yeti:
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if you read the exceptions, part d , (d)(3)(i)(C) it is possible he would be exempt from the required testing.
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yeti, you have to use all of 382.103(d)(3):
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(d)(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(d)(3)(i) Operators of a farm vehicle which is:
(d)(3)(i)(A) Controlled and operated by a farmer;
(d)(3)(i)(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
(d)(3)(i)(C) Not used in the operations of a common or contract motor carrier; and
(d)(3)(i)(D) Used within 241 kilometers (150 miles) of the farmer's farm.
(d)(3)(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.
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? 383.3 Applicability.
(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.
(3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if
(A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or
(B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance.
(ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles.
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Government employees may operate CMVs during certain situations without a CDL. The exception is not carte blanc.
rcso
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It's possible, but I don't know of any city equipment operators that are farmers or that work for or on farms and thus that wouldn't apply.
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The rules for farmers apply when the driver is on the farm, once the driver works for a regulated entity the farmer exception goes away. As the regulated carrier must comply.
yoopr:
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There's also the Whistle Blower provision.
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The Whistle Blower Protection Act would come into play if the employee was fired for reporting illegal activities or fired for operating CMVs in an unsafe condition.
As mentioned the best course of action is to report the operation of CMVs without a CDL and no D & A testing to the FMCSA.
Be safe.
