can i get a K restriction

Discussion in 'Questions From New Drivers' started by ad356, Dec 10, 2018.

  1. ad356

    ad356 Road Train Member

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    i was just wondering if it still available. my medical needs to renewed in march, and what's the point of renewing it? im not driving interstate and have little desire to drive over the road. im home daily and dont even go outside a 100 mile radius. what's the point of dealing with renewing my med card if i just get a K restriction. if i ever ended up needing an interstate license again, i just go and get a medical at that time. if i never leave the state, no point in having it. its possible i could spend the rest of my career just running local.
     
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  3. buddyd157

    buddyd157 Road Train Member

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    depends on the state.

    you really need to maybe go to your state DMV website, or go in person.
     
  4. ZVar

    ZVar Road Train Member

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    The way I read it, even with a K restriction, you will still need a med card. You can only be med exempt if you got your CDL before 1999 and fail an exam.

    Here it is from NY website. https://dmv.ny.gov/commercial-drivers/k-restriction

    Of course best bet is call the dmv and see if you can do it. See what it will take to remove the k also, if you can get it.

    Question though. Is it really that big a deal to go get an exam?
     
  5. Moose1958

    Moose1958 Road Train Member

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    Might be! ​




    §391.2 General exceptions.​


    (a) Farm custom operation. The rules in this part, except for §391.15(e) and (f), do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person engaged in custom-harvesting operations, if the commercial motor vehicle is used to—
    (1) Transport farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm; or
    (2) Transport custom-harvested crops to storage or market.
    (b) Apiarian industries. The rules in this part, except for §391.15(e) and (f), do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees.
    (c) Certain farm vehicle drivers. The rules in this part, except for §391.15(e) and (f), do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle, as defined in §390.5 of this chapter. For limited exemptions for farm vehicle drivers of articulated commercial motor vehicles, see §391.67.
    (d) Covered farm vehicles. The rules in part 391, Subpart E—Physical Qualifications and Examinations—do not apply to drivers of “covered farm vehicles,” as defined in 49 CFR 390.5.
    (e) Pipeline welding trucks. The rules in this part do not apply to drivers of “pipeline welding trucks” as defined in 49 CFR 390.38(b).



    Covered farm vehicle
    (1) Means a straight truck or articulated vehicle—
    (i) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;
    (ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;
    (iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
    (iv) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.
    (2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:
    (i) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in §390.39 anywhere in the United States; or
    (ii) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than 26,001 pounds may utilize the exemptions in §390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.
     
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  6. Cam Roberts

    Cam Roberts Road Train Member

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    Still need a med card bud. Get pulled over without one and you will be walkin home with penalties.
     
    Lepton1 Thanks this.
  7. Moose1958

    Moose1958 Road Train Member

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    For some reason I want to remember the OP was driving intrastate in NY. If so you might want to look at this.

    WEBSITE

    Excepted or Non-excepted driving
    Once you have determined whether you drive in Interstate commerce or Intrastate commerce, you must decide whether you drive (or expect to drive) in a Non-Excepted or Excepted status.
    Excepted (EI or EA) commerce is when you drive a CMV only for the following activities:
    • to transport school children and/or school staff between home and school, or
    • as a federal, state or local government employee, or
    • to transport human corpses or sick or injured persons, or
    • driving a fire truck or rescue vehicle during emergencies and other related activities, or
    • primarily in the transportation of propane winter heating fuel in response to an emergency condition that requires an immediate response, such as damage to a propane gas system after a storm or flood, or
    • in response to a pipeline emergency condition that requires an immediate response, such as a pipeline leak or rupture, or
    • in custom harvesting on a farm, or
      • to transport farm machinery and supplies used in a custom harvesting operation to and from a farm, or
      • to transport custom harvested crops to storage or market.
    • as a beekeeper in the seasonal transportation of bees, or
    • driving a vehicle that is controlled and operated by a farmer, and
      • the vehicle is used to transport agricultural products, farm machinery or farm supplies to and from a farm and within 150 air-miles of the farm, and
      • the vehicle is not a combination vehicle (power unit and towed unit), and
      • the vehicle does not carry any hazardous materials that are required to be placarded.
    • as a private motor carrier of passengers for non-business purposes, or
    • to transport migrant workers (CDL holder must be age 21 or older), or
    • you obtained your NYS CDL prior to September 9, 1999 and perform "Non-Excepted" commercial operation (except when transporting hazardous materials) in NYS only. If this applies to you, you must certify to Excepted Intrastate (EA).
    If you drive in one of the activities above, and it is the only operation in which you drive, you operate in Excepted commerce and you are exempt from the requirement to obtain a USDOT Medical Examiner's Certificate.
    Non-Excepted commerce (NI or NA) is when you drive for any purpose other than activities listed under "Excepted" above. You are required to provide a current USDOT Medical Examiner's Certificate.
    Note: If you operate in both Excepted commerce and Non-Excepted commerce, you must choose Non-Excepted to be qualified to operate in both types of commerce.
     
  8. ad356

    ad356 Road Train Member

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    the point is my boss isnt going to pay for it, its paying for something i dont need then
     
  9. buddyd157

    buddyd157 Road Train Member

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    uh...it's called a tax deduction, anything needed for work......

    i do it every time i get my DOT.....and work boots, pants, shirts, winter jacket, gloves, etc,etc....

    with the money you have claimed to be earning, you cry about spending it for the job..???
     
  10. Cattleman84

    Cattleman84 Road Train Member

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    I know it is still available... Last time I renewed the DMV accidently marked me with the K restriction... Luckily I noticed it before I left, and they fixed it.
     
  11. Blackshack46

    Blackshack46 Road Train Member

    Screenshot_20181210-193129.png
    Cant claim any of that, this coming tax season....

    Employee Business Expenses | H&R Block
     
    bottomdumpin and Just passing by Thank this.
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