[trux]

Here's my problem:
Last Friday, 09/14, at 16:10 (50 minutes left on my hours), I get a preplan to pickup that night and deliver the load 950 miles away at 07:00 Sunday morning.

I don't have enough time to pick it up that night and I'd have to average 73 mph in a 65 mph truck to get it there.

So I tell them I can't legally do it and they tell my to "non-commit" to the preplan. Now as per the way things are usually done in this company, that was odd.

So while I'm contemplating that, they tell my to pick it up.

That was double odd. So I think this guy might be trying to catch me on something so I send the "non-commit" and go to dinner.

After dinner I ask them what the status of that run is, and the response is "Do you want to accept?" and I tell them "not on that schedule" but I can have it there by 18:00 on Sunday.

They tell me to pick it up and take it. (I've got a bad feeling about this run, the tone of the conversation is just wrong)

About 13:00 on Saturday I get a message that I'm "tracking late" and they're going to set up a relay. We agree on a relay location and I get there 6 hours later and no relay has been set up. That also was odd as usually they'd let me know the relay was a no go.

So I deliver it the next day, Sunday, two hours early and don't think anything else of it.

Then Wednesday I get a call from my former dispatcher that I've been reported to have "accepted runs that I can't do". Then he tells me I'm going back on his board to find out what the problem is.

In the last couple of days I've had two company drivers tell me the night dispatch expected me to run illegal and that it happens all the time.

I'm not going to run illegal, so I've got two questitons:

How do I respond to this situation?

How do I respond to the more immediate problem that the night crew won't respond to any of my messages. I put in my empty call last night about 19:20 and I put in a preplan commit twice, once about 19:30 last night and again this morning at 06:20.

I've got an ugly feeling that I'm going to be sitting here till Monday morning.

TIA

[Uturn2001]

Here is what I did when is a situation like that.

Preplan comes in that I can not legally run:

I turn down the load and then send in a free form message explaining why I turned down the load and the requirements for me to take that load. If they do not adjust the appointment time(s) then I sit. If I sit long enough and I get tired or run out of hours on some rule while sitting I send in a message that I am now out of hours, going to bed, talk to you in the morning and then ignore the damn thing for the next 10 hours or so.

If they come back and say run with it I respond that I am running with it and once again put in my ETA's for pickup and delivery.

Then if I get any crap about the load being late, etc from day dispatch I tell them to go back and read the msg's to and from my truck about this load prior to being dispatched.

When ever I have been in a situation where weekend/night dispatch starts playing games I just ignore it until daytime/Monday and then start making calls to my main dispatcher and if need be to the operations manager and terminal manager and let them know what is going on.

You need to cover your tail on all accounts and play by the company rules at all times(as well as be legal). Get everything on the QC, and if you feel you need to get yourself a digital camera and take some pics of the messages to and from your truck, though this should not be needed since it is rare for dispatchers to be able to actually delete messages from the computer once they are sent/received.

[GMAN]

It is always a good idea to make a paper (or electronic) trail. If the company uses qualcomm, then just make sure that you note that you cannot legally make a pickup or delivery on the planned schedule. I would ask them if they wanted you to run illegally on the qualcomm. If they respond "yes" then you have them. Most of the time they won't respond that they want you to run illegally on a qualcomm. If they do and you take the load then they are in deep trouble should you get stopped or involved in an accident. The important thing is that you should never take a load which would require you to run illegally. It isn't worth it. It is usually the driver who pays for the consequences of running illegally.

[trux]

Thanks Uturn, that's exactly the info I wanted. So far I've done it just like you suggest. Including when they told me to pick it up and then give them an eta, I gave them the eta first, then I picked it up.

I felt that if I picked it up first, that would look like I agreed to their time frame. To avoid that, I stated my time frame first then picked up the load.

And I did send a freeform message stating reasons, mph averages, distances, HOS, etc., etc. One possible side problem is that they were making so little sense, I thought I was dealing with new people who didn't understand what was going on. So I really simplified it and completely explained it as if I was telling someone who had no experience with it.


BTW, I put in the preplan commit again this morning after the weekend daycrew got there and was told I'm off the one preplan and to stick with another preplan supposedly given to me at some point. That was odd as there's usually an official QC preplan cancellation. Looking through the history, they've never given me that alternate preplan.

We'll see what happens.

Thanks again.

[countryhorseman]

Never ever take a load that you cannot legally run! If a dispatcher, especially a night dispatcher is wanting you to do that after telling them you are out of hours (ON THE QUALCOMM, you need that to back you up). Send a QC message to your safety department, followed up within 5 minutes or so with a phone call. Usually the first QC message to safety will shut down the dipstick night dispatcher. If that fails, stay put, and in the morning contact your regular safety manager and explain the situation, that can be backed up with the QC messages. They cannot legally ding you with a failure or denial, since you were out of HOS.

If all else fails, and they choose not to back you up, it is time to find a different company that plays by the rules. On the way to a terminal to turn your truck in, find the nearest QC service center - I think most Thermokings now service QC - and have your messages downloaded and printed, make two copies. When you get to the Terminal, schedule a meeting with the safety manager (the big dog) and hand him one copy. If this gets put on my DAC as anything derogatory - you will hear from my attorney.

There are too many companies out their that play by the rules, to risk you life, safety and career on a stupid night dispatcher.

Oh, I after learning my lesson on a similar deal, I get with my normal FM if I am making a early evening or night delivery, and either have him pre-plan me for a load that I can make, or mark as out-of-service until in the morning. That way I do not have to deal with the night guys.

You are the ultimate control in running that truck legal, and no one else!

[Skywalker]

Originally Posted by countryhorseman

Never ever take a load that you cannot legally run! If a dispatcher, especially a night dispatcher is wanting you to do that after telling them you are out of hours (ON THE QUALCOMM, you need that to back you up). Send a QC message to your safety department, followed up within 5 minutes or so with a phone call. Usually the first QC message to safety will shut down the dipstick night dispatcher. If that fails, stay put, and in the morning contact your regular safety manager and explain the situation, that can be backed up with the QC messages. They cannot legally ding you with a failure or denial, since you were out of HOS.

If all else fails, and they choose not to back you up, it is time to find a different company that plays by the rules. On the way to a terminal to turn your truck in, find the nearest QC service center - I think most Thermokings now service QC - and have your messages downloaded and printed, make two copies. When you get to the Terminal, schedule a meeting with the safety manager (the big dog) and hand him one copy. If this gets put on my DAC as anything derogatory - you will hear from my attorney.

There are too many companies out their that play by the rules, to risk you life, safety and career on a stupid night dispatcher.

Oh, I after learning my lesson on a similar deal, I get with my normal FM if I am making a early evening or night delivery, and either have him pre-plan me for a load that I can make, or mark as out-of-service until in the morning. That way I do not have to deal with the night guys.

You are the ultimate control in running that truck legal, and no one else!

Ditto!!

I always stayed off the phone, kept it on the OBC (Mmax/Qualcom) that way....there is the electronic paper trail. If I ever shot down a preplan it was immediately followed by a freeform message saying: I CANNOT LEGALLY PICKUP, MOVE, OR DELIVER THE LOAD DUE TO MY AVAILABLE HOURS. IF YOU WANT TO CHANGE THE PICKUP TO XXXX HRS, AND DELIVER AT XXXX HOURS, I CAN ACCEPT THE LOAD, OTHERWISE NO.

Worked for me. And yes, it was ALWAYS some "nightjerk".

[trux]

Thanks for all the responses. I've learned from previously reading this board to always communicate over the QC so there's a trail/record of what is said. So if anything gets said over the phone, I immediately restate what was said over the QC.

I've also learned from personal experience to always stand your ground when it comes to your estimate of necessary time to get the load to the consignee.

In this particular instance, one thing that confused the issue was that I unintentionally insulted the guy. He called me on the phone on Saturday and I asked him if they had a bunch of new people working and he said "no, why do you ask that?".

And I answered, "Because the messages aren't making any sense".

He was silent for a few seconds, (and I immediately knew that he was the guy not making sense)

Then he said, "I'm a day dispatcher just filling in this weekend".

So at that point I'm unsure if he's actually trying to get me to run illegal or if he's just incompetent. Or possibly a combination of the two. Then later when the planned relay dried up and they didn't let me know, I was convinced that "incompetent" was the answer.

Anyway, bottom line is I stated my case on when I could legally get it there and stuck with it, I made sure it was all documented on the QC and they accepted my schedule. I also made sure that I satisfied all stated company policies and all DOT legal requirements.

I'm going to wait and see how it all plays out when I talk to my regular dispatcher on Friday. He's got a history of sticking with me so at this point I'm not going to worry about it.

well. if it is required then you have to do it, right??

[Uturn2001]

Originally Posted by jedfxg

well. if it is required then you have to do it, right??

If your employer requires you to go and rob a bank and kill 3 people in the process would you still have to do it? :roll:

yeah, it is required. damn, nobody has a sense of humor anymore. and like i tell my girls, roll your eyes at me again and i'll slap 'em outta your head...that is a joke too.