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-   -   1st offense (https://www.classadrivers.com/forum/current-trucking-events/6457-1st-offense.html)

kreeper01 01-28-2005 07:27 PM

1st offense
 
I might as well get this off my chest.

Yes, i did have an accident in a C.R. England Truck, it happened up in Ogden, Utah. on 10/28/2003. I left the company as of 11/07/2003. The b***ards had the gaul to slap it on my DAC on 10/18/2004, almost 1 year after i left the company.

In my honest opinion, that is a major screw job if i ever saw one. According to section 391.15 of the Safety Regulations handbook, i am suppose to spend exactly 365 days off the road from the time of the accident is reported to the company and or the police. This is my first and only CDL driving offense, my MVR is clean as a whistle, my DAC isn't so clean. However, this accident happened at the Pilot there in Ogden, Utah. which has an L shaped parking lot to the left after you come out of the fuel island. It was a small lot and i took it as wide as the lot would allow me to make that left hander. Someone PLEASE explain me why i have to wait 2 years to get another driving job for a 1 year offense :?:

Littlepete 01-28-2005 08:00 PM

There is something more to your accident than you are telling.

Most drivers will have some sort of accident in the first year.
Busted mirror, bent rim on a curb, backed into a post or some little thing.
They keep working and can find a job.

If you roll it over, hit a bridge, kill a family of four, things like that that can stop your career.

In this post you said you have a clean MVR.
In another you said:
A few Owner Operators have been calling me lately, some ask for 1 year.
Some others ask for a clean MVR, I do not have that either.

Which is it?

01-28-2005 08:44 PM

There are all sorts of company's who dont use Dac. For that matter there is dump trucking concrete trucks. And all sorts of local work that also doesnt use Dac. I agree with the above poster. Something just doesnt add up here. 2+2 just isnt equaling 4.

kreeper01 01-29-2005 03:24 PM

The trailer i was pulling clipped the right front corner of a parked rig, i did not know it clipped his rig until i looked in my mirror.

To clean up any mis-conceptions, it was this accident i was involved in that is preventing me from getting another driving job, i am not bothering with any local work. Alot of companies will look at my DAC before anything else, all i am saying is look at the dates, i left the company on 11/07/2003, the accident was received by DAC on 10/18/2004, almost 1 year after i left C.R. England.

To add insult to injury, England had the gaul to email me to submit an application on there web site...it is like all the major trucking companies trying to hire me...its not gonna happen, END OF DISCUSSION :!: :!: :!:

yoopr 01-29-2005 04:13 PM

damn

01-29-2005 06:19 PM

Quote:

Originally Posted by kreeper01
The trailer i was pulling clipped the right front corner of a parked rig, i did not know it clipped his rig until i looked in my mirror.

I don't see how that would affect you getting a job! Unless you just totally destroyed the guys rig. Most of us in one point or time have hit someone else while parking or trying to pull out.

Quote:

Originally Posted by kreeper01
I am not bothering with any local work.

Well I hope you are independently wealthy then. And don't have a family to support. There is not a thing wrong with local work. And it most cases it pays alot better than OTR. Good luck I have the feeling your going to need it.

kreeper01 01-29-2005 07:15 PM

Quote:

Originally Posted by sanchez498
I don't see how that would affect you getting a job! Unless you just totally destroyed the guys rig. Most of us in one point or time have hit someone else while parking or trying to pull out.

I did not completely destroy his rig, just clipped the right front corner...i.e. bumper, headlight and right front corner of the grill.

Quote:

Originally Posted by sanchez498
Well I hope you are independently wealthy then. And don't have a family to support. There is not a thing wrong with local work. And it most cases it pays alot better than OTR. Good luck I have the feeling your going to need it.

Not wealthy by any means, i am stuck doing temporary work which stinks royally. Some of the local companies where i live ask for a minimum of 1 year OTR, therefore i am up a crap creek without the paddle and boat.

kreeper01 01-31-2005 09:15 PM

Quote:

Originally Posted by sanchez498
I don't see how that would affect you getting a job! Unless you just totally destroyed the guys rig. Most of us in one point or time have hit someone else while parking or trying to pull out.

I can see your point about getting another job, what i am saying is with a CDL, its hard to get "A job". I was trained on getting a "Specific job".

Quote:

Originally Posted by sanchez498
Well I hope you are independently wealthy then. And don't have a family to support. There is not a thing wrong with local work. And it most cases it pays alot better than OTR. Good luck I have the feeling your going to need it.

I am not wealthy by any means, i do not have a family of my own and with a out-of-state CDL, it will get really hard to get a local trucking job.
With luck, i need more than luck, i need a miracle. :sad:

02-01-2005 12:48 AM

Quote:

Originally Posted by kreeper01
I can see your point about getting another job, what i am saying is with a CDL, its hard to get "A job". I was trained on getting a "Specific job".

Well I have no clue where you live but in my area concrete truck companys are always looking. And we work year around here. Most offer 401k, insurance. Plus mine also offers besides my 7 paid holidays I get 15 personal days off per year to use as I see fit to use them. And most will train you in the operation of the concrete truck. Oh yea besides the 401k I also get profit shareing.

Uturn2001 02-01-2005 04:18 AM

The real problem may be how much total experience you have or how honest you are when listing this accident on your applications.

If you have less than 1 year experience and have not driven a truck since you left CR England then that may be where you are hitting a brick wall.

A few questions that may help sort this out.

1. Did you recieve any type of citations for this accident?
2. Do you have any citations at all on your MVR?
3. What does your DAC say about the accident?
4. Did you stop as soon as you realized you hit the other truck or did you try to hightail it out of there?
5> how much OTR experience do you have?
6. Have you driven at all since leaving CR England?

Sorry if these questions seem too personal, but the answers may shed some light.

yoopr 02-03-2005 08:21 PM

Quote:

Originally Posted by kreeper01
Quote:

Originally Posted by sanchez498
I don't see how that would affect you getting a job! Unless you just totally destroyed the guys rig. Most of us in one point or time have hit someone else while parking or trying to pull out.

I did not completely destroy his rig, just clipped the right front corner...i.e. bumper, headlight and right front corner of the grill.

Quote:

Originally Posted by sanchez498
Well I hope you are independently wealthy then. And don't have a family to support. There is not a thing wrong with local work. And it most cases it pays alot better than OTR. Good luck I have the feeling your going to need it.

Not wealthy by any means, i am stuck doing temporary work which stinks royally. Some of the local companies where i live ask for a minimum of 1 year OTR, therefore i am up a crap creek without the paddle and boat.

Tell me if i'm wrong but it seems to me that you think this is no big deal?

kreeper01 02-05-2005 05:40 PM

Quote:

Originally Posted by Uturn2001
The real problem may be how much total experience you have or how honest you are when listing this accident on your applications.

Uturn, if i do post the accident on my online application, the other trucking companies will not touch me, even if it is over 1 year old.

Quote:

Originally Posted by Uturn2001
If you have less than 1 year experience and have not driven a truck since you left CR England then that may be where you are hitting a brick wall.

Yes, i do have less than 1 year experience, and i did drive for Transport America in the Summer of 2004, however, i have not drove within the last 8 months which is hurting me even worse.

Quote:

Originally Posted by Uturn2001
A few questions that may help sort this out.

1. Did you recieve any type of citations for this accident?
2. Do you have any citations at all on your MVR?
3. What does your DAC say about the accident?
4. Did you stop as soon as you realized you hit the other truck or did you try to hightail it out of there?
5> how much OTR experience do you have?
6. Have you driven at all since leaving CR England?

Sorry if these questions seem too personal, but the answers may shed some light.

Answer 1. No tickets since it happen on private property, Pilot in Ogden, Ut.

Answer 2. No Citations, my MVR is clean.

Answer 3. My DAC does not provide much info, All England stated is that i had an Unsatisfactory Safety Record due to hitting a parked vehicle.

Answer 4. Yes i did stop once i realized i hit the other truck.

Answer 5. I have exactly 6 months experience.

Answer 6. I did drive for Transport America this past summer, which was 8 months ago to the day.


No offense taken Uturn, at least i honestly answered them.

kreeper01 02-05-2005 05:46 PM

Quote:

Originally Posted by yoopr
Tell me if i'm wrong but it seems to me that you think this is no big deal?

Yoopr, i am not gonna lie to you stating if you are right or wrong.

In a sense, it is a big deal to me, i'd like to get back into a truck and start driving again. However, with that accident on my DAC report, none of the other trucking companies will not touch me and me being out of a truck for the past 8 months, it is hurting me even worse.

Somebody please help me, i'd like to drive again.

Uturn2001 02-05-2005 08:47 PM

You need to list this on your application. Put something like Hit parked vehicle. Preventable. If you do not list it on your application and when your DAC report comes back your application will be canned.

You may need to either go with a training company again and/or take a refresher course. I find it hard to believe that one accident and an otherwise clean record is keeping anyone from hiring you, unless you are setting your sights a little too high.

Have you tried JB Hunt by any chance? I know somone with limited experience hired by them who had 3 incidents on their DAC.

Scoe 02-05-2005 10:56 PM

Yes, i do have less than 1 year experience, and i did drive for Transport America in the Summer of 2004, however, i have not drove within the last 8 months which is hurting me even worse.


Perhaps the thing that is also holding you back is this experience with Transport America this past summer. What happened there and why did you not stay with them?

kreeper01 02-06-2005 06:16 PM

Quote:

Originally Posted by Scoe
Perhaps the thing that is also holding you back is this experience with Transport America this past summer. What happened there and why did you not stay with them?

I asked for home time to see the dentist, once i got home, i get a call from HQ asking why i am back home. I told them why and what for, next thing i heard was that i am fired.

I asked them for home time because my teeth were killing me and were keeping me awake all day and all night. To add insult to injury, my trainer wanted me to pull over all because i missed an exit i was suppose to take and never allowed me to drive again, even when i did ask. I spent 5 weeks of my time with this company.

kreeper01 02-06-2005 06:24 PM

Quote:

Originally Posted by Uturn2001
You need to list this on your application. Put something like Hit parked vehicle. Preventable. If you do not list it on your application and when your DAC report comes back your application will be canned.

As i stated before, no other company will touch me, no matter how honest i am. I can post it on the application, tell them over the phone. They will say to me, we will call you when we need you.

Quote:

Originally Posted by Uturn2001
You may need to either go with a training company again and/or take a refresher course. I find it hard to believe that one accident and an otherwise clean record is keeping anyone from hiring you, unless you are setting your sights a little too high.

I cannot afford to take a refresher course, i do not have the time or the money right now, all the money i am earning is going to pay off some overdue bills. I am not setting my sights to high, i tell all the companies what happen, they give me the shaft in return.

Quote:

Originally Posted by Uturn2001
Have you tried JB Hunt by any chance? I know somone with limited experience hired by them who had 3 incidents on their DAC.

J.B. Hunt did call me, they wanted to hire me, however, i did not list the accident on my online application, they found out through running my DAC. They canned my application right then and there.

kreeper01 02-06-2005 06:38 PM

Well, i did update my online application. I know for a solid fact i will not get hired by any other trucking company.

I begged, pleaded, did a little bit of butt kissing for the past 8 months to no avail.

I might as well shred my CDL and just get a local job, it isn't even worth my time just sitting around waiting for another trucking job to come along
:? :sad: :x

02-06-2005 09:00 PM

That is one of your mistakes right there. Not disclosing the accident. There probably would have been a good chance of them hiring you if you had told them up front. Its seems to be the norm now days I had an accident and I lied on my application trying to hide it or I have a drug conviction or I failed a pee test why wont someone hire me. It is just getting a tad rediculas. If I lie or did any of the above things I would thank my lucky stars if McDonalds would hire me.

warsaw 02-06-2005 09:04 PM

I hear the same things..Its a touchy job for the first few year ..so anything you do is going to bite you in the rears

Uturn2001 02-06-2005 09:22 PM

Looks like your only option is to get a local job for a while and get your bills caught up, and then maybe in 6 months to a years you can take that refresher course and re-apply to trucking companies and begin again if you are so inclined.

Just remember, that any accident that you are in you need to list if it happened within the time frame asked for. Even if you are unsure it will show up on your DAC or MVR it is better to list it when no needed than to have it go the other way.

Goose1 02-06-2005 10:17 PM

you know this thread brings up a question.. what if a company puts something on your DAC that you dont know about?? (for instance as happened to me antoher driver backing in busted the mirror off my tractor I was not in the truck I was inside unloading frieght, this was put on my DAC as a preventable to me!) I have since gotten it removed and quit that outfit but had I applied to another company I would not have known about it.

Do companies take this sort of thing into account or not?

Uturn2001 02-07-2005 01:50 AM

Usually not. They look at it as you were trying to hide something.

If you are ever involved in an accident, especially in a CMV, list it on the application. Companies do not really care if you put down non preventable and it gets listed as preventable on your DAC..what they are really concerned with is that you list it.

Better to have it on you application and have them wondering why they can not find info about it from the company you were working for than the other way around.

kreeper01 02-07-2005 06:04 PM

Quote:

Originally Posted by sanchez498
That is one of your mistakes right there. Not disclosing the accident. There probably would have been a good chance of them hiring you if you had told them up front. Its seems to be the norm now days I had an accident and I lied on my application trying to hide it or I have a drug conviction or I failed a pee test why wont someone hire me. It is just getting a tad ridicules. If I lie or did any of the above things I would thank my lucky stars if McDonalds would hire me.

Sanchez, i do respect your opinions. However, if i did disclose the accident on my application, they will still not touch me for 1 full year or several years after that. I also asked for my drug/alcohol form which is also full of BS, C.R. England NEVER once offered me a drug test until AFTER they fired me. To add insult to injury to this, they had the gaul to inform USIS on 10/18/2004, which i left the company on 11/07/2003.

When i went to Transport America roughly 7 months after leaving England, they did not run a DAC report, they also had the gaul to stick a failed drug test on me, which they reported to USIS on 06/18/2004.
Transport America NEVER once offered me a drug test, they suspected i was taking drugs while with a trainer. I left Transport America for the dentist due to severe tooth pains.

As far as working for Mcdonalds, i am working through a few temporary services here where i live just to generate some form of income.

Twilight Flyer 02-07-2005 06:44 PM

So, you're looking at a term for an accident at England and a term for a failed drug test at Transport America? And you have about 6 months of experience? Hate to be blunt and too the point, but you have about zero chance of getting on somewhere driving.

For what it's worth, in the first place, a transportation company is REQUIRED by law to drug test a new employee before they even look at a truck. I know for a fact that despite England's shortcomings, they drug test 1st day in orienation. So does TA. It is simply inconceivable for them to risk a 6 digit government fine because they did not.

Additionally, a company that falsely puts a failed drug test on your job history, whether on USIS/DAC or on a faxed employment verification, is setting themselves up for a lawsuit from the driver and serious fines from the government . It's one thing to give a bad report on a driver...quite another to falsify a drug test report.

Finally, it doesn't really matter if you list it on a job application, either. Both England and TA report to DAC and both are required by law to drug test while you are there and to furnish any drug testing information for the last 36 months. Both companies will report complete accident and safety information and will also report all drug testing information. Many companies order reports from DAC...they will see the reports. Those companies that do not order from DAC, will call them and receive faxes detailing all safety information and drug and alcohol information. Either way, the company you are applying for will get all the information.

So, as far as driving, your only hope then is too leave both companies off of your application and that creates a whole new set of problems for you on falsifying the employment app.

So, basically, you're going to have to put your driving career on hold. Your best bet is to redirect your career, get into something and stay stable for about 3 years. At that point, the accident is 4 years old and the failed drug test is 3 years old. The drug test, at that point, can no longer be reported by the company. Start all over from scratch at that point....new schooling, new training, new company.

kreeper01 02-07-2005 07:06 PM

Quote:

Originally Posted by Twilight Flyer
So, you're looking at a term for an accident at England and a term for a failed drug test at Transport America? And you have about 6 months of experience? Hate to be blunt and too the point, but you have about zero chance of getting on somewhere driving.

To clear this up, i did take a pre-employment drug screen for both companies :!: However, with England, they did NOT give me a drug screen for the accident until AFTER they fired me. With TA, they NEVER did ask me to go to Eagan, MN., take a drug test BEFORE i left the company for the dentist.

Quote:

Originally Posted by Twilight Flyer
For what it's worth, in the first place, a transportation company is REQUIRED by law to drug test a new employee before they even look at a truck. I know for a fact that despite England's shortcomings, they drug test 1st day in orienation. So does TA. It is simply inconceivable for them to risk a 6 digit government fine because they did not.

You didn't read what i wrote careful enough, TF, however, i was not specific enough either.

Quote:

Originally Posted by Twilight Flyer
Additionally, a company that falsely puts a failed drug test on your job history, whether on USIS/DAC or on a faxed employment verification, is setting themselves up for a lawsuit from the driver and serious fines from the government . It's one thing to give a bad report on a driver...quite another to falsify a drug test report.

This is the point i tried to make when i stated that England and TA did not offer or asked me to take a drug/alcohol test BEFORE leaving the company, they simply fired me then stuck it on me without my knowledge or consent.

Quote:

Originally Posted by Twilight Flyer
Finally, it doesn't really matter if you list it on a job application, either. Both England and TA report to DAC and both are required by law to drug test while you are there and to furnish any drug testing information for the last 36 months. Both companies will report complete accident and safety information and will also report all drug testing information. Many companies order reports from DAC...they will see the reports. Those companies that do not order from DAC, will call them and receive faxes detailing all safety information and drug and alcohol information. Either way, the company you are applying for will get all the information.

So, as far as driving, your only hope then is too leave both companies off of your application and that creates a whole new set of problems for you. Your best bet is to redirect your career, get into something and stay stable for about 3 years. At that point, the accident is 4 years old and the failed drug test is 3 years old. The drug test, at that point, can no longer be reported by the company. Start all over from scratch at that point....new schooling, new training, new company.

Starting anew is a slow process and also a messed up as well. Within the next 4 years, my cdl will have expired. I knew this will end up screwing me over. :x

Twilight Flyer 02-07-2005 07:49 PM

Quote:

You didn't read what i wrote careful enough, TF, however, i was not specific enough either.
OK, I see what you're saying now. It appeared you said you didn't take a pre-employment drug test. But you are actually saying that they didn't give you a drug test after they terminated you. I'm not sure what the regulations are on all terminations, but if it's an accident requiring a police presence, they must do that at the very least. Is it possible they made the request and you didn't report? That would go down as a refusal.

Still, regardless of what happened, I still say you're pretty much screwed for about the next 3 years. Yes, your CDL will have expired, but there is really nothing else you can do right now. Let it go and start over when things are further behind you.

Goose1 02-08-2005 10:26 AM

Why would your CDL expire.. Just renew it..It's just a drivers license when it's up you go and renew.. You dont have to drive a truck to keep your CDL..

As to the rest of the story I humbly reserve an opinion..

kreeper01 02-08-2005 04:47 PM

Quote:

Originally Posted by Twilight Flyer
Still, regardless of what happened, I still say you're pretty much screwed for about the next 3 years. Yes, your CDL will have expired, but there is really nothing else you can do right now. Let it go and start over when things are further behind you.

I do see what your saying here, TF. After leaving England, other companies like J.B. Hunt, WH Transport, Stevens Transport and the like asked me why i didn't put the accident on my application, i honestly told them if i did, they still refuse me a job and it also happened x amount of months ago after they called me. Also, they still would of ran my DAC and MVR reports and it still would of shown up even though i would of been honest on the application or not.

Sanchez, if your reading this as well, being honest or not, when those other companies started calling me, they would not touch me until i served that 1 full year suspention due to the accident. I needed a job badly, however, it looks like i screwed myself even futher by applying time and again without being honest from the start.

As i stated in a previous post, i might as well shred this damn CDL and stay out of trucking permantly. Guess i wasted 3 weeks of my time to get a CDL for nothing :!:

02-08-2005 10:22 PM

Quote:

Originally Posted by kreeper01

As i stated in a previous post, i might as well shred this damn CDL and stay out of trucking permantly. Guess i wasted 3 weeks of my time to get a CDL for nothing :!:

Not true you still have a few options. Concrete trucks and I know you said you tried dump truck companys. But did you try any small O/O dump trucks that have 3 or 4 trucks?

kreeper01 02-09-2005 03:13 PM

Speaking about O/O's, would it be possible to go to work for one pulling Reefers or Dry box.

I would go to work for a Concrete outfit, problem i am facing is i still have an out of state CDL.

02-09-2005 10:16 PM

Quote:

Originally Posted by kreeper01
Speaking about O/O's, would it be possible to go to work for one pulling Reefers or Dry box.

I would go to work for a Concrete outfit, problem i am facing is i still have an out of state CDL.

You would just have to find an O/O. Your problem there is your experience. And as far as the out of state cdl. If you can get a concrete company to consider you they would probably let you slide till you could get a check under your belt. But even then it shouldnt really matter we have guys working for the company I drive for with Mo CDL's And we are located In Ar.

kreeper01 02-10-2005 04:59 PM

Quote:

Originally Posted by sanchez498
Not true you still have a few options. Concrete trucks and I know you said you tried dump truck companys. But did you try any small O/O dump trucks that have 3 or 4 trucks?

I did try 1 concrete place and another place here in town that hauls concrete blocks to construction sites. Both said they will call when and if they needed me.

I do know an owner operator here in town, he only has 1 truck.

kreeper01 02-10-2005 05:10 PM

Quote:

Originally Posted by sanchez498
That is one of your mistakes right there. Not disclosing the accident. There probably would have been a good chance of them hiring you if you had told them up front. Its seems to be the norm now days I had an accident and I lied on my application trying to hide it or I have a drug conviction or I failed a pee test why wont someone hire me. It is just getting a tad ridiculous. If I lie or did any of the above things I would thank my lucky stars if McDonalds would hire me.

If i did disclose the accident on my application, they would not touched me for the 1 year stated under Section 391.15 of the Safety Regulations book. To add insult to injury here, they still would not touch me, even after
i served that 1 year suspension. What pisses me off the most is just sitting around, doing nothing, earning no form of income while my CDL was still valid.

I did not fail no pee test, no drug conviction. If i was honest, they still would look at my DAC, say i am disqualified, and you know the rest.

As far as working at Mcdonalds, one look at my CDL and they will say i am overqualified. How can i be overqualified :?: Anyone can flip a burger :!:

02-10-2005 06:32 PM

Yea concrete is seasonal in alot of places. Might be where you live. I know here in Arkansas for the most part we work all year around. Infact the people I work for are looking for 2 drivers.

kreeper01 02-10-2005 07:47 PM

:D That is down in Arkansas, I'm in Illinois. Wish i was down there right now, but knowing the company you work for, they probably ask for 1 year OTR experience, i got less than that with 3 separate companies. :x

02-11-2005 01:14 AM

Actually no. Since I drive concrete truck now. And here is the ad we have up in the local paper. Benefits include health and life insurance. 401k plus profit shareing. 7 paid holidays plus 15 personal days per year that you can use as you see fit.

Quote:

READY-MIX CONCRETE Truck Driver needed. CDL required. experience preferred but will train qualified applicant. Competitive salary with excellent benefits. Contact Harlan @ 479-855-2248. EOE.

kreeper01 02-12-2005 08:09 PM

I made some phone calls and :oops: they will not touch me until after my CDL expires. My mistake and stupidity, oh well, driving was fun while it lasted. So long CDL, it was nice having you. :cry:

02-13-2005 12:32 PM

Who did you call? And why must you get rid of your cdl? When it comes time to renew it just do so.

yoopr 02-13-2005 04:16 PM

Quote:

Originally Posted by sanchez498
Who did you call? And why must you get rid of your cdl? When it comes time to renew it just do so.

It makes no sense to me either


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