is this nonmedically trained person of which you speak? The current physical standards to operate a CMV were arrived at by an army of medical professionals and were implimented into law by the rulemaking process which included hard data of tests and crash statistics to back it up.
According to the Americans With Disabilities act, Resonable Accomidation forbids discrimination if a person is capible of doing their job, and in this case being medically capible to drive a cmv safely.
Well, not exactly. You used the word "capable" (capible), but the ADA uses "qualified." The ADA "prohibits discrimination against any qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." But there's the rub - "any qualified individual." If you aren't medically qualified enough to meet the medical standards and cannot obtain a DOT medical card, then you aren't qualified to do the job.
A recent example of an ADA case that's not at all unlike yours is the
Wilkie v. The Golub Corp case of September, 2013 where Mr. Wilkie went to get his DOT physical and his blood sugar was too high, disqualifying him for the medical certificate. He sued on ADA grounds that he was discriminated against because of his diabetes. The court dismissed the case because, as the court noted in its opinion, "The undisputed evidence shows that Wilkie was denied DOT certification to drive a commercial motor vehicle in interstate commerce when Dr. Silverman determined that Wilkie did not pass the physical exam. Without such certification, and with no evidence to the contrary, Wilkie has failed to establish that he is qualified for the job, and therefore is unable to maintain a discrimination claim under the ADA."
So, in Wilkie's case, having diabetes prevents him from being discriminated against because he has diabetes, but it doesn't allow him to be medically qualified for the job simply because diabetes is a disability. If you have diabetes but it's controlled with medication, and you can obtain a medical card, then you cannot be discriminated against because you have diabetes. It's the same thing with vision, hearing and other medical conditions.
So, if you meet the physical requirement, then you are medically qualified to drive a CMV. If you don't meet the medical criteria, then you are medically disqualified. There are lots of drivers with disabilities, but none of those disabilities are disqualiying. Those with disqualifying disabilities aren't drivers. The US Constituion prohibits being stopped by the police without probable cause, and against unreasonable searches and seizures, yet the Supreme Court has ruled many times that these basic rights are superceded by the interest in the public's safety when it involves the rights of people who operate in safety related functions. That's why the DOT can stop a CMV with no reason whatsoever and harass, er, ah, I mean question the driver and inspect the vehicle. It's why they can require people who drive planes, trains and trucks and busses to pee in a cup.
I will do all that I can to stand up for my rights, this isnt the first time. Face it Im a Gatzek and we are stubborn and wont have people tell us we cant do things we can and we have a low tolorence with bull butter.
Don't let your stubborness prevent you from becoming educated on the facts, and the law.
