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Allen Smith is the founder of truthabouttrucking.com and is an expert in the field of motor carrier transportation, and the most recognized advocate for assisting students and new drivers. Helping thousands of students, new drivers and inexperienced drivers understand the scams within the trucking industry, he has become a major player in raising the standards of the trucking industry. All topics relating to trucking and improving the quality of life and work conditions for drivers are discussed, including special guests appearances by experts in the field.
Aubrey 'Allen' Smith
Date / Time: 4/13/2009 11:30 PM UTC
Category: Business
Are you wanting to become a truck owner operator and considering the trucking companies lease purchase program? Have you been told you can make $100,000 plus per year as an owner operator? No credit check, no money down, own your own truck through one of the trucking lease purchase programs? 30+ year trucking veteran and 14 year Owner Operator, Allen Smith explains the facts about truck ownership through lease purchase and wants you to fully understand the Federal Truth in Leasing Law.
Date / Time: 11/26/2008 2:03 AM UTC
There still appears to be alot of confusion concerning whether or not persons with insulin diabetes are able to obtain a CDL license. For years, there was a ban that prevented those with diabetes who used insulin from driving commercial vehicles within interstate operation. However, in 2003, the FMCSA introduced the Diabetes Exemption Program which allowed individuals with insulin treated diabetes the ability to operate a CMV in interstate commerce.
In the beginning, this new regulation still had its problems. Mainly, it still required that people with insulin diabetes must have already driven commercially for the previous three years. If not, they would not be qualified for the exemption. Therefore, this three year rule made the new regulation, basically worthless for any new, potential CDL holders. This three year rule made it so difficult, that from 2003 to 2005, only four exemptions were issued.
Then, in late 2005, everything changed for the better. President Bush signed into law, doing away with the three year requirement. There is no longer any need to show previous commercial driving experience, even if you are on insulin. However, there still are 57 other screenings, guidelines and provisions that one must pass in order to be granted the exemption. Also, one must abide by any particular state requirements in regards to the commercial driver license.
There are many questions and answers floating around the net stating that it is not possible to receive a CDL if you have insulin diabetes. The Truth is . . . YES YOU CAN! Thanks to the new regulations of the Diabetes Exemption Program, signed into law in 2005.
Until the physical qualification standards within the regulations are amended by the FMCSA, you will have to apply for the exemption. Here is the 16 page Diabetes Exemption Form you can download and fill out: http://www.fmcsa.dot.gov/documents/safetyprograms/Diabetes/diabetes-exemption-package.pdf You will have to be evaluated by an Endocrinologist and an Ophthalmologist or Optometrist, and the form has areas that will need to be filled out by the doctors. The FMCSA must grant or deny an exemption within 180 days of receiving your application. According to the law passed by Congress, individuals with insulin treated diabetes will have to demonstrate that they have control of the diabetes while on insulin. For those with Type 1 diabetes, they are required to have been on insulin for two months before they can apply for the exemption. Individuals with Type 2 diabetes are required to have been on insulin for at least one month. But, as you can see, one or two months is much better than the three year rule! If you have any questions concerning the Diabetes Exemption Program, you can email: medicalexemptions@dot.gov
Date / Time: 11/25/2008 5:32 AM UTC
Date / Time: 11/23/2008 5:08 PM UTC
The point system for each state varies, but there is a general rule of thumb one can utilize in order to stay on top of their driving record. The points added for violations can be more severe when operating a commercial motor vehicle in comparison to your own personal vehicle. A good guideline to use is figuring that the points for a CMV will equal one and a half times the normal point system for a personal auto. For example, in Missouri, if you are caught speeding excessively in your personal car, you will receive 3 points against your driving record. If caught while driving a commercial motor vehicle, you could figure that the number would increase to 4.5 points. Generally, there are variations to how many points a driver will receive for a speeding violation, based on the excessive miles per hour over the limit. A standard guideline is as follows:
Speeding - MPH over not specified = 2 points 1-10 MPH over = 3 points 11-20 MPH over = 4 points 21-30 MPH over = 6 points 31-40 MPH over = 8 points More than 40 MPH over = 11 points
Other violations can also wreak havoc on your CDL:
Reckless driving = 5 points Inadequate brakes = 4 points Following too close = 4 points Improper lane change = 3 points Railroad Crossing violation = 3 points Failure to yield/stop = 3 points Other minor moving violations = 2 points
While each trucking company has their own hiring policies, on the average, trucking companies require that a new driver employee have:
NO failed or refused drug or alcohol test within the last 3 years NO reckless driving convictions within the last 3 years NO license suspension for points within the last 3 years NO more than 3 moving violations within the last 1 year NO more than 4 moving violations and/or accidents within the last 3 years
NO felony convictions within the last 7 years NO controlled substance violations within the last 7 years NO DWI, DUI, BAC or open container violations within the last 3 years NO incarceration within the last 5 years NO misdemeanors involving dishonesty, theft or fraud - these are considered immediate, disqualifying events.
Serious, major driving offenses can cause you to lose your CDL for various periods of time. These types of offenses include DUI and DWI, either in the form of alchohol or drugs, refusing to take an alcohol test, leaving the scene of an accident, using the CMV to commit a felony, driving a CMV with a suspended license and causing a fatality through negligent driving. Any of these offenses can cause you to lose your CDL for life.
Serious traffic violations such as speeding 15 MPH or more over the speed limit, reckless driving, improper lane change and following too close, can lead to severe consequences as well. For a second offense, you could receive a 60 day suspension, and a third violation could result in a 120 day suspension. Violating an out-of-service order will result in a 90 day suspension. Violating it a second time will bring a one year suspension and a third time will result in a minimum of 3 years.
Keep in mind, that if a CDL is suspended, the state cannot issue a conditional or hardship license. If you are convicted of a driving violation, even if it is in your personal vehicle, you must notify your employer and any points you receive will also go against your CDL. These new rules went into effect on September 30th, 2005.
According to the Federal Motor Carrier Safety Administration, a few of the guidelines for disqualification of a CDL is:
1st traffic violation = 60 - 120 days suspension Two or more violations within a 3 year period = 90 days to 5 years One or more violation of an out-of-service order within a 10 year period = 1 year DUI, Leaving the scene of an accident, use CMV to commit felony = 3 years Any of the 1 year offenses while operating HazMat = LIFE
Safety and moving violations are taken very seriously for those who are licensed to operate a CMV. As you can see, it would not take much to reach 4-5 points on your driving record, professionaly or personally. One speeding ticket and failing to stop at a stop sign, could bring you 7.5 points on your CDL and you could find yourself out of a job. These same violations in your own personal vechicle could result in 5 points on your regular driver license . . . and could delay you from receiving your CDL for quite some time.
The point system for each state varies, but this general format will give you a good idea on the various points one can accumulate against their driving record.
Original Air Date: 11/18/2008 12:00 AM UTC
Original Air Date: 11/12/2008 12:30 AM UTC
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