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Any other CDL drivers get restricted due to OSA?
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lltrucker Offline

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Post: #1
Any other CDL drivers get restricted due to OSA?
I am a newish truck driver in CA. I have been fighting with CA DMV for over 18 months. After my diagnosis of mod OSA I began using a Cpap. I have never failed a DOT med exam. DMV restricted me to intrastate commercial driving only (can't drive out of CA in a truck), no hazmat and no passenger endorsement.

I have proven over 90% compliance with my Cpap and my AHI is consistently below 4. I've never had any daytime somnolence.

I have had 5 appeals and reviews. Today a DMV supervisor told me that no CA driver with OSA is allowed to drive a Commercial vehicle out of state. The US DOT says they do not restrict drivers with well controlled OSA. Anybody with a similar experience?

My only option remaining is to hire an attorney.Oh-jeez
(This post was last modified: 03-11-2015 07:45 PM by lltrucker.)
03-11-2015 07:44 PM
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retired_guy Offline

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Post: #2
RE: Any other CDL drivers get restricted due to OSA?
Sometimes we hear from truckers that are trying to "beat the system." In your case you are doing everything you are supposed to do, and doing it successfully, and they're giving you shixx?

I'm sorry about that lltrucker. It really doesn't make sense to me that they feel they can regulate commerce outside of their borders.

Good luck to you, and congrats for doing the right things.
03-11-2015 08:08 PM
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justMongo Offline

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Post: #3
RE: Any other CDL drivers get restricted due to OSA?
There are several commercial drivers on the forum. They have to show DOT compliance.
Some even have their CPAP machine in their sleeper berths.
I do not know if any are in CA. Hopefully one will chime in...

Kommiefornia is a different animal.

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03-11-2015 08:11 PM
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lltrucker Offline

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Post: #4
RE: Any other CDL drivers get restricted due to OSA?
(03-11-2015 08:08 PM)retired_guy Wrote:  Sometimes we hear from truckers that are trying to "beat the system." In your case you are doing everything you are supposed to do, and doing it successfully, and they're giving you shixx?

I'm sorry about that lltrucker. It really doesn't make sense to me that they feel they can regulate commerce outside of their borders.

Good luck to you, and congrats for doing the right things.

Thanks, I think it has a lot to do with the great state of CA as Fed guidelines allow me to drive when well controlled.
(03-11-2015 08:11 PM)justMongo Wrote:  There are several commercial drivers on the forum. They have to show DOT compliance.
Some even have their CPAP machine in their sleeper berths.
I do not know if any are in CA. Hopefully one will chime in...

Kommiefornia is a different animal.

Yep, when I was driving over the road I had my Cpap in the sleeper. I have always had my Cpap downloaded and presented when going for my DOT exams.
(This post was last modified: 03-11-2015 08:56 PM by lltrucker.)
03-11-2015 08:54 PM
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Sleeprider Online
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Post: #5
RE: Any other CDL drivers get restricted due to OSA?
Get a lawyer. I'm not aware of a regulation or law that would allow California DMV to restrict your license for a medical condition that is treated. The CA DMV can issue restricted drivers licenses to drivers that do not submit the report of medical examination in accordance with Vehicle code Sections 12804 and 12804.9.

If my livelyhood relied on driving, I would reside in Nevada or another state that prevented me from making a living.

As far as I know, the applicable regulations are here: https://www.dmv.ca.gov/portal/dmv/?1dmy&...s#eleven_1 Any restriction that is not lawful cannot be imposed on you. Something sounds very wrong about your situation, but you have obviously been fighting this for a wihile.

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03-11-2015 09:24 PM
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lltrucker Offline

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Post: #6
RE: Any other CDL drivers get restricted due to OSA?
Thanks Sleeprider, yes I've been fighting this for a while! I have all the applicable code sections and I've talked to the Federal Motor Carrier Safety Administration. I have submitted a letter from the FMCSA to CA DMV, who seem to have ignored it!

Ca can restrict a CDL for OSA, however I don't think they can after it's been well controlled, which is the crux of the FMCSA letter.
03-11-2015 09:37 PM
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trish6hundred Offline

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Post: #7
RE: Any other CDL drivers get restricted due to OSA?
Hi lltrucker,
WELCOME! to the forum.!
Hang in there for more responses to your post and I hope you can get this straightened out.
Much success to you with your CPAP therapy.

trish6hundred
03-11-2015 09:39 PM
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lltrucker Offline

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Post: #8
RE: Any other CDL drivers get restricted due to OSA?
(03-11-2015 09:39 PM)trish6hundred Wrote:  Hi lltrucker,
WELCOME! to the forum.!
Hang in there for more responses to your post and I hope you can get this straightened out.
Much success to you with your CPAP therapy.

Thank you!Thanks
03-11-2015 09:48 PM
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