lwpat
New Member
Posts: 28
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Post by lwpat on Mar 30, 2004 17:59:43 GMT -5
I'm trying to help a driver who attended school out of his home state. He used the motel as his residence to take the driving test and get his CDL.
He never had his license changed and now it has been suspended because of residency. Anyone else had a similar problem and have any advice? The school will not help.
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Post by truckertom on Mar 30, 2004 21:39:40 GMT -5
If the school set it up that way, then sue them......
If more schools were to be envolved in lawsuits, there would be less of the "Gypsy" element to them. They need to be held accountable for what they agree to do for the student. Most of the time, they go bankrupt in one state only to set up the same thing in another.
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Post by Scott on Apr 22, 2004 7:03:36 GMT -5
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Post by Cougar on Aug 23, 2004 10:55:46 GMT -5
Make sure if you fill out the legal forms, or have your attorney do it, that you include the
Owers names, any parters and the name of the company and add [ et al ] on the end of the list of defendents.
[ latin; it means; And Other Persons] Even if you don't know their name, it will include them in the suit later, if they were part of the company and/or business at the time.
example;
JOHN DOE & JANE SMITH dba; XYZ COMPANY INC. et al
In most States, but your could be difference! Small claim court , [under $3,000] and civil suits up to $15,000 you can only sue for amount of actual lost.
However, that could include Tuition, motel cost, and any transportation to the school. Meals and food would not be included, because you would have to eat, even if you had not went to school. Therefore, not a lost.
Dig out all your receipts, you'll need proof of the cost.
Good luck
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Post by Fozzy on Aug 23, 2004 16:00:59 GMT -5
Now wait a second guys...if this guy didnt change his residency and was popped for it, Why blame the school? This is pretty much devil's advocate on my part, But if the student was found to have not been residing in the state where his license is from, and he's not changed to his home domicile in the required time....It's no ones fault but the driver's.
Fozzy
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Post by Pelicn on Aug 23, 2004 20:07:05 GMT -5
I have to agree with Fozzy. Why is it the schools fault? My hubby took his test in Wisconsin and used the address of the terminal. Since we live in North Carolina, during his first trip home, getting his license changed was the first priority.
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Post by Cougar on Aug 26, 2004 10:57:36 GMT -5
I guess the first question should had been; #1; How long has it been between the time he received his CDL's and until the state cancelled his license?
#2; How long does your state's allow, before you are required to transfer your license?
#3; Why didn't he transfer his license?
#4; Why not just retest in his residence state?
Further information in reference to my earlier post!
If a person sues and loses, the court can order the losing party to pay the winners parties legal fees. Including attorney fees.
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Post by truckertom on Aug 29, 2004 13:57:04 GMT -5
One problem is giving the Motel as an address, that takes the school out of the responsibility loop. If the school lets the strudent give the schools address to get their license, then they are involved.
The next is how much did the school stress changing their CDL when they went home? If the school did not communicate the risks of not changing the license over, then the school needs the be held responsible for that. If the student did not listen or read his agreement, then it is his fault. And that is possible. We have students that get washed out all the time who sleep in the classroom part of the school.....Why? Because that is not important to them, but two weeks later when they cannot pass their General Knowlege test, who's fault is that? But who is the student going to blame?
And going to court is not an admission of guilt for the school, it is a chance to defend themselves. And if they win and are not held responsible for the suspended license, I bet they would do a better job of communicating the students responsibilities in the future.
You see, as time goes on, schools get slothful. They start out with a bang wanting to do things better than anyone else, then in time they slack off. They get lazy. Next thing they stop teaching students how to slide the tandems up and back. They justify it with by saying "the company they go to work for will teach them all that." Then next thing you know, they are not teaching them how to parellel park an 18 wheeler anymore, they start taking them to a DMV (DPS) that passes a student even though they cannot parellel park a rig right. Next thing you know, they are doing what I call a readers digest brake test....that is where the student is no longer holding the test out for the required 60 seconds. Why? Because the instructor is in a hurry to get the cafe' where he eats breakfast every morning. Instead of teaching people how to drive, he is teaching them how to drink coffee and eat pancakes.
And later on, when the state shuts down that school, they all scratch their heads and blame someone else for their unemployment. But a year later, someone starts a new school in the idea to be the best school that ever came down the pike. And all the instructors from the once failed school applies at the new school, and for awhile they do a good job....until they get comfortable. Then the process starts all over again....and again...and again.
There is a reason that driving schools have the reputation they have. The term "CDL Mill" was invented for schools who want the money, but not the task of teaching folks how to drive. And if they don't do the small things right, what chance do they have of doing the big things right?
Coffee anyone?
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Post by kreeper on Nov 30, 2004 13:58:44 GMT -5
The school isn't generally at fault if there are no dorms on the property where the school is located. Usually, some companies will give you 30 days from the time you start with the company to get your CDL changed. Once you get home time, make a B line straight to the nearest DMV.
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