Too many licenses to keep a job

By JIM C. KLEPPER
ITJ

5/21/2008

Dear Mr. Klepper;

After reading your article about the differences in state driver’s licenses and the CDL license, I thought you might be able to help me understand the situation that I have with my CDL driver’s license. I have been told that there is nothing that I can do about it. That I just need to wait and hope that I don’t have a check on my license by a DOT officer. I personally feel that is not right. That there is something that can been done about it. Because if I do get checked by a DOT officer, there is going to be a BIG fine and I could possibly lose my CDL which means my job. Who can afford to lose a job now days?

This situation started in 2002, when I moved to the state of North Carolina and obtained an automobile license from the state after many headaches and turning in my South Carolina drivers licenses. Then in 2003 my husband and I decided to move to Georgia, where I turned in my North Carolina license and obtained a Georgia drivers license.

In February of 2006, my husband asked me to team with him OTR. I thought that would be a great idea to help our financial situation. So upon the advice of the recruiter, I obtained my Georgia CDL permits. In March of 2006, I went to truck driving training school. There I got another CDL permit for Iowa. Then after passing all the driving tests, I received an Iowa CDL driver’s license, turning in my Georgia automobile license and my Georgia CDL permits and my Iowa permit. After completing my OTR training with my trainer, my husband, I then went to our home state of Tennessee, we moved just before March in 2006, and obtained my Tennessee CDL driver license. What a mess!

In October of 2007, my husband and I decided that we wanted to work for another company. So we contacted their recruiter and they checked our driving records. That is when I found out that I had 3 active driver’s licenses for North Carolina, Georgia and Tennessee. My husband had all the same states driver’s licenses that I did, except his were all CDL licenses and his record came up clean. For two months the recruiter and I called and recalled trying to get things cleaned up. After talking with several nasty attitude employees of the states, Georgia was the only state that worked with us to get my Georgia driver license and permits made inactive. North Carolina refused to do anything to help us. They said to fax them a letter explaining the situation to them and that should satisfy the requirements of the company I wanted to go to work for. But they were going to throw the fax out because there was nothing they could do for me. That my automobile driver’s license would stay active until it expires in December of 2009, I think.

The new carrier almost didn’t hire me because of this. I was hired under the condition that this matter would be cleared up ASAP. After about a month when things didn’t get cleared up, I was told by the new carrier that there was nothing we could do about this and to wait this problem out. To keep a copy of the letters and faxes with me in the truck and hope that I don’t have a DOT officer check my driver license. If and when this happens, then we will cross that bridge.

Once again I called North Carolina and tried to resolve this problem. Finally I got someone that could speak plain English to me and didn’t have an attitude. She informed me what the laws were in that state. The law states that for automobile driver license’s, that they will remain active until they expire in case that person wants to move back into the state again. Then the state can reissue the same license to them again without filling out all the paper work again. There is nothing that they will do to cancel the license even though it is making you break the Federal law that states you can not hold more than one driver license. She also told me that the state treats all driver licenses the same. In that case, why is my husband CDL license canceled and my automobile license is not?

I have come to find out that I am not the only driver that has this problem with North Carolina. Is there anything that can be done to clean this matter up? If not, what can I do to protect myself and my job if this problem should ever come out at an inspection?

Thank you for your help and advice,

Pearl B.

This reminds me of the old commercial where the Georgia Sheriff in his Smokey Bear hat and big sunglasses comes up to the car he has stopped and says, “You ina heap of trouble boy!”

You do have a mess. If you currently have a valid CDL, keep it and any other license you have in that CDL license state. You will need to turn in and request that the other states cancel any other license you have from their states. Your goal is to have one license as required by law.

How best to accomplish this? I suggest you send a letter by certified, return receipt mail to each state where you are having an issue with licenses ( and please make a copy of EVERYTHING you send each state and carry it with you at all times). Include in that letter; (1) any actual state or CDL license you have to turn in, other than your current Tennessee license, (2) state in your letter that your are a CDL driver and your CDL is in Tennessee and include the TN license number in the letter as well as a photocopy of the Tennessee CDL so they can see you have it, (3) request in your letter for them to cancel any driver’s licenses you have in their state because you have a valid CDL from Tennessee, (4) request in the letter they mail back to you, in the self-addressed, stamped letter you will include, a proof or verification that their state has cancelled all of that states drivers licenses for you, and (5) a request they make any and all modifications to their computer system to show you are in compliance with their state licensing program.

After you have received the proof from each state, then you should take copies of those letters to your company so they will know you comply with federal CDL licensing laws. Whatever you do, make sure you keep these state letters, along with the information you sent the states, in your truck at all times. You man need to show law enforcement your CDL is valid. You never want to be put out of service some Friday afternoon until all the states take the time to send proof to the officer you had fixed everything wrong with your CDL.

I know working with the bureaucrats in the states can be frustrating. I know this because 20 percent of the CDL drivers that hire our national law firm need our help because of some error made by a state employee. It is not fair, but the errors they make can cost you your job.

Listen to Attorney Jim C. Klepper discuss trucking legal issues every Tuesday at 7:00 a.m. Central Time on Sirius Radio Channel 147. Join Host Mark Willis as drivers call in with legal questions. You can be part of that live question and answer program by calling (888) 782-5966.

Jim C. Klepper is president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation's commercial drivers. Interstate Trucker represents truck drivers throughout the forty-eight (48) states on both moving and non-moving violations. Jim is also president of Drivers Legal Plan, which allows member drivers access to his firm’s services at greatly di