drivers are left holding the bag.

[truckersteve]

I have been driving now for 2.5 years and all I keep hearing is how there is a driver shortage. Wonder why that could be? I have had 2 accidents that I am trying to get past. The first one was when my fleet manager set me up with trips that there was no way you could stay legal with D.O.T. The second one happened on a trip that I told my dispatcher that I was out of hours and need to take a break. I was told that I was to pick up the load and then take a break. Well needless to say I was fired after the accidents. Now after a year I have just found out that both companies reported to DAC that they would not rehire me and then to top it off there was a comment made that I had late pick-ups and deliveries. So now this information is also on my DAC. So why is there a shortage- the industry is chasing more drivers away than they can get. The famous saying that we do not have forced dispatch is true, if you do not take the load they park you in a truck stop and say there is no loads available. So these companies can say and do what theywant and when something happens then it is the drivers fault! Any comments on this or a way to get it straightened out?

[greengator]

I haven't started driving yet. But I understand that the driver has the last word on taking a load or not.

[Uturn2001]

I haven't started driving yet. But I understand that the driver has the last word on taking a load or not.

Yes and no. A driver who considers himself or his equipment to be unsafe or illegal to operate does have the responsibility to take themselves or or the equipment out of service until the "defect" is corrected. A dispatcher also has this same responsibility though few will excercise it.

If you are working for a "forced dispatch" company then the only time you may refuse a load as dispatched is if doing so would be a violation of FMCSA regulations.

The few companies that do offer non forced dispatch for company drivers usually have a first in, first out policy and if you turn down a load you go to the bottom of the list for available loads which can sometimes mean a wait of a day or more if there are not many loads in the area compared to the number of available trucks.

===============================================
Non-rehirable on your DAC, not a real big deal.
Late pickup/delivery not a real big deal.
2 accidents in 2 years. Big deal.

I have had 2 accidents that I am trying to get past. The first one was when my fleet manager set me up with trips that there was no way you could stay legal with D.O.T. The second one happened on a trip that I told my dispatcher that I was out of hours and need to take a break. I was told that I was to pick up the load and then take a break.

I think if I couldn't be legal or if I was out of hours I would have parked it. What could they do to you.....fire you? Hell, they fired you with two accidents but before it would have been no accidents. Poor decision on your part.....if it was no force dispatch waiting would have been the better game plan....worse case 34 hour restart.

For someone who has been driving for 2.5 years.....poor decision on your part. I also see you worked for two different companies in that time span? Don't think you can get this off of DAC.....you had the accident you drove illegally.....your mistake.

[GMAN]

You can always put a letter of explanation in your DAC file. The problem you have is that you had 2 accidents. You could challenge any information which is incorrect, but if the information is valid then the only thing you can do is wait until it comes off or find a company which doesn't use DAC.

[Uturn2001]

the only thing you can do is wait until it comes off or find a company which doesn't use DAC.

Probably would not do any good since any trucking company he applies to is required to verify his employment info and when they contact the trucking companies he has worked for it would be a very simple matter to relate any and all safety issues.

[Highwayman]

The first one was when my fleet manager set me up with trips that there was no way you could stay legal with D.O.T.

You had the legal and ethical obligation to refuse that load. You chose to disregard the law and common sense and you paid the price.

The second one happened on a trip that I told my dispatcher that I was out of hours and need to take a break. I was told that I was to pick up the load and then take a break.

Again, you should have refused and you would have had the law behind you.

Well needless to say I was fired after the accidents.

And this is one of the reasons you should have refused to run illegally. What would they do to you? Fire you? You could have turned around and sued them if they did - firing a driver for refusing to violate HOS regulations is illegal.

As it was, when you got into the wrecks, they fired you anyway, only now you have no legal leg to stand on in terms of recourse.

So why is there a shortage- the industry is chasing more drivers away than they can get.

The industry didn't chase you away - you screwed yourself willingly and voluntarily.

The famous saying that we do not have forced dispatch is true, if you do not take the load they park you in a truck stop and say there is no loads available.

At which point you go find someone else to work for. Preferably in another line of work. Oh wait, I can't say that, because according to some people here, trucking is so great. Never mind.

So these companies can say and do what theywant and when something happens then it is the drivers fault! Any comments on this or a way to get it straightened out?

In everything you do but especially in trucking, the rule is CYA - COVER YOUR ASS! It is better to be fired or starved out because you refused to violate HOS rules or drive while tired than it is to be fired for getting in a wreck. If you get fired for refusing dispatch, you can get another job driving some other morons truck tomorrow. If you get fired because you wrecked, you are SOL.
When push comes to shove, no truck company is going to stand behind you. They will screw you in a heartbeat because they know (thanks to the "driver shortage") that they can find someone to replace you before the drivers seat in your truck gets cold.

So CYA, protect that CDL regardless of who screams at you. Otherwise, when you wreck, you are out of a job and maybe out of the business, but your dispatcher keeps his job and insurance buys the company another truck. Your employment file gets put in a warehouse under the heading "SUCKER", only to be accessed when another company calls for references.

[Fozzy]

This is why we have these discussion boards. There are those of us who clamour on and on about staying legal and staying out of the dispatchers "good little driver" club and we are usually told that we "just don't get it", "aren't real drivers", "Should stay on the porch" and other less savory things. The FACT is that if you let a dispatcher make your rules up for you, you will be popular and make more money than the "other guy". The problem is that the club has a revolving door on it. The drivers get tired, fatigued and start taking shortcuts on their own lives. Personal health suffers, accidents insue and then the driver finds themselves out of work or worse yet, in prison for manslaughter. The dispatcher and the company turn theit back on their little favorites faster than a speeding bullet and the next candidate is brought into the fold of the dispatchers little private club... WHO NEEDS IT!

[Windwalker]

Back in about '94, on U S 41 in WI, a drunk crossed the median, glanced off the back of a truck and killed a passenger in the car behind the truck. The truck driver was just a little over 1/2 hour over on his 70 because of getting hung up in construction in Milwaukee. He did not make it to the nearest truck stop going north.

If he had been on his break as required, the drunk driver would not have been drinking, he would not have crossed the median, the accident would not have happened, and no one would have died. The driver was "DIS-OWNED" by the company. Got to spend the next five years in prison for "felony manslaughter", and lost everything he ever had. Will never drive a truck again.

Still think you will drive illegal?

[spiritualquest]

I always carry lots of Bungee Cord, Zipties, duck tape, baling wire etc... because you never know when you need them.

I am always upfront with my dispatcher, customer service etc... about loads.. you have the obligation to stop if you are tired and no one can disagree with you. So take the load and tell them upfront that you do not think you can make it in time. If you have any problems with your truck always document it with maintenance. Leave a paper trial. It may not always seem to be up to the driver but the responsibility always lies with the driver. If you are vulnerable enough to allow customer service or your dispatcher to bully you than for the sake and safety of the American public choose another profession.

As for DAC a company can put whatever they want there and you really can't do jack about it. It doesn't have to be the truth. The industry is a lot smaller than you think and if you get black-balled you are black-balled.

I have this thing about always doing the right thing and sometimes I am a bit too honest. So I am sure one day I will be black-balled. But until then I will love my job, be as safe as I can be and enjoy my job.

The majority of people that come into this industry quit there first month after training they realize that it is a lifestyle, the job is not that tough but the lifestyle can be. There may be a shortage of drivers but there will never be a shortage of students. The job pays just well enough to draw a constant crowd.

The companies also have this hope that they can get the Mexicans to pick up the slack for peanuts but the truth is Mexicans are all about family and being away from family constantly as much as this job demands is not a winning situation. Also once they are legal to work in the US they have lots of other options too...

[Martin.Lindquist]

In an accident....Truck Drivers are presumed Guilty until we can prove ourselves innocent!....... Sucks...doesn't it?

If your company wants you to run illegal...tell them to blow it out thier AS@! In an accident, They may get sued in a trial...but you'll go to jail!

If they fire you...there are alot of other companies out there, looking for good drivers!

There is no load worth dying for....or screwing up your life and your families lives for!

I,ve done this for a long time and have learned!

Two accident in 2.5 years????

Why do you think OOIDA is going after DAC so hard right now. DAC can put anything they want into our reports and refuse to correct them even when faced with a court order. My DAC from Mikey Millis show I laugh at this 6 service failures and 3 accidents with them and yet the dates listed are not even from the days I was working with the company.

[geeshock]

not saying that I'm always by the book or in compleate compliance with the rules but if I take the load I bear the toll, as well as when I decilne a load. I've done both, but only after much thought

[Fozzy]

Why are they after DAC? It's an informational and background reporting service. DAC doesn't put ANYTHING on paper that is not given to them by the company. If you have a greivance, get lawyered up and go after them... of course most of the reports have merit and the problem is that there is a service that a trucking company can use to protect itself from bottom feeders.

[kc0iv]

Why are they after DAC? It's an informational and background reporting service. DAC doesn't put ANYTHING on paper that is not given to them by the company. If you have a greivance, get lawyered up and go after them... of course most of the reports have merit and the problem is that there is a service that a trucking company can use to protect itself from bottom feeders.

OOIDA filed suit on the following points:
Specific language that OOIDA is challenging in its complaint includes the phrases "company policy violation," "unsatisfactory safety record," "excessive complaints," "cargo loss," "equipment loss," "quit/dismissed during training/orientation/probation," and "not eligible for rehire."

In a nut shell DAC created the form used by the carriers and the complaint claims there is no way can understand what the phrase(s) means. Example what does the phrase ""quit/dismissed during training/orientation/probation" mean? Did the driver quit? Was he fired? Did he leave during training? During orientation? During probation?
No one knows by reading the DAC report.

The same goes for the other phrases.

As far as being an independent reporting service. Look at the address of DAC. USIS's District of Columbia office was opened in 2002 within the ATA location there.

kc0iv

[GMAN]

OOIDA lost that lawsuit. The problem with employment information available in DAC is that it is too general to be of much value. What about the one that DAC reports that an employee's work history is "satisfactory," but "not subject for rehire?" That doesn't even make sense. If I saw that I would think that the employee is not suitable for hiring. Information in DAC is too general. It should be more specific. I think one reason why it is so general is that employers are tired of being sued by disgruntled employee's. Employer's have been sued for telling the truth and sometimes for not telling the truth. I would like to see more specific information placed in DAC, if it is to be used as a hiring tool. There are some who receive satisfactory points on DAC who should never have been allowed in the business. There have also been some inequities where drivers have been unjustly blackballed. You have a right under the Fair Credit guidelines, to place a letter in your file explaining any untruths or things which you feel are unfairly reported. Until DAC changes the way in which information is reported, that is about your only alternative.