Drivers Beware of Company Procedures

[ssoutlaw]

You guys can interpret anyway you see fit, but there is a legal fight as to being off duty, and what you are responsible for! If some of these a#s kissers would stand up to this industry maybe things would change, but I think not. This is the way its been for a long time and no one can stand together! The poster tells dispatch he is going " off duty" They know where the truck is, This is what the poster has told us, and there is no reason not to believe him! They tell him "OK" Now someone felches from the load and they now want someone to be at fault and recoup their loss. Hey why not take the drivers bonus, we will just say he was not allowed and was not given permission to do it! Our word against his. The drivers wont say anything, they are a bunch of cattle and we can lead them anywhere we want to!
Now his log book shows he is in his home town, I wonder what he is doing there? Maybe he is "Off Duty" and spending time with his family, you think?
If you are responsible for the load, how can you go off duty. How should you log this to be in compliance with the law? You see what I getting at? Should a company be allowed to take even a bonus and we should just sit and let it happen, I think not! If you work for a company, and they LET you live a measurable distance from their yard, They need to LET you go home, and if they want, as it is their right to have the equipment at the yard, then they can pay for the deadhead. Why should we pay to get ourselves home? I wont work someplace that wont let me take the truck home, during my home time unless the yard is in my home town. Now you PRO COMPANY kiss a##ers who think you know everything tell me how a lawyer and a judge COULD interrupt this:



395.8 (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

http://www.fmcsa.dot.gov/rules-regul...?section=395.8


Having to look out for your load could be interpreted as work to me, and I bet you could find a judge and a lawyer to feel the same way!!!
Now why should the driver be responsible for everything, and the company SKATES? I got it, when the company doesn't have a load for us for, lets say 30 hrs, lets spend all that time on line 4 of your LIE book, so we can play security guard for their equipment! Hah Hah Hah.. Hell we would never get any work done with the 2 jobs they want us to perform....lol....
Now to the guys who want to point their fingers, get a little time in the seat, and get your nose out of you know where, and demand more consideration in certain parts of this industry.
My RANT is over, we will return you to your program already in progress!!!!!!!!!

[Mars]

Guys what ****e on this guy for standing up for what he believes is right? It's not like he was driving the truck, left his keys in it and did not lock the doors while taking a shower at a T/S anywhere, He was cleared by dispatch as OFF DUTY, his responsibility was done. Granted we do have a big responsibility when we are on duty for the truck, load, and the safety of others on the road.

Some of you may think he showed bad judgment, but based on the rules he was taught he feels that he has been wronged.

Who knows his actions in court may have a benefit for all of us. Now if we would all join together when we get jerked around by trucking companies or ****ty truck stops we can actually make a difference in how we get treated.

[glasman2]

You are not required to sleep on the jobsite in construction, that is why there is always a security service at jobsites. Am I wrong?

Yes your are wrong, very few sites have any security other than maybe a fence. I have slept on job sites ( in my motor home ) if the job was more than 70 miles from home.

Ok you are forgiven.

Not that I need your forgiveness, but you are forgiven to. :wink:

Why do you think the U.S Goverment requires all ammo for the Milatary be carried by teams that way there is always someone in the truck at all time. I carried a few high value loads that make copper look cheap. My dad and I carried one load valued at over 8 million bucks one time with 4 Federal seals on the door Overaxle could not get it legal and some rookie officer in Ohio decided to try to cut to cut the seals off and see what we had on. We ended up late with the city of Phiilys food stamps thanks to that dang officer that month.

[ronjon619]

The local police department was called and a request was made to watch the load as often as they could.

I don't know too many PD's that would take that request seriously. Our company lost a truck full of Audi's while the driver slept in his motel room. He woke up the next day and his truck was gone. The other driver is right. If someone wants your stuff, they will find a way to get.

[Cluggy619]

You guys can interpret anyway you see fit, but there is a legal fight as to being off duty, and what you are responsible for! If some of these a#s kissers would stand up to this industry maybe things would change, but I think not. This is the way its been for a long time and no one can stand together! The poster tells dispatch he is going " off duty" They know where the truck is, This is what the poster has told us, and there is no reason not to believe him! They tell him "OK" Now someone felches from the load and they now want someone to be at fault and recoup their loss. Hey why not take the drivers bonus, we will just say he was not allowed and was not given permission to do it! Our word against his. The drivers wont say anything, they are a bunch of cattle and we can lead them anywhere we want to!
Now his log book shows he is in his home town, I wonder what he is doing there? Maybe he is "Off Duty" and spending time with his family, you think?
If you are responsible for the load, how can you go off duty. How should you log this to be in compliance with the law? You see what I getting at? Should a company be allowed to take even a bonus and we should just sit and let it happen, I think not! If you work for a company, and they LET you live a measurable distance from their yard, They need to LET you go home, and if they want, as it is their right to have the equipment at the yard, then they can pay for the deadhead. Why should we pay to get ourselves home? I wont work someplace that wont let me take the truck home, during my home time unless the yard is in my home town. Now you PRO COMPANY kiss a##ers who think you know everything tell me how a lawyer and a judge COULD interrupt this:



395.8 (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

http://www.fmcsa.dot.gov/rules-regul...?section=395.8


Having to look out for your load could be interpreted as work to me, and I bet you could find a judge and a lawyer to feel the same way!!!
Now why should the driver be responsible for everything, and the company SKATES? I got it, when the company doesn't have a load for us for, lets say 30 hrs, lets spend all that time on line 4 of your LIE book, so we can play security guard for their equipment! Hah Hah Hah.. Hell we would never get any work done with the 2 jobs they want us to perform....lol....
Now to the guys who want to point their fingers, get a little time in the seat, and get your nose out of you know where, and demand more consideration in certain parts of this industry.
My RANT is over, we will return you to your program already in progress!!!!!!!!!

Correct me if I'm not wrong, but this is DOT instruction on how to fill out your logbook.

Now if you can find a part in the DOT laws that state the driver is no longer responsible for his load just because he goes off duty, I would like to see it.

And I would also like to see you tell your company that you are not responsible for any load that you happen to have while you go off duty. And I would like to see their response.

Because if it was my truck, and my insurance, I would have a new driver.

[Cluggy619]

And one more thing. I don't give a rat sh#t about any company. But when I pick up a load, and I don't care if it's a high dollar load, or a load of horse sh#t, I take personal responsibility in making sure it gets to it receiver's location. And I'm not about to shirk that responsibility just because I want to go home.

And I don't whine on some board when I fail to deliver, and that company hold me responsible.

[homer]

you are the only one at the location where the load was parked.the manager and dispatcher did not drive over there and check it out.you generated a bill of lading and received that load and its yours til its delivered. its tough trying to get home sometimes.good luck when you start taking legal action against a trucking co.most lawyers aint gonna touch that.they can collect the insurance and make you pay for the load too.i work for a 200 truck company and they have 5 fulltime lawyers preventing losses and dealing with claims.you better get a second mortgage so you can get a good lawyer and if they dont take care of you right away theyll drag it out for years.do not threaten legal action just do it

[ssoutlaw]

You guys can interpret anyway you see fit, but there is a legal fight as to being off duty, and what you are responsible for! If some of these a#s kissers would stand up to this industry maybe things would change, but I think not. This is the way its been for a long time and no one can stand together! The poster tells dispatch he is going " off duty" They know where the truck is, This is what the poster has told us, and there is no reason not to believe him! They tell him "OK" Now someone felches from the load and they now want someone to be at fault and recoup their loss. Hey why not take the drivers bonus, we will just say he was not allowed and was not given permission to do it! Our word against his. The drivers wont say anything, they are a bunch of cattle and we can lead them anywhere we want to!
Now his log book shows he is in his home town, I wonder what he is doing there? Maybe he is "Off Duty" and spending time with his family, you think?
If you are responsible for the load, how can you go off duty. How should you log this to be in compliance with the law? You see what I getting at? Should a company be allowed to take even a bonus and we should just sit and let it happen, I think not! If you work for a company, and they LET you live a measurable distance from their yard, They need to LET you go home, and if they want, as it is their right to have the equipment at the yard, then they can pay for the deadhead. Why should we pay to get ourselves home? I wont work someplace that wont let me take the truck home, during my home time unless the yard is in my home town. Now you PRO COMPANY kiss a##ers who think you know everything tell me how a lawyer and a judge COULD interrupt this:



395.8 (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

http://www.fmcsa.dot.gov/rules-regul...?section=395.8


Having to look out for your load could be interpreted as work to me, and I bet you could find a judge and a lawyer to feel the same way!!!
Now why should the driver be responsible for everything, and the company SKATES? I got it, when the company doesn't have a load for us for, lets say 30 hrs, lets spend all that time on line 4 of your LIE book, so we can play security guard for their equipment! Hah Hah Hah.. Hell we would never get any work done with the 2 jobs they want us to perform....lol....
Now to the guys who want to point their fingers, get a little time in the seat, and get your nose out of you know where, and demand more consideration in certain parts of this industry.
My RANT is over, we will return you to your program already in progress!!!!!!!!!

Correct me if I'm not wrong, but this is DOT instruction on how to fill out your logbook.

Now if you can find a part in the DOT laws that state the driver is no longer responsible for his load just because he goes off duty, I would like to see it.

And I would also like to see you tell your company that you are not responsible for any load that you happen to have while you go off duty. And I would like to see their response.

Because if it was my truck, and my insurance, I would have a new driver.

395.8 (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

Yea this is meant to show how to log off duty. Off duty means you have no responsibility to your job

""is not required to be in readiness to work, or is not under any responsibility for performing work. ""

You missed the point a long time ago, you go ahead and take all the responsibility and get nothing in return.
When they jack your load while your taking a shower or eating, or taking a crap in the T/S remember its your fault, and don't Jip the company of any money to pay for the stolen load.....lol...lol. Whats the difference if you go in the T/S. go to the Motel, or go home, get off your soap box.....

[ssoutlaw]

you are the only one at the location where the load was parked.the manager and dispatcher did not drive over there and check it out.you generated a bill of lading and received that load and its yours til its delivered. its tough trying to get home sometimes.good luck when you start taking legal action against a trucking co.most lawyers aint gonna touch that.they can collect the insurance and make you pay for the load too.i work for a 200 truck company and they have 5 fulltime lawyers preventing losses and dealing with claims.you better get a second mortgage so you can get a good lawyer and if they dont take care of you right away theyll drag it out for years.do not threaten legal action just do it

When you sign for the load, it doesn't mean you take anything more than reasonable care, besides its a paper trail. Why would any driver in their right mind take on financial responsibility for a shipment and not reap any of the profit?. Please tell me, if your truck is stolen while you are paying for fuel, are you going to pay for it with the .40cpm they are paying you???

[fasttruck]

""is not required to be in readiness to work, or is not under any responsibility for performing work. ""

This is what i was saying as far as how does this driver take a restart and also be responsible for the load at the same time??

[ssoutlaw]

""is not required to be in readiness to work, or is not under any responsibility for performing work. ""

This is what i was saying as far as how does this driver take a restart and also be responsible for the load at the same time??

You cant, you must use reasonable care, but you must dot your I's and cross your T's with what your company will let you do. Record your conversation!!

[homer]

scoutlaw.they gonna give me a new truck and trailer.i would not try to sue them over some bonus.i would lose.my reference to financial responsibility refers to what can happen when you lose in court.they can collect from you and likely would if you filed suit over something like that.you could wind up paying their court cost too.my first post stated i would give two weeks notice and find a job situation that would work out regarding getting home and parking.im sure the legal department keeps these companies in business despite drivers having accidents and losses.if you had a serious injury they probably would settle out of court.good luck with the court thing

[mowman]

The dispatcher knowing about it and not having a problem with it is a lot different than the dispatcher taking responsibility for it.

It sucks, but it's what it is and it's not going to change.

If it's stolen at your company's terminal - it's on them. No lawyer's going to take that case - and no company's going to publicly admit their facilities are not secure.

I don't think it will be different at any other company. They'd have to inspect every parking spot drivers wanted to use to assume liability.

[ssoutlaw]

scoutlaw.they gonna give me a new truck and trailer.i would not try to sue them over some bonus.i would lose.my reference to financial responsibility refers to what can happen when you lose in court.they can collect from you and likely would if you filed suit over something like that.you could wind up paying their court cost too.my first post stated i would give two weeks notice and find a job situation that would work out regarding getting home and parking.im sure the legal department keeps these companies in business despite drivers having accidents and losses.if you had a serious injury they probably would settle out of court.good luck with the court thing

If you read my posts, I'm not talking about suing for the bonus.If a dispatcher tells you you may leave the equipment, they take the heat for it. Record your conversations!!!! From your posts it sounds like you have little experience in trucking so far, not that this means anything, meaning you saying you have never driven in snow in a T/T. So lets say they give you that new truck and trailer, you go into the truck stop and shower or whatever and your truck is stolen, are you responsible for payment to the company for their new truck, Why not or why are you. Lets say you have way to much time to run a load and your company tells you to go to the motel, and your trailer is broken into are you going to pay for the loss, if you do, in my opinion you would be a moron for it!
So far you guys are flapping your gums and not answering my questions to you! So answer the questions, so we can continue the debate!

[Snowman7]

Well ssoutlaw this time you and i agree! Loss and risk are a part of being in business. The driver took reasonable care short of babysitting the truck all weekend. And any company that expects me to do that can kiss my *****. He doesnt get paid enough to give up his weekend. The company knew the value of the load and told him it doesnt require tarping. I'm not married to the truck or the company. :dung: happens and he didnt do anything wrong. If he had been on duty and left the truck to get drunk in a bar or something then he was negligent.

[Cluggy619]

Well, let me jump back on this soapbox for a moment...

We are not talking about leaving a T/T at a truckstop so you can eat, shower, whatever. At least at a truckstop, the T/T being parked are around other trucks, and a less of a chance that someone is going to jack with the load. Hell, we are not even talking about leaving the tractor at all.

What he did is to leave his load out in the open in a parking lot with nothing around it. Why not paint a sign saying "Steal my stuff, PLEASE".

And I'm not buying the idea the company said "go ahead, and leave it there." And no-one else is either. Did the company tell him to leave it there? Maybe. Could he have found another place to put it? Of course.

ssoutlaw, you seem to be defending this driver alot. Do you know this driver? If so, then I understand. Otherwise, I feel that maybe you have personal knowledge of things falling out of the back. So did this happen to you? 30 years in the business, it would be hard to believe that it has not. But does it still happen? One must wonder.......

Still, I don't feel like we are given all of the facts around this.

Quote:

""is not required to be in readiness to work, or is not under any responsibility for performing work. ""

This is what i was saying as far as how does this driver take a restart and also be responsible for the load at the same time??

You cant, you must use reasonable care, but you must dot your I's and cross your T's with what your company will let you do. Record your conversation!!

This is your quote, ssoutlaw. And I, for one, don't beleive that reasonable care was given.

Soapbox is now yours.

[ssoutlaw]

Well, let me jump back on this soapbox for a moment...

We are not talking about leaving a T/T at a truckstop so you can eat, shower, whatever. At least at a truckstop, the T/T being parked are around other trucks, and a less of a chance that someone is going to jack with the load. Hell, we are not even talking about leaving the tractor at all.

What he did is to leave his load out in the open in a parking lot with nothing around it. Why not paint a sign saying "Steal my stuff, PLEASE".

And I'm not buying the idea the company said "go ahead, and leave it there." And no-one else is either. Did the company tell him to leave it there? Maybe. Could he have found another place to put it? Of course.

ssoutlaw, you seem to be defending this driver alot. Do you know this driver? If so, then I understand. Otherwise, I feel that maybe you have personal knowledge of things falling out of the back. So did this happen to you? 30 years in the business, it would be hard to believe that it has not. But does it still happen? One must wonder.......

Still, I don't feel like we are given all of the facts around this.

Quote:

""is not required to be in readiness to work, or is not under any responsibility for performing work. ""

This is what i was saying as far as how does this driver take a restart and also be responsible for the load at the same time??

You cant, you must use reasonable care, but you must dot your I's and cross your T's with what your company will let you do. Record your conversation!!

This is your quote, ssoutlaw. And I, for one, don't beleive that reasonable care was given.

Soapbox is now yours.

http://www.classadrivers.com/phpBB2/...=232123#232123
This is what I said in another thread:

""t would be hard to believe that any company would say in there rules you are responsible for theft of your load or any part of it when you are off duty. Even if you signed something like this, it wouldn't be worth the paper it was written on.
I had a similar problem a few yrs back. My sister lives in CA and I would drop the trailer at a home depot, with the company's permission. Used a pin lock and glad hand lock, and locks on trailer door but a drill works good to break the kingpin and glad hand locks. Trailer was jacked, and the company said it was my fault. I played back the permission they gave me on tape and had to sue for the 1000.00 deductible they took out of my check. Judge gave it back to me and said the paper I signed wasn't worth a crap!
_________________
Old Timer, been there done that, and if you don't want to learn, and act like a know it all, or don't even drive then GO HOME LITTLE BOY!!!!!
That ought to put a knot in their nickers.....""

Do you actually think a truck stop is a safe place, more trucks have been jacked in truck stops and nobody pays attention unless it comes to their own truck! In his post he said he left his equipment, which leads me to believe truck and trailer!
A truck in a lot is not putting a sign saying steal me, give me a break, that load untarped could be stolen anywhere!
Why must you doubt someone, so it gives you a reason to bash someone to make you feel like a big Man! How do you know there was a better place to leave the equipment, If someone wanted the load, you're not going to stop it. You're to quick to point your finger and put someone down!
No I do not know the driver and I have had a trailer stolen from me, read above.
As far as things falling out the back of the trailer, get real, this was your attempt of saying the driver is stealing it!

""But does it still happen? One must wonder.......""

Your a Troll and a sh#t disturber for saying anything like this.
My whole point with this, which you will not understand because all you want to do is point fingers, and put people down, is there is a time when a driver becomes reasonably not responsible for his equipment, no matter what you think!
A driver is only responsible when he becomes negligent, and when a dispatcher says its OK to leave the equipment then its their BABY. This is why I have said in my posts to cover your as# and record what they say, we have been doing this for years in this business, which you might have known if you have been doing this for awhile! Truck stops used to sell a little recorder with a ear piece to record ph conversations and they called it a "dispatch buster" remember seeing this item!
No one can tell when something will be stolen, you can park where you think you should be and the outcome could still be the same. I am firmly convinced you will argue with anyone, being the shi# disturber you are, and I for one don't have the time to play your petty games.
Have a happy life.....................................