Law advice needed.

I know I'll need to talk to a lawyer when I get home, but I am hoping for some advice here so maybe I can sleep at least some til then. When I went to renew my CDL the guy that did the paperwork checked the wrong box and gave me a class D instead of class A license. I didn't see it at the time. About a month ago Dart found the problem and shut me down in St. Louis and I had to fly home to get it fixed. I called the state and they told me to go have it redone which I did. Today I got a letter from the state telling me I have not met the requirements to get the CDL and need to retake the tests and the behind the wheel stuff. This is going to be a disaster for me financially after an already disastrous winter. I'm wondering if I can make the Guy who made the mistake cover my expenses. In Minnesota the folks who do the licenses are private business owners not state employees. They just send the stuff in to the state for processing.

I'm thinking there has to be some records of this mistake, and you certainly had an A before, no reason or record to have it revoked, actively employed, something should corroborate all of it, and of course when your attorney corresponds with the appropriate parties to deal with the mistake, make sure to include the "counselors" bill ! LOL ! What a joke, you should easily pass the road test again, just an insult to have to though. I had best mark on my calender to get the next D.O.T. physical before the end of the year, its due January of '15 and I don't want any hassle, that one should carry me to the next renewal.

Simple clerical error, why don't they just own up to it ?

Dang, jon, you just keep gettin' dumped on! Wish I could advise you, but like so many other problems, the answer likely depends on laws which vary from state to state. I know if it were me, (and I am sure this has crossed your mind,) I would probably be in trouble for kicking someone's axx. All I can say is I wish you the best.

Did you submit the federal paperwork that was sent out last year on time? It said if not returned in a certain amount of time it was a loss of your cdl. Just a thought incase there is more to it than checking the wrong box. Hope it works out for you.

I would called the person that checked the wrong block and see if he can correct the error. Hal

jon,

I have had trouble in the past while renewing a class B and school bus endorsement.

I"m in MN too and it seems there are some in those state offices who go beyond common sense in these matters.

Seems there has to be a way to connect between who you talked to on your call and who signed the letter you received.

I"ve never done it but I wonder if an in-person
visit to the license bureau would help?

What has the guy said who made the original mistake? Seems he should have some connection to state employees and could "fix" it. Did he charge for his work?? If he charged that should put him on the hook to fix it.

The tests are no problem, it's the time to do the behind the wheel that I'm more worried about. And I really don't want to have to sit with someone else and drive, I can't hardly stand myself, much less someone else. And for the other guy that asked about the medical thing, this happened when I went in to do that almost a year ago now. It took til last month to catch the problem.

Yes I did it on time, that is when the problem occurred.

I know nothing about CDLs, but the decision to deny your renewal was an "administrative" decision by a state agency. Generally, any decision that adversely affects your vested rights is subject to an appeal process that is outside the normal court system- and the important thing is to find out the process immediately, as usually you must take the first step within 30 days.

Call the agency that sent you the adverse letter, and ask them to send you information on the appeal process. Follow it up with a letter, and keep a copy, of course.

You should also get an attorney, but you have to make sure you don't wait too long to start the process and lose your right to appeal.

As far as taking it out of the agent's hide, your attorney will probably be more interested in just correcting the problem and getting you your license without going through all the re-licensing steps. There will always be time to sue for damages later, if you do have to go through the re-licensing process.

I found out by dumb luck that they had changed some law in MN that went into effect Feb 1. I went in on Jan 30th to get some tabs, and the lady working(I know her) asked if I had filled out the CDL waiver because she knew I had a class A but don"t currently drive truck.

It seems anyone who didn"t fill out a form and either present proof of a current medical card or sign a waiver by Jan 31 was automatically getting reduced to a class D license. Even if your actual drivers license wasn"t up for renewal. It seems really odd to me why they are doing this. Its already law that you can"t drive without a med card, so why the need to change you from a CDL to a class D unless you sign a waiver.

I"m wondering if that law change is why you are caught up in this. I would call the state back and try and deal with it from that angle. In an ideal world, it should be painfully obvious that an owner/operator with everything else current wouldn"t willfully drop his license to a class D.

If it"s like anything else dealing with the state, you are in for a very frustrating process. I just wonder if getting on the phone directly with the state wouldn"t be faster than dealing with a lawyer, who"s dealing with them.

Thats really an odd and unfortunate situation, and unlike me, you depend on this for income. Its kind of ridiculous that a mistake like this cannot be rectified immediately. You meet the darned criteria per that form we all filled out and like you, I had just heard of it last fall too, but I've known to keep a medical card current for many years now anyway.

A clerk checking the wrong box and you lose your CDL A license over that, I'd be firm at first if were me, try and sort it out, but if this was dragged out unreasonably, I'd become a jerk to someone at some point, demand that it gets corrected. If that takes legal action, and its on my dime, that would infuriate me, no need for any of it, unless they are that obstinate, ignorant etc, then a precedent needs to be set. Not sure if there are recoverable damages with something like this, you would hope to avoid any of it. Definitively worth consulting with an attorney given the nature of it, maybe that looming threat will get them to settle this without further action.

I've been in similar situations where mistakes were made, dealing with traffic violations and always found that when dealing with those, doing my homework, providing documents and or sometimes referencing laws out of the vehicle and traffic handbook, the errors made were recognized and the problem resolved.

I am hopeful that you have enough documentation and or back up, submitted to the right people, that this should go away. I've been diligent many times over the years where I found all I had to do was some leg work on my own, no attorney needed, and got things turned around, however in this case I would speak to someone in case there are other circumstances, you have a potential lost income, liability for same, there seems to be some negligence or at least error/omission here, someone has to be held accountable for that mistake, and I sincerely hope you can get it turned around however you do it !

In a round about way it is that law. It happened originally when I went it to take care of that situation and the clerk that filled out the paperwork did it wrong. I didn't forget to go in by the time, it was done wrong when I did.

Gee and to think I was thinking about getting a CDL and going back into local trucking.
I'm sure I'd not make it on blood pressure alone !

Sounds like another good profession ruined.

Might be a good time to get out and go on the government dole like over 1/2 the country is.

I lost my motorcycle endorsement when I turned 21 that way, too. Gal, didn"t check the box and poof, it was gone for good. That was 20 yrs ago before all the electronic stuff though.

Man, you are in a tough spot. You would think that if you can get to someone a little higher up on the food chain than your local license bureau guy, they would be able to simply fix the problem. I know what we all think about government and common sense, but honestly, you"re a truck driver. I don"t know you but Ive seen enough of your posts to know you drive a truck. Nice looking one, btw.

So why in the heck would a truck driver who went through the effort of filling out the new paperwork on time, decide he really only wanted a class D license? Maybe you could email the state a picture of your truck, and title it "worlds most expensive lawn ornament".

I believe someone on the other side of that 800# on your letter could figure that out. They have to realize they are really messing with your livelihood. Good luck to you on this, and hopefully you find out that the letter got sent out inadvertently and you are still good to go. BW

Hi John,
it bugs me when a high paid government employee can make a stupid error and cause so much grief to someone.
Any way you can call an elected official and explain what"s happened. they surely would know the proper channels to go thru.
I am in Canada, but I have called my federal representive and provincial representative and had issues taken care of immediately .
I wish you all the luck I have.
Martin

Well mine runs out next Jan and they aren't gonna get anymore of my $$$ and I'm not going to pay off any Dr.s. I'm 63 and they can stick it. I don't need it to haul what I haul anyway.Stress kills and I'm getting rid of all I can. Might even reach 80 if I'm lucky.

Just coincidence that the letter came on For Pete's Sake Day.

I farm and still have a few beans to haul. They are up to $14 now. I have an insulin exemption class A CDL that took 6 months to get. My med card expired Feb 7 and I had an appointment the 11th to get it renewed. I woke up that AM with a 389 BS and checked it at 10 AM and it was up to 437. I knew I had some bug or bad insulin so I changed sets for my pump and a new bottle of insulin. I ran the snow blower that PM and was 50 BS when I came in. I was to go in the 12th for another appointment. This is a new person I was dealing with and I made a mistake of telling her my numbers. Instantly, she asked if I went to the hospital, which I did not and told her the reasons. Then she makes an appointment with my endocrinologist to okay my health before she will see me again. I am to test my BS before I drive and it is to be between 100 and 300. If not I have to correct it to those levels before I drive. I do not drive my semi everyday. The DRs I have dealt with before know how I keep control and trust my judgement.

So Jon I kind of understand your perdicament. I grandfathered in on the CDL and been on insulin 35 years. I had 2 mistakes on the paperwork that I sent to DC that cost me 2 weeks delay on getting this CDL. Before all of this, my DR would write a letter to the SOS when my license came up for renewal.

Best of luck. It reminds me of a guy in basic in the Army with me that had sinus infection that put him in the hospital in the 7th week. He was told he would have to take basic all over again.

OK, so this Other Guy filled out your application. But who SIGNED it? If you signed it, then you acknowledged that information on the application was correct to the best of your knowledge. Hence, it wasn't HIS mistake, it was YOUR mistake.

Why didn't you "meet the requirements"? Did something change over time, health issues, maybe?

Old habits die hard. Are you sure you would pass the pre trip inspection and road test.

A clerical mistake, should be no problem getting it taken care of at the state level.

When I got my cdl years ago I was so happy I got it I never noticed they never added my motorcycle endorsement back on didn't notice for a few months went back to dmv and explained and I was told you will need to retake your motorcycle test at my expense and they even admitted they messed up lets just say I been riding without my motorcycle license for 15 years now. Some say I stubborn I use the I am polish excuse

While I feel sorry for you and understand your problem I am thinking forget the lawyer take a morning go to dmv pass the test and drive again. Probably less hassell and be back making money with less expense and lost time. The law about having current medical exam on file with the state has been on the books for two years just the enforcement date that caught folks off guard.

Why can't a clerical mistake be rectified?

I'd try contacting your state representative it's getting close to election time they might do something for you. Next I'd go to unemployment, explain the state just laid you off from your job. Then I'd go to social security and file for disability, after all the state just decided you're not able to do your job, if you play it right then the Social Security folks will be asking the DMV folks about this, might ask questions the DMV doesn't want to answer. Then I'd call a lawyer, there are firms out there that represent trucking companies and CDL holders, a quick letter or claim against the state asking that they make you whole (pay for lost wages or revenue) on their mistake AND cover any and all costs for you to retake the test including your time, rental of the truck and all of their fees and your trip back from St Louis. If you have the right lawyer the state may decide it's in their best interest to admit the mistake and give you the license back with out any hoops or fees.

Do you know which requirements were not met, and can you correct it/them quickly?

You can talk to a lawyer to form a backup plan. Taking it to court could be expensive and will add several months to the process. I wouldn't count on much success with the DMV or to be able to force the clerk to cover your expenses. If you signed the application after you looked it over to confirm that everything was correct and you paid the lower fees for the lesser licence without questioning the price error it could be very tough to to prove the clerk intentionally did anything wrong, even if you both missed the same error.

As jm said, it may be simplest to just get it over with: study the manual, reapply and retake the tests again to be back on the road as soon as possible.

Sorry, good luck.

Best legal advice I can give you is to talk to a lawyer.

Rick

I think you better get a lawyer on this yesterday! Big issue I see here is that you had a Class1. Now you don't... and if you met the requirement at renewal time and they screwed up and cost you the class1... it needs to be rectified on that basis alone. If you retest.... are you not then considered a 'new' driver... with all of the implications of that in force.... may not be insurable, driving restrictings, etc? Get a lawyer now and study this very carefully.
I do know that around here.... if you are 'newly' licensed as a class 1 driver, nobody will hire you until you have 2 years under your belt due to insurance reasons.

Rod