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Legalease
Legalease, Attorney
Category: Traffic Law
Satisfied Customers: 14511
Experience:  15 years exp in driving issues
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I have a CDL license @ drive a 24ft box truck @ with a gross weight of

Resolved Question:

I have a CDL license @ drive a 24ft box truck @ with a gross weight of 26,000 lbs.
If I drop my CDL license to a regular driver's license will I still be subject to random drug testing or not ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legalease replied 1 year ago.

Hello there.

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If you are asking whether or not any driver is subject to random drug testing if they hold just a regular driver's license to drive cars and trucks then the answer is "NO". A person is never subjected to random drug testing in any state just because of the vehicle that they choose to drive. The only other consideration here is your employer -- whether you have a CDL or not, every private and public employer has the right to subject their employees to a random drug test (the license type, vehicle type and whether the employee drives or not for the company does not matter -- employers are permitted in every state to perform random drug tests on employees).

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Please let me know if you have any further questions. If not, can you please press the 3rd, 4th or 5th smile face underneath this ANSWER box so I will be paid for my time.

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THANKS

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!



Customer: replied 1 year ago.

I'm a one man corporation with a USPS contract @ had to take a random for my contract renewal @ failed the first test. I then retook the test @ passed it @ sent the negative results to USPS. Now I have a consortium @ medical review officer to deal with. How do I get out of this random drug testing if I drop my CDL license to a regular license. I need to know what to tell the medical review officer and the consortium so I can stop this. I have been a truck driver for 30 years @ have a clean driving record and plan on retiring in 2 years. Would showing the medical review officer that my license has been changed to a regular license stop this 2 year random test program that they have me on ?

Expert:  Legalease replied 1 year ago.

Hello again Alan --

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I apologize for the delay and thank you for your patience. I have been on line and offline all day dealing with the company of several children on school vacation (including my own) and a husband who has the day off but keeps disappearing on me (not that I can blame him -- LOL).

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Under these circumstances, I am afraid that the news that I have for you is not that great from a legal standpoint. Because you are an independent contractor with UPS, the company has the right to require whatever they want as a condition of your continued contractual relationship and because you are an independent contractor and you are driving for them under that contract, this is an insurance liability issue more than anything else. In fact, it is typically the liability insurer for any company that requires that the company perform regular drug and alcohol testing on persons contracted with them or employed by them to drive vehicles or operate machinery -- because if there is any type of accident when you are performing the business of the company, the potential liability doubles, triples, etc., etc. if there are any traces of drugs or alcohol in the driver / operator's system at the time of the accident and so in order to keep their insurance rates/payments manageable, UPS and all other major companies generally comply with the insurer's demands to random drug test employees and/or independent contractors. My bet is that if you have an actual written contract with UPS for these driving, etc. services that you do for the company that there is language in the contract regarding their right to perform these drug tests at their discretion and it has nothing to do with whether or not you maintain the CDL or not. I am sorry Alan, but dropping the CDL has nothing to do with it.

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At this point, your only avenue of possibly getting out of the random drug tests and maintaining your current status as an independent contractor with UPS is if the language in your contract does NOT include the right for them to random drug test you at their discretion and timing. You should review your contract carefully to see what, if anything, it says about drug testing and if there is nothing in that contract regarding their right to random drug test you then you have something to fight back at the company with and you can simply refuse to take the random drug test when requested by telling them that as an independent contractor and not an employee that both parties to the contract are obligated to uphold the contract as it is written and that includes not adding things into the contract (such as a random drug test) that was not there in the black and white of the contract to begin with. However, if you do approach UPS with this issue (lets just say you find that the contract has nothing in it regarding random drug testing), you can be certain that the next contract you are offered will have that language included in the contract and it will be up to you whether to agree to it or not (it will be a take it or leave it proposition) -- and they have the legal right to do it.

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Please let me know if you have any further questions. I truly wish that I could have given you some more hopeful answers and a legal maneuver or two to get them to stop pushing this drug test requirement but such a legal maneuver does not exist. I ask that you keep in mind that I am obligated to tell you the legal truth of the matter without glossing it up or over in order to make you happy and tell you what you want to hear as a resolution for these matters. It would be unprofessional of me to tell you anything less than the legal truth and it is part of my function here at Just Answer. I ask that you please press the 3rd, 4th or 5th smile face underneath this ANSWER box so that I will be paid for my time assisting you today (I am paid NOTHING unless you press a positive rating below). I truly do appreciate it !!

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!



Customer: replied 1 year ago.


The USPS re-screens once every 4 years at the clearance date. They are not the ones that do the random testing. That's the dept. of transportations responsibility. As far as the insurance liability goes I carry by myself 1,000.000 combined single limit coverage. USPS does not contribute anything. Since I am a independent contractor I take all the financial burden for this. I would think that dropping the CDL to a regular DL that I would not be subject to DOT testing. Again this is not USPS that is involved with this. If it would help I would like to fax a copy of the Security/Driver Screening Procedure Highlights for your review. Please provide a fax # XXXXX I will fax this to you on Monday.

Expert:  Legalease replied 1 year ago.

Hello again Alan --

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I apologize for the delay but I was offline for a while. Unfortunately, I am not permitted to review contracts or contract documents on an individual basis for customers because that gets too close to legal representation. Regarding your liability insurance, a plaintiff will sue all available parties that he can possibly sue -- your contractual language applies only to the relationship between you , your company and USPS and does not preclude a 3rd party plaintiff for suing the full amount of your policy and then proceedimg against the USPS also.

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Regarding these matters of the DOT requiring the drug tests per the contract -- because the contract remains intact USPS can still require you to get the tests until the contract is over unless you negotiate something else with them instead and they put a new contract in place early or they change those particular provisions of the contract early. It certainly cannot hurt to tell them that you no longer have the CDL license and that you are no longer subject to DOT requirements in that regard -- however, they could insist upon adhering to the terms of the current contract until it expires (which is within their rights to do).

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MARY

Customer: replied 1 year ago.

With all else aside, one more question? Will I still be under the long tentacles of DOT dropping my CDL to a regular license, will I still have to take random drug tests?

Expert:  Legalease replied 1 year ago.

Hello again Alan --

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DOT would have no interest in your taking drug tests unless you have a CDL. That's the thing -- because it is in your current contract, USPS can continue to require it even if you explain to them that it is no longer legally required (they are a bureaucracy and you have a written contract with them with an expiration date). Once you get beyond this contract and show USPS it is not required by DOT, then it will be interesting to see if USPS still wants to require it (that could be a problem because as I said earlier in this thread, any private or public employer can require random drug tests if they choose to do so -- and if USPS goes to a policy that all independent contractors must agree to submit to the random drug tests - regardless of whether or not it is required under law, then you are going to have to take the tests). I truly wish I could tell you something different and I agree that the rights of an employer to do these things go too far on many occasions, but there is nothing you can do but take the tests if they suddenly require them of all contractors and you want to keep the position / business.

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MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!

Legalease, Attorney
Category: Traffic Law
Satisfied Customers: 14511
Experience: 15 years exp in driving issues
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