We have a driver who got caught with a joint in his truck coming back across the border. For some reason I am under the impression that it is an automatic loss of license. My questions are 1: is it an automatic loss of license, and 2: how would my boss and I find out if he doesn't tell anybody? I'm not convinced that he is telling the whole story.
Can't you call the customs office where he got caught, to get info? automatic loss of license? 5 years I think.
Even with all the states adopting medical marijuana laws, and Colorado and Washington legalizing recreational use, it will still remain listed in Schedule 1 of the Controlled Substances Act.
A user will fail a drug test, and an MRO will not verify a drug test negative, based on physician recommended medical marijuana use.
Any driver who gets a medical marijuana card, will not get their cdl renewed, either.
Okay,.. now I getcha… I tink. If the Border guy's haven't turned him over to local police, then he's probably okay, as far as DOT finding out.
Probably had to at least pay Customs a fine to be allowed to leave, eh.
Almost every state has a system to notify the employer for a suspended or when any moving violation occurs on a CDL. Have your boss apply for the notification.
I certainly understand your concern. I don't understand how some people can be so stupid when it comes to drugs and their career. If the problem was on the U.S. side, then there should be a police report. If you know where he entered the border, you might contact them and ask if there is a way to get a copy. They guy is legally supposed to notify the employer of any suspensions, tickets or arrests. Until there is a trial and conviction, he should still have his license. The out of service should show up on his CSA. The carrier can check that for himself. It usually takes about 30 days to show up. One DOT guy told me that if he writes a citation that it won't appear on the CSA unless an inspection was performed at the time. But, if there was an OOS, that might appear under OOS, whether there was an inspection or not. If he is smoking dope or taking any type of drugs, he is a risk. I would not want him working for me. If he has drugs in a truck and is caught, it could come back on the carrier. The truck could be impounded and towed. If it were me, I would cut him loose. It isn't worth the risk. If he is in an accident and drugs are found, even a single joint, it will place fault squarely on the carrier.