Caught up in a dilema

[Malaki86]

I'm caught up in a dilema that I'm not sure how to get out of concerning dispatch and HOS.

Our dispatch has a problem about basically ignoring the drivers HOS regulations. They don't technically force drivers to run illegal, but they do push them to. As an example, a couple of months ago I had a dispatch that gave me a total of 16 hours to drive approximately 850 miles. This 16 hours was to get the load from the pickup time of 2pm with the delivery at 8am the next morning. This is pretty much the normal operating procedures where I work. This week I stayed out over the weekend for a long run. Yesterday, when I had 2hrs remaining on my 70hr clock and picking up 5 hours at midnight, they tried quite a few times for me to take a 700 mile run that delivered this morning at 7am.

I'm fairly content driving here. Even though the equipment isn't the best, I'm happy with my hometime (every weekend) and the fact that I know everyone that works for my company.

Now is where it gets rough. Who do I talk to about this? Our safety manager is also the vice-president of the company. So, if I go to him and complain, it'll end up getting back to dispatch who will in turn cut my loads. . I've seen it happen here a number of times in the past 3 years I've been driving for them. They've laid people off within a week or so of them complaining, with the excuse being not enough freight, even though every other one of our drivers are running nonstop. He's got a good reason to do it - if the drivers aren't pulling as much freight because they're running legal. If the company isn't making as much money, then he'll probably have to wait 2 years to buy his new Escalade instead of getting a new one next year. I've seen it happen here a number of times in the past 3 years I've been driving for them. They've laid people off within a week or so of them complaining, with the excuse being not enough freight, even though every other one of our drivers are running nonstop.

If I go to the DOT, I then have to worry about them going in and doing audits. It'll not only screw me with my doctored logs, but with every other one of our drivers. There's been many, many times where I talked to other drivers here and they've all said that their logs are pretty much a 100% lie.

I'm just wanting opinions on what other drivers would do in this situation.

[devildice]

I can relate to the fact that you are content there with the exception of this issue. If it were me, I would make sure that dispatch knows what my available hours are and that I will not run illegal. If they start playing games like the ones you mentioned, I'd start looking for employment else where. I know this is easier said than done, especially from my point of view, but with this new CSA 2010 system getting ready to start it's just not worth it (not that it ever was for me) to run illegal.

Just my 0.02 worth.

[freebirdrfd]

I would drop a dime to the D.O.T. and let the chips fall were they may.......... The D.O.T.'s not gonna be worried about you and the other drivers lieing on your logs

[Ridge Runner]

Mal,

I really do feel for you and your situation. I'm afraid to say that this is all too common a problem in this industry. It seems that you have given this a lot of thought as you mention several ways things could work depending on what you do. It was also good to hear that you even thought about your fellow drivers and what it could do to them.

There is no rush to make a decision overnight about how to proceed. What you decide may affect the lives of many others besides yourself. Please keep in mind that also what you don't do may also affect the lives of others. I don't have to tell you or anyone else here what happens when a driver is pushed beyond his/her limits.

Like you didn't have enough pressure on you already . You've come to the right place to get others input and ideas. Only you can sort them out and come to a decision that YOU can live with.


Ridge

[dle]

If it was me, I would start doing an active job search. Just keep in mind that there are a number of companies that do the same thing. Keep in mind the saying that the grass grows greener over the septic tank.

Then on the loads they give you say to them that you cannot deliver legally as specified, but that you will be happy to deliver so-so time that is legal. Use the q/c as much as possible. If they insist on calling to discuss the illegal loads tell them to send the info to your q/c and that the q/c conversation is the official conversation record.

Is your company one of those that will have to start electronic logging?

[Malaki86]

As far as I know, we're not targeted for the electronic logging as of yet. The funny thing is that at every safety meeting (2x per year), the vp/safety manager says the same thing: run legal. But, when someone brings it up about the dispatch methods during the meeting, they say nothing.

I'm already job-hunting. I really don't want to go back to the 2-3wk out at a time, and I know my wife doesn't want me to either. But, in my area, there are literally no jobs to be found, short of a 16hr per week gig at Wal-Mart.

Thanks for the replies everyone.

[VPIDarkAngel]

As far as I know, we're not targeted for the electronic logging as of yet. The funny thing is that at every safety meeting (2x per year), the vp/safety manager says the same thing: run legal. But, when someone brings it up about the dispatch methods during the meeting, they say nothing.

I may be looked at as playing devil's advocate here, but electronic logging *may* help with some of the issues y'all have. It's certainly not foolproof, but it can often give a driver some leverage when dispatch tries to force a load out that would cause a driver to go into violation.
I agree with some of the folks here in that you should keep your dispatcher informed of your available hours (preferably over the Qualcomm) so they *can* match you with a proper load that you can legally run. Even with electronic logs, I've had the same situation pop up with me before. Sometimes, they'll yank the load, sometimes they'll keep you under the load and send a canned message ("Keep load moving utilizing legal hours if conditions allow...") to push you.
Your decision to go job hunting is probably a wise one, and I wish you luck with that.

[Windwalker]

Will someone kindly tell me what happened here? Where are all those that would condemn Malaki for running like that? Run legal, regardless what. Where are they?

DarkAngel, it's fine to let dispatch know what your hours are. But how do you know they even look at them? I worked for a small company in WI that required you to send in the HOS everyday. Then, dispatch would give you a run that you could not make, and the owner of the company stated that "THE PEOPLE THAT MAKE OUT THE BEST ARE THOSE THAT MAKE THE MOST EFFICIENT USE OF THEIR LOGBOOK".

The company I'm retiring from used to, if a driver let them know he/she was out of hours, give the driver runs of no more than 800 or 900 miles a week. Then, as a result of a DOT audit, they got a $600,000 fine, and if they cleaned up their act, the following year, that fine would be erased. If they did not, the fine would go up X 10. That would have put the company out of business. Not only the trucking business, but the cold storage and all would go under. Before that, they didn't even care if you logged fueling on the same day, much less within one hour. Today, dispatch is far more legal than ever. They got their fine dropped a year ago, but drivers that aren't able to match fuel/toll times are still being let go. One dispatcher still told a driver to run, and the dispatcher was let go.

When DOT came in last time, they even matched driver's cell phone records to the logs. If the log showed you in Richmond, VA, your cell phone had better be there too. And, ATM records too. The last time they came in, they were very thorough. The company passed, and dispatch has been operating under a different set of rules ever since.

DOT isn't stupid. They know that a lot of drivers are operating "under the gun". And, they are not afraid to put a company out of business for it, but more likely, they will come up with some kind of incentive to make the company operate within the limits.

[Useless]

I'd call "the federal marshal" on their asses!!

[repete]

I'd call "the federal marshal" on their asses!!

Before you commit your self like this (haha) see if you can some how wrangle a "good boy" letter from them, it can help in getting another job AND keep them from slamming your DAC. You just have to figure a way of getting it with out tipping them off, Good luck

[zipy46]

You can call into your local Motor carrier safety office and discuss whatever is 'on your mind'

and remain anonymous.

They will most likely ask you how you have come into whatever knowledge you might be divulging to them.

They don't want complainers....to launch an investigation into a Motor Carrier is a big deal

and very time intensive.

How do I know this ?

You can write the officers at 'Ask the Law' and they will respond to whatever you ask.