Isn't DOT a generalization of state DOT? MDot, O dot, SD Dot..
a whole lot of DOTtin going on...
a whole lot of DOTtin going on...
ticket fixers
- Thread starter jrgibbs1
- Start date
greg334
Veteran Expediter
Example that is true but the names were change.
I get pulled over by the Ohio state police while I am driving my brand new $275,000 super duper Argosy Straight Truck on its maiden voyage.
The reason I got pulled over wasn't because I was speeding or anything like that but because I have tinted windows on my truck due to a medical reason. He does his inspection of the trillion dollar cargo, my logs (which are perfect by the way) and goes through the entire truck (minus the sleeper(. He writes me a ticket telling me I am not allowed to have tinted windows on my truck for any reason.
I produce a letter from the Michigan State Police Carrier Enforcement stating I am a Michigan registered vehicle, cite the law in Michigan, the process of verification my doctor went through and so on. I also prioduce a letter from the FMCSA stating chapter and verse of the regulations that govern tinted windows and also the prescription from my doctor on Mayo Clinic letter head. But all of that doesn't matter because the state of Ohio does not allow tinted windows on commercial vehicles.
Who do you think is wrong OVM?
I get pulled over by the Ohio state police while I am driving my brand new $275,000 super duper Argosy Straight Truck on its maiden voyage.
The reason I got pulled over wasn't because I was speeding or anything like that but because I have tinted windows on my truck due to a medical reason. He does his inspection of the trillion dollar cargo, my logs (which are perfect by the way) and goes through the entire truck (minus the sleeper(. He writes me a ticket telling me I am not allowed to have tinted windows on my truck for any reason.
I produce a letter from the Michigan State Police Carrier Enforcement stating I am a Michigan registered vehicle, cite the law in Michigan, the process of verification my doctor went through and so on. I also prioduce a letter from the FMCSA stating chapter and verse of the regulations that govern tinted windows and also the prescription from my doctor on Mayo Clinic letter head. But all of that doesn't matter because the state of Ohio does not allow tinted windows on commercial vehicles.
Who do you think is wrong OVM?
States rule right? that is the problem..too many fingers in our pie...we need to be either NOT regulated....or either just state or just federal....If the interstates are Federal responsibility then the fed rules should apply..
the states can take their shot when we get off the interstate...
the states can take their shot when we get off the interstate...
transporter
Expert Expediter
your right greg we have to follow dot regs and states can add too these regs. the dot officer point to me was a carrier cant tell a vanner he has to take a DOT medical examination. they can tell a vanner he has to take physical as a condition of employment but form must not say dot.
there might be states that require it i dont know. never heard of any.
there might be states that require it i dont know. never heard of any.
That's silly. Of course the carrier can tell a vanner he has to have a DOT medical examination. All they have to say is, "We require it."
The DOT form doesn't even say DOT on it. It mentions FMCSA in the fine print a few times, but the form itself is the
Medical Examination Report
FOR COMMERCIAL DRIVER FITNESS DETERMINATION
Saying you can't have a physical examination that conforms to this form is like saying you can't take a Class A test and then drive a Class B vehicle. It's like saying you can't have a CDL unless you actually drive a commercial motor vehicle.
Some carriers and their insurance companies want all drivers leased to them to be medically qualified according to the same standards. In doing so, it's certainly easier to have everyone use the same form. Once you have completed the physical examination, if you are then qualified according to the criteria on the form, the doctor will fill it out and give you a copy. He will also complete the Medical Examiner's Certificate and give that to the driver. The doctor is not required to give a copy of anything to anyone else. The carrier is likely to want a copy of the form and the certificate, mainly because they don't trust you, but they are not required by law or regulation to have a copy of it.
So you're in a van and now you've got this form that says you are medically qualified to drive a CMV. You, your doctor, and your carrier are the only people on the planet who know you've got it.
Yeah, so? How can that possibly be a problem of any kind?
The DOT form doesn't even say DOT on it. It mentions FMCSA in the fine print a few times, but the form itself is the
Medical Examination Report
FOR COMMERCIAL DRIVER FITNESS DETERMINATION
Saying you can't have a physical examination that conforms to this form is like saying you can't take a Class A test and then drive a Class B vehicle. It's like saying you can't have a CDL unless you actually drive a commercial motor vehicle.
Some carriers and their insurance companies want all drivers leased to them to be medically qualified according to the same standards. In doing so, it's certainly easier to have everyone use the same form. Once you have completed the physical examination, if you are then qualified according to the criteria on the form, the doctor will fill it out and give you a copy. He will also complete the Medical Examiner's Certificate and give that to the driver. The doctor is not required to give a copy of anything to anyone else. The carrier is likely to want a copy of the form and the certificate, mainly because they don't trust you, but they are not required by law or regulation to have a copy of it.
So you're in a van and now you've got this form that says you are medically qualified to drive a CMV. You, your doctor, and your carrier are the only people on the planet who know you've got it.
Yeah, so? How can that possibly be a problem of any kind?
transporter
Expert Expediter
silly or not the dot officer said a carrier can not make you a vanner take a dot medical exam, but they can make you take a medical exam. he definatly implied a carrier can get in trouble if they do call it a dot medical exam. this is pulling hairs either way a carrier can make you take a physical
greg334
Veteran Expediter
Oh be careful there, if you are an employee, that's a different issues altogether.
We are contractors regulated under the feds and states.
As for the form not saying DOT, I think the carrier has to use the same uniformed method of record for the physical.
SO with the changes made who does the physical, what is going to happen when you can't go to your own doctor as a van driver. Will the company enforce that change?
What " changes made"?
"Will the company enforce that change?"
Redundant question..carrier will do as they please that suits them with NO regard to the convenaince of the operator.
chefdennis
Veteran Expediter
Back to the Original post...alot of tickets can be paid and then the judge can hold the ticket for a "Delayed Disposition"...in other words, they hold judgement on the ticket for a certain amount of time..if you don't get another ticket in their jurisdiction for 6 months, then the ticket is tossed, no judgement, no points.....get another ticket in that 6 month time frame, you take the hit for both and all points.....
However, if you're a CDL holder...
From the FMCSA: Generally, for masking or diversion to occur, there first must be a judgment of guilt. For example, masking may occur when the court holds the paperwork on a conviction for some reason and does not allow the State to take appropriate action. Diversion may occur when the court allows a driver – after an adjudication of guilt – to perform alternate services such as traffic school to get the conviction erased.
Once you pay the fine, that's a judgment of guilt, and a "Delayed Disposition" for 6 months is nothing more than a probation. A ticket can be dismissed or the charges reduced before a judgment of guilt, but nothing can be done after the judgment of guilt that would dismiss or mask the conviction to prevent the conviction from appearing on the driver's record.
From the FMCSA: Generally, for masking or diversion to occur, there first must be a judgment of guilt. For example, masking may occur when the court holds the paperwork on a conviction for some reason and does not allow the State to take appropriate action. Diversion may occur when the court allows a driver – after an adjudication of guilt – to perform alternate services such as traffic school to get the conviction erased.
Greg334.
I sure hope that you didn't pay that ticket. If your truck is registered in Michigan, you have to Michigan compliant. ALL states in the US have a reciprocity agreement for motor vehicles. There are a couple of exceptions but the tinted windows would not be one according to the research I have done on this subject. I had a similar problem with a car that I bought home from Arizona. Get a lawyer and go to court.
I sure hope that you didn't pay that ticket. If your truck is registered in Michigan, you have to Michigan compliant. ALL states in the US have a reciprocity agreement for motor vehicles. There are a couple of exceptions but the tinted windows would not be one according to the research I have done on this subject. I had a similar problem with a car that I bought home from Arizona. Get a lawyer and go to court.
And my last comment on the matter... If you take a defensive driving course, the points do not magically fall off. What that does is if you are in a situation where you may lose your driving privileges is show DMV that you have taken the course and that may be enough to cut you some slack. Here in New Hampshire, the violation always appears on your record but after 3 years the points fall off. DMV said it should be about the same in all states. I've had 2 tickets in 20 years. One is 3 years old and no longer counts and the other is 1. None for speed. These are the only tickets I have had in 20 years. So be good!
greg334
Veteran Expediter
DS, thanks but it wasn't my ticket, I changed the names of the state and use myself but it actually happen.
In this case, a lawyer was retained by the driver long before he had this problem and when it happened, the lawyer didn't have to be filled in on who the guy was or what he was doing, just where it happened, the citation number and he got into action.
In this case, a lawyer was retained by the driver long before he had this problem and when it happened, the lawyer didn't have to be filled in on who the guy was or what he was doing, just where it happened, the citation number and he got into action.
transporter
Expert Expediter
dots point was a carrier cant tell a vanner he has to take a dot medical exam. they can make you take a physical. dot doesnt require it, so carrier cant say it is a dot requirement. i am sorry for not wording it better
nightcreacher
Veteran Expediter
all the states have done away with the tickets disapeering for doing the defensive driving classes if in a comercial vehicle.Ive done 2 defensive classes,1 for a ticket in Ar,and 1 in Fl.the one in Ar. I did at a truck driving school here in Oh,the one in Fl. I did over the internet.Ar. cost me 50 bucks,Fl cost me 850 bucks,they were both for speeds over 25 mph over posted limit.In both cases I couldn't get a ticket in their state for six months,and neither ticket ever showed up on my record.None of the states can offer this anymore for a CDL holder.