Trucking Advocate and Activist Allen Smith of TruthAboutTrucking.com : Articles Current News and Information for CDL Truck Drivers and Truck Driving Students…"Raising the Standards of the Trucking Industry"
If you are considering a career in trucking, it is always best to receive a copy of your DMV driving records. Even if you believe that there are no problems, it is a good idea to confirm that there has not been any misinformed information that was accidentally recorded against your driving record. Each state offers online services for you to order your DMV records at a very minimal cost. Records of each state will vary and many will offer a variety of different records that you can receive.
Each state will likely offer a three and five year background record, but many will also provide more in-depth records as well. For example, the state of Texas offers the following DMV records:
Status Record (Type 1): name, date of birth (DOB), license status, and latest address.
3-year History Record (Type 2): name, DOB, license status, list of accidents and violations in record within past 3-year period.
List of All Accidents and Violations in Record (Type 3): name, DOB, license status, list of all accidents and violations in record.
Certified 3-year History record (Type 2A): certifiedversion of Type 2. This record is not acceptable for Defensive Driving Course (DDC).
Certified List of All Accidents and Violations in Record (Type 3A): certifiedversion of Type 3. This record is acceptable for Defensive Driving Course (DDC).
Certified Abstracts of Driving Record (“AOR”): Certified abstract of complete driving record of a license holder.
In order to obtain the most valuable information on your DMV driving record, naturally, the certified records are the most informative. Again, each record is offered through various minimal fees, anywhere between $4.50 and $22.00 as in the case of Texas. Fees will differ from state to state. The small fee required is well worth drivers knowing exactly what is on their driving records.
By knowing what information is on your DMV driving records beforehand . . . will greatly assist you in preparing for a career in trucking, before shelling out thousands of dollars for CDL training.
To stay on top of your DMV driver record, check out your state DMV website.
What is “Due Process?” The Fifth Amendment to the U.S. Constitution provides that no person shall be “deprived of life, liberty, or property, without due process of law.” If a public employee has a property interest in a job, he or she cannot be discharged without due process. Due process requires that the employee be given notice of the reason for being discharged and a fair hearing at which to contest the decision.
But when is a job considered “property”? An employee has a property interest in a job if there is:
a written or implied contract granting the employee a property interest in the job;
if past practice of the employer shows that the employee has a property interest in the job; or
if a statute gives the employee a property interest in the job
Therefore, if a truck driver, already employed by a trucking company, re-takes the DOT physical exam and passes, and the medical doctor signs off on the medical card, would this not constitute “property interest” on part of the driver? Shouldn’t the driver have the right to due process? How could the trucking company terminate the driver on grounds of “health condition” when the driver had been given the green light from the DOT medical examiner?
To make matters worse, this driver has not been able to find an attorney that will stand up for this drivers’ “Due Process” rights.
The driver sent me an email explaining the situation. After the email, is my short reply to him with links I thought would be helpful. In posting this, I hope that perhaps our readers could provide some insight into this matter, and more importantly, an attorney will step up and help this driver in need.
Here’s the email:
Mr. Smith,
First of all, let me introduce myself. My name is John M. and I am a former CDL Class A tractor-trailer driver and a resident of Cocoa, FL. I started driving big trucks fairly late in life, at age 58 and made it to 60 when my world and my life, most assuredly, fell apart.
I hope that I am not being presumptuous in taking this liberty to share my story with you, Mr. Smith. It is a story that my former driver-colleagues (the survivors, I call them) have taken great interest in, for even the old-timers have never witnessed anything quite like what has transpired with me. If you do continue to read this email and find it of interest, you are quite free to share this email with any of the many contacts in the trucking industry that you’ve developed over the years. They may also find it interesting and perhaps even thought-provoking.
My story, in its simplest and most basic form, is nothing more than this:
Come time to renew my DOT physical certificate, I passed the physical and have (since the very day that I passed my physical) been barred from making a living with my former employer. Ultimately, I was terminated by this company under the general guise of “your recent health condition” as the termination letter stated.
If you’re like most people, Mr. Smith, you’re probably saying to yourself “there must be more to this story.” Indeed, there is MUCH more to the story, none of which, I submit to you, has the first thing to do with my health or any so-called “health condition” cited in my letter of termination. It has everything to do with how people more powerful than myself, for whatever their reasons and motives, can, through force and coercion, herd a perfectly healthy man into an impossible corner (at least, it ended up being impossible for me for a number of different reasons) from which there is no escape. And then actually destroy his/her very health and well-being because they stole their very livelihood away from them.
I’m not trying to be overly-dramatic when I use such words. This is exactly what has happened to me and it could well end up happening to many others in the trucking community if the mad-dogs-of-war against truckers continue to roam freely and consume their victims.
As with just about any topic concerning this industry, literally, ALL responsibility and burdens are being placed directly on the shoulder of truckers. Whether it be my circumstance, the Virginia parking problem … ANYTHING. Everything falls, all consequences, fall on the shoulders of the beleaguered trucker. Like so many others, I was aloof as to what truckers actually go through until I, too, finally experienced strapping on 80,000 lbs. of tractor/trailer and freight and then let out the clutch. Now I’ve driven more than a few miles in the shoes of these remarkable men and women. They are truly the REAL heartbeat of America.
I first learned of you and your work while researching for some material that would, hopefully, bolster a case for what ended up being, I certainly believe, wrongful termination from my former employer, which is a large Florida- based trucking firm. The particular article that I took away from your site as a result of that initial search was the following …
After that initial introduction to your web site, I did, indeed, purchase your e-book on 17 January 2009. It is a well-done and most valuable publication, Mr. Smith. One that I so wish I’d had before embarking on this, as it turns out, relatively short-lived career. You’ve provided a valuable service and much valuable information for not only those thinking about pursuing a trucking career but for those already involved. You are to be congratulated. (You are more than welcome to use my words as a testimonial, if you so wish to, Mr. Smith.)
Anyway, my reasoning for seeking out such information, in the first place, was my hope to demonstrate the utter hypocrisy of those destroying my life. Perhaps expose the many hypocrisies that exist within trucking in general. The trucking industry, for sure, has some legitimate problems that do, indeed, need to be addressed, as can be gleaned from your link just above. All that I was, and still am, trying to prove is that, again, trucking does have its unique problems. I just wasn’t one of them – and I say that humbly. But I was “converted” into a “problem” … where NO problem whatsoever ever existed to start with, by any rational, reasonable and everyday common sense measures.
Let’s just say that, like airline pilots who carry “loss of license” insurance, I wish that I’d had a ton of such an insurance policy. To my knowledge, though, no such insurance exists in the trucking industry. Puh-lenty of ways to lose one’s license. Just not many, if any, “antidotes” for such an eventuality, or so it seems.
Believe me when I say, Mr. Smith, the No. 1 cause of truck accidents cited in your posting – Prescription Drug Use 26% – is a very large component of my story. Not because I was on any prescription drugs – but because of my refusal to be “medicated” by the world of Big Pharma! Please understand that the promotion of the wonderful world of prescription drugs, by parties who held my very driving career in the palm of their hands, came AFTER I returned from the medical examiner’s office … with a passed medical certificate in my hand!
Attached to this email, Mr. Smith, is what I passed along to one of Orlando’s largest and well-known law firms, just last week. Hopefully, it will fill in some more blanks for you. All that it availed me was to incur my fourth rejection from as many different law firms who, supposedly, claimed to have expertise in “employment law”. For some reason, when I approach them and they get a glimpse at my case, they all of a sudden really don’t seem to practice employment law anymore. I’m not sure what to make of all these rejections, quite honestly.
So at this juncture, since it doesn’t appear that I’ll ever find legal relief, I wanted to present my story to you, Mr. Smith. Again, I hope that I haven’t been presumptuous in doing so. I fully realize that this email has already grown fairly long. For that I apologize but there is no easy or simple way to explain the full story on the quick and short. Still, it is my hope that you’ve found my words to of potential trucking community interest. I will certainly answer any further questions that you, or anybody else, may for me.
I have come to believe that I may possibly have a “due process” violation case. All that I think that I can say for sure, Mr. Smith, is that common, “everyday people”, such as my former driver colleagues, think that I was treated unjustly and unfairly. If they’re correct in their assessment, then I want to see what I can do to make sure that nobody else in the trucking community suffers as I have. None of this had to happen, for there never was a problem to start with. Until one was “manufactured”. I wouldn’t be writing this email if this “manufacturing” of non-existent problems had not happened.
I passed the physical … now, let me get back to work. Just that simple. That’s all that should have transpired. But it was not to be … and my life is in absolute tatters now.
If you’re down “here” now, Mr. Smith, I can’t thank you enough for taking your valuable time to hear me out. Once again, I consider this letter public now, if you wish to pass it along to others for their assessment. Again, I’ll be glad to answer any question that you or anyone else may have for me. Certainly, any advice and counsel would be greatly appreciated.
Thank you for everything that you do for all truckers, Mr. Smith.
Respectfully yours,
John M.
Cocoa, Florida email – champ7eca@bellsouth.net
My reply:
Hi John:
I am working on posting your story to our blog and through some research, I found the below site while investigating the “due process” legalities:
Residents of Greenwich, Connecticut continue their fight to prevent truckers from parking along I-95 and other various places. Weeks after the state DOT placed 26 signs along a 1.5 mile-long stretch of I-95 from the New York state line to just south of exit 3, there have been fewer trucks parked along that stretch of the interstate.
Largely due to the effort of one local area man, truck drivers, once again, are faced with meeting deadlines as well as meeting Federal standards when it comes to trucking regulations. Mike Riley, president of the Connecticut Motor Transport Association Inc., a Hartford group that represents 1,000 commercial vehicle firms that carry freight in and through Connecticut, said more rest area space is needed statewide to solve the problem.
“Frankly truckers are not welcome in Greenwich. They [Greenwich residents] want their arugula delivered but they don’t want to see the vehicles that deliver it,” he said.
Have you ever wanted to get your HazMat endorsement, but could never find the time to do so? The Transportation Security Administration now offers truck drivers the ability to apply online and get the process in motion, even if they are currently trucking over the road. They will also direct you to a fingerprinting station that is nearest to your location.
By using their submission application, you will be able to submit the HazMat application, pay the fee ($89.25) and obtain directions to the closest fingerprinting location. By utilizing their site, drivers can be fingerprinted at any of their listed sites, not just the drivers’ home state.
If time has always been a problem for applying for the HazMat, check out this service at : hazprints.
This photo by the New Mexico Department of Public Safety shows a seized spinach can filled with marijuana. Police with the New Mexico Motor Transportation Division found 1,200 pounds of marijuana packed in cans labeled as spinach during a stop at the Gallup, N.M. port of entry. An inspector noticed that only a few of the cans were labeled and that the weight printed on the side of the can did not match the actual weight. A closer look during the bust showed the canned drugs, which were worth an estimated $1.5 million. (AP Photo/New Mexico Department of Public Safety)
Donna and I would like to thank everyone for their support and encouragment that you have all shown us through the last 3 years. Here is a little Trucking Christmas Special we have put together for you, in hopes it will make your New Year a happy and prosperous one!
A major concern for truck drivers is ( or at least it should be) their driving record and how the point system will effect their employment status.
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 anew cdl 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.
How would you like to have the answers to over 800 CDL Test Questions? Just like in College, where the professors provide you with the answers you really need to know about the upcoming BIG Exam, you can now have access to the questions and answers to the CDL written exam. Which cdl questions will you be asked? There is no way of knowing . . . but this excellent study guide to the CDL written test will prepare you for a GUARANTEED passing grade
This is a great resource for CDL students to get “Ahead of the Game!”
Many newcomers to the trucking industry understand that there is a way to receive the CDL without spending thousands of dollars for a truck driving school. On tonight’s show, Truth About Trucking “LIVE”Allen discusses the steps that people are taking to grab their CDL for under $500. Is it the right thing to do? Should you receive the CDL by bypassing CDL school training and taking “easier” steps?
If you missed the live show you can hear it now, and find out what Allen thinks about these “bypassing” steps.
Next show will be Tuesday, October 28th at 8:00 PM Eastern Standard Time – “FREE CDL TRAINING” – Be sure to tune in!
Thanks to everyone for listening and your support of the show.
We completed our interview with Mr. Ken Bons of Eagle Training Services, Inc. out of Illinois. It was very refreshing to hear how Mr. Bons and his highly skilled staff provides excellent training for truck driving students. Our goal is to search and seek out more schools that hold this type of quality, honesty, and professional conduct.
If you are searching for a quality truck driving school or considering a truck driving career, check out Eagle Training Services and be sure to listen to the replay of the show, in case you missed the live broadcast. A lot of great information…..
We will be researching many other truck driving schools to add to our list of “approved” trucking schools.
If you are considering a career in trucking, it is always best to receive a copy of your DMV driving records. Even if you believe that there are no problems, it is a good idea to confirm that there has not been any misinformed information that was accidentally recorded against your driving record. Each state offers online services for you to order your DMV records at a very minimal cost. Records of each state will vary and many will offer a variety of different records that you can receive.
: cdl training, dmv driving record, dmv driving records, state dmv websites, trucking
What is “Due Process?” The Fifth Amendment to the U.S. Constitution provides that no person shall be “deprived of life, liberty, or property, without due process of law.” If a public employee has a property interest in a job, he or she cannot be discharged without due process. 
This photo by the New Mexico Department of Public Safety shows a seized spinach can filled with marijuana. Police with the New Mexico Motor Transportation Division found 1,200 pounds of marijuana packed in cans labeled as spinach during a stop at the Gallup, N.M. port of entry. An inspector noticed that only a few of the cans were labeled and that the weight printed on the side of the can did not match the actual weight. A closer look during the bust showed the canned drugs, which were worth an estimated $1.5 million. (
