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12-21-2013, 03:26 AM
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who should pay for citation
I am a part-time truck driver (I have another job outside of the transportation industry). I recently was asked to take a load to Oregon (which is not my home state), and received a citation from Oregon DOT for not carrying the proper amounts of chains on my truck.
It is my opinion that the company should help me with the fine. What is your opinion, please?
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12-21-2013, 10:04 AM
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It is ultimately the drivers responsibility to know the laws and be prepared, including carrying chains.
Before you left. did you tell your boss the truck needs to have a set of chains? If you didn't ask, then it's 100% your ticket.
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12-21-2013, 10:55 AM
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It's part of your pre-trip inspection, to know you have the right equipment, including fire extinguisher, road reflectors, etc.
As a driver, you also have to know any state laws that require your special attention, not only chain laws, but lets say frost laws, bridge laws, etc.
The company should provide the chains for their rigs, but it is up to the driver to let them know, if they need to provide you the necessary chains.
Maybe the last driver took the chains that were on the rig to use on another rig, and the company is unaware of that.
It's part of the job, even as a slip seat driver, to know what you need to make the delivery.
You should not have to provide things like chains, load locks, emergency equipment, and if it's not on the rig, you must speak up.
If you are on the road, the company can still give you a com check to buy or replace what is needed.
One thing they can't require of you, is to drive when you feel it's too unsafe.
Chain up driving requires a driver experienced in chaining up, and driving with chains, and that's probably only 10% of OTR drivers.
You would know if yer one of them, eh.
Oregon is one of those lost communist states with fascist laws.
California and Washington are also communist waste land.
You will never know all the regulations required of you.
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12-21-2013, 12:06 PM
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Although I agree that the driver is responsible for having the proper equipment, I would also think the company should at least HELP pay the fine, depending on...
Are you an O/O? In other words... was it YOUR truck or theirs? If yours.... I would say it was your mistake. If it was a company truck and you drive part time for them and THEY dispatched you to the Communist NorthWest? Well.... I would make a strong argument to them that THEY should have equipped the truck for the dispatch they gave you.
I drive for an I/C leased to FedEx. Every year when the chain laws go into effect, the COMPANY makes sure we have (and carry) the proper amount of chains for ANY eventuality. Why? Probably because they assume or KNOW that the fines would be on THEM.
Have you asked the company? Are they putting it on you?
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12-21-2013, 07:51 PM
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Thank you for your replies. I have asked the company to reimburse me for half the cost of the fine, but the DM just gives me the run around by saying he hasn't had time to discuss it with anyone. I asked him if he would please have an answer for me by the end of Friday so I didn't have to go into the weekend unsure of what they were going to do. When I called him late Friday, he didn't even remember our discussion, and i had to refresh his memory about what i had asked him to do. And of course I still don't have an answer. Like the guy's signature at the end of the first post says, I can't know everything (regarding laws, etc). It's a two way street, the company helps me out, I help them out. I don't think it's right for them to just ignore me and put the citation off on me because it's in my name, and they know they don't have to do anything. It's very frustrating.
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12-21-2013, 09:27 PM
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It's a hard lesson for sure, and I'd imagine your fine is at least $500?
I worked part time once doing slip seating, and I got screwed more, than if I were a full time slave, and got runs the other drivers would refuse.
You really have to be on the ball.
The drivers would also leave the rigs filthy, and I'd have to sweep out the trailer before loading.
Ooooooh I get to deal with the repairs too.
I felt I was helping everyone and the company the most and got treated the worst, so like the song says.."take this job and shove it."
I'm sure we all have a cost of business story to tell, where the company has you by the short hairs, and they never choose to do the "right thing."
… and then wonder why there is so much job hopping.
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12-22-2013, 01:21 AM
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If you can't get an answer from your DM or dispatcher, then you may think about contacting his supervisor. While it would be good for the company to pay part of the fine, it is still the responsibility of the driver. Having owned trucks and dealt with drivers for many years, I can tell you first hand that unless I hear that something is wrong with a truck or the driver needs something, that I cannot help him. Most owners want to make sure that equipment is in good working order and legal. Most want to make sure that drivers have the necessary tools to do their jobs. But, we still need to hear from the driver. That is the only way we know if you or the truck needs anything. Oregon is one of the most strict of the western states about chains. Several of them require you have chains on the truck whether you use them or not. They are required during specific months. Those times vary and it is up to the driver to make sure that he has them on any truck he drives. From your dispatcher's attitude, my guess is that you already have your answer. I would expect that you will wind up paying for this ticket yourself.
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12-22-2013, 05:23 AM
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Quote:
Originally Posted by GMAN
Oregon is one of the most strict of the western states about chains. Several of them require you have chains on the truck whether you use them or not. They are required during specific months.
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I do believe those months are like November first to the end of april, or something like that, you must carry chains. Anyway, understanding we are in the winter months would not one want to carry the minimum number of chains, for the state that requires the most chains? Therefore, if you left without the required number then you, the driver, is responsible for that mistake (as a captain of his ship is responsible for everything that hapens on it). If you can get the company to pay half great for you, but my bet is you will have to eat it.
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12-22-2013, 05:53 AM
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Quote:
Originally Posted by Black Knight
I do believe those months are like November first to the end of april, or something like that, you must carry chains. Anyway, understanding we are in the winter months would not one want to carry the minimum number of chains, for the state that requires the most chains? Therefore, if you left without the required number then you, the driver, is responsible for that mistake (as a captain of his ship is responsible for everything that hapens on it). If you can get the company to pay half great for you, but my bet is you will have to eat it.
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yes think I have to agree
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12-22-2013, 07:24 AM
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Quote:
Originally Posted by GMAN
If you can't get an answer from your DM or dispatcher, then you may think about contacting his supervisor. While it would be good for the company to pay part of the fine, it is still the responsibility of the driver. Having owned trucks and dealt with drivers for many years, I can tell you first hand that unless I hear that something is wrong with a truck or the driver needs something, that I cannot help him. Most owners want to make sure that equipment is in good working order and legal. Most want to make sure that drivers have the necessary tools to do their jobs. But, we still need to hear from the driver. That is the only way we know if you or the truck needs anything. Oregon is one of the most strict of the western states about chains. Several of them require you have chains on the truck whether you use them or not. They are required during specific months. Those times vary and it is up to the driver to make sure that he has them on any truck he drives. From your dispatcher's attitude, my guess is that you already have your answer. I would expect that you will wind up paying for this ticket yourself.
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Thanks for your answers. I personally think the mantra "the driver is responsible" favored by driving managers is a bit of a cop out. It is an easy way out. They probably use it so often because most drivers are afraid to speak up and call bull****. I liken it to the often-heard general expression "we can't do that because of insurance reasons" that businesses etc might use to stop the discussion. I do appreciate your replies. I will fight to get half reimbursed because as I have stated earlier in the thread, I think it's a two way street. I am a part-time driver who is almost always available at a moment's notice to help them out. I will talk to ya'll later.
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