CDL Requirements

Steve Connally

Steve Connally

Been here much more than a while
Location
Suffolk, Virginia
How many people knew this was the law? I had to go all the way to the FMCA in DC to get the official word. I don’t know anyone In the industry who’s in compliance. Do you?
Owner Operators are required to be in consortium for DOT Drug and Alcohol testing.



Anybody operating a vehicle requiring a CDL intrastate or interstate on the public roads is required to be in DOT Drug & Alcohol Program. The definition of commercial motor vehicle is defined below. A consortium is a DOT random pool comprised of many different companies.

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle- If you meet any of the criteria below, then the vehicle will require a CDL vehicle to operate on the public roads.

(1) Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

(2) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or

(3) Is designed to transport 16 or more passengers, including the driver; or

(4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).



Instructions for businesses that were not in a DOT Drug and Alcohol Program


Ø To find a consortium- go to www.google.com and type in the key words Consortium DOT Drug & Alcohol Testing owner-operator.


Ø Ask around the motor carrier industry to find a consortium in your area.


Ø Search yellow pages


Thank you for your e-mail. In it you ask for the Department's guidance on obtaining supervisor training video on reasonable suspicion testing.


Please note the Department does not make or keep such videos. Please note the Department does not make or keep such videos. You can find DOT reasonable suspicion videos by going online and googling “DOT reasonable suspicion videos”. By going to www.google.com or www.yahoo.com



There is also a reasonable suspicion training video by the Federal Transit Administration. You can view it from their web site at : http://transit-safety.volpe.dot.gov/DrugAndAlcohol/Tools/ReasonableSuspicion.aspx


Also, please see 49 CFR 382.601 for all the required information for promulgating a policy for substance abuse and alcohol misuse. Also, please find links below that you should find helpful.


https://www.transportation.gov/sites/dot.gov/files/docs/ODAPC_Employer_Guidelines_ June_1_2015_0.pdf


http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/ETA-Final-508c-s.pdf


http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules


Sincerely,


Bill Morgan
 
Yeah I'm not gonna read all that.

Do you have to pee in a cup or what?

I don't partake anymore, beer and whiskey excluded, so no worries.

Is this a PIA for interstate drivers? Or is the word intrastate? Who cares...I like pie.
 
JD3000 said:
Yeah I'm not gonna read all that.

Do you have to pee in a cup or what?

I don't partake anymore, beer and whiskey excluded, so no worries.

Is this a PIA for interstate drivers? Or is the word intrastate? Who cares...I like pie.
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It’s all cdl drivers. Intra or interstate and crossing state lines is crazy complicated. The record keeping for a required drivers file is absurd. I have to do an application for my own company, background check, driving record and a preemployment drug test. I’m the only employee. Then add dot numbers and ifta cause I’m crossing state lines into NC. Even though VA doesn’t require it, NC does. Internet worm hole
 
From what I remember, when the cdl requirements were first implemented, the company had to have over fifteen employees before they had to do drug testing. They must have changed that. It's a federal program, so don't know if individual states would have different rules.
 
When I got my class A I was told at the DMV that I was put into a random drug testing poll with every other cdl driver in the state. Don’t know if it’s changed or not.
 
Steve Connally said:
Thats the thing. Do you take the risk and never get caught or jump through the hoops and never get checked? Tough call. I've had a CDL for years and never ever been in a drug screening program. Didn't even know it existed.
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For me, since I am muni, the point is moot. But there are at least 4 tree companies and untold other contractor types that do most of their business in Georgia and are based in Alabama.
 
It’s Federal for sure. I’m thinking changes were in 2009 or so. Don’tremember but it’s the real deal now. I think what gets the attention is the dot number. When you apply you end up on the radar. Otherwise they’ll just get you when you have a serious accident that gets investigated or a random audit or complaint. I’d rather be on he upside of the crap storm. This way I’m good across state lines and am available to chase storm work when one of you guys wanna invite me. I think being legit will keep me from being worried every time a topper pulls up behind me. Plus it’s a big truck and very attention getting.
 
In NY a CDL class B is required for a GVW of 26,000lbs or more. Class A for a trailer weighing 10,000lbs or more. I'm pretty sure (not positive) on a Class A , drug testing is only required for employees. The class A will give you interstate travel. DOT numbers are required even on a one ton dump and up. One tons can get away without DOT digits if registered personally.
No matter where we live it seems they like to confuse the hell out of us. Usually most law enforcement are unclear of the laws also.
 
If you read the law, everyone, not just employees are subject to drug testing. Every CDL driver in the USA is required to be in a random drug screening program. Every Driver!!!!!!! Federal law supersedes state law so if you are on the road and not exempt (farmer, working for the gov) you are required. The DOT number puts you on the radar for audits and enforcement. I new DOT number makes you a new entrant and guarantees you an audit within 18 months of getting your number. At the minimum you are required to be in a random drug tensing program, have a preemployment drug test (even if you work for yourself) and maintain a drivers file.
 
Steve Connally said:
If you read the law, everyone, not just employees are subject to drug testing. Every CDL driver in the USA is required to be in a random drug screening program. Every Driver!!!!!!! Federal law supersedes state law so if you are on the road and not exempt (farmer, working for the gov) you are required. The DOT number puts you on the radar for audits and enforcement. I new DOT number makes you a new entrant and guarantees you an audit within 18 months of getting your number. At the minimum you are required to be in a random drug tensing program, have a preemployment drug test (even if you work for yourself) and maintain a drivers file.
Click to expand...

The new entrant audit is an absolute joke! You could pass that audit and get nailed the very next day for failure to have proper records. All they do is make you upload a half dozen or so documents which is really stupid for an owner operator (ie drivers list). They don’t come out and look at your truck, they don’t ask if you have the necessary equipment, and they don’t tell you what you are required to have!
Not every CDL driver is required to have drug testing and some non CDL drivers are required. I have a class A CDL but do not drive a combination vehicle over 26,000 pounds, no drug testing. Put my 9990 dump trailer behind my 19500 F550, no CDL required, but drug testing yes.
DOT, as with every other regulatory agency in our country, is set up for those larger companies, and to make it easy on them to comply. Us little 1, 2 or 5 truck operations are stuck fighting to stay afloat through the regulatory red tape. The DOT number only tells them who to write the fine to!
 
I just uploaded all that crap last month. I went overboard and sent sent pics of every paper, page, and safety thing I have. Even sent along a picture of my F350 badge so they could see how ridiculous it was. No CDL for me just DOT.
 
The information I got from the guy who runs the drug testing program at FMCA DC says every CDL driver who operates on a public road is required to be in a testing program. But you are correct only if they drive a CDL vehicle. If you have a CDL and drive a non cdl truck then generally not required.
 
We have been pulled over 5 or 6 times by MA DOT in the last 12 months. Never heard mention of this. Honestly I hear about different shit like this often. My response is, when they start to enforce it we will start to adhere to it. It's already a full time job keeping our trucks and employees on the up and up. If it keeps going it just won't be worthwhile anymore.....
 
Also, in MA you are only required to have a DOT number if you have trucks over 10k lbs that leave the state. Simple solution to a lot of problems, don't leave the state. When we have had to we just purchased day passes.
 
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