Since nothing in the Rev's response mentioned any cut 'n paste, or mentioned the word comprehension, I'm going to assume your second post was aimed at ME. I can
ASSURE you that I was only trying to help you, but...
chris1 said:
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Maybe i wasn't clear enough. It was not a DOT physical. It was a medical review. Large difference there.
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You were perfectly clear, and I have NO problem comprehending what I read. But, apparently... the "medical review" was necessary to maintain the driver's CDL. THAT, along WITH the periodic DOT physical is discussed in the ruling I linked you to.... which "I" have read only briefly.
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I just thought it might be interesting to see the views on this.
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Apparently, YOU have already made up your mind and don't appear to BE very "interested" in the views on this.
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There are three civil actions and two criminal actions in this case.
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Interesting info that you left OUT of your original post, but.... I don't really CARE. Don't have a dog in that fight. (Actually... I would LOVE to know how you got into 3 civil actions and 2 criminal actions out of JUST having a driver put OOS for nonreporting of a medical review.... but, I DO have other things to worry about.)
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I can insure you that my comprehension of the law is more than the ability to copy and paste a regulation.
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Somehow, I doubt it.... but, nevertheless.... I didn't MEAN to impugn your ability to understand the "new ruling" that I mentioned. I READ it... and even "I" found it to be more than I wanted to digest at the time. I really didn't have a problem comprehending it. It basically says that the DRIVER is responsible for making sure that ALL licensing agencies have the medical info they need to keep him qualified for his CDL. I was simply offering to discuss it further with you to help us BOTH understand what it says about your situation..... WHEN I had time! I'm kinda busy, and YOUR problems are not my biggest concern.
There ARE, however, regulations incumbent on carriers to verify medical qualifications of their drivers. If YOU failed to do so, you're probably going to LOSE.
There are many "rulings" by the FMCSA and the DOT that don't make their way into the REGULATIONS. IF you are a carrier, you are responsible for knowing ALL of them. Also.... the FMCSA clearly states that STATES can have tougher regulations as long as they are not "softer" than the FMCSR's. Part of your "authority" to run in other states is your responsibility to know their regulations. But, of course.... you KNEW that!
I mentioned that UTURN was probably the other "expert" you were expecting. I don't claim to BE that "expert" in THIS type of situation. However, if I misread your "dig" about cut 'n pasting regs, and you WEREN't addressing it at me.... I apologize. But, I don't think I did.