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-   -   Is this legal? (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/40893-legal.html)

shep 02-06-2011 10:42 AM

Is this legal?
 
[B]My company says i am on duty 365 days a year, 24/7?
the company says it has the right to punish me for what i do in my
personel car/truck, off company time?

real example
driver took wifes new jeep(that he had never drivin) to pick up
grandkids on a sat., got a ticket for 5-7 over posted speed limit,
company gave him 2 days off, displinary report, and told him that if
he got another ticket of any kind in 36 months, he could face dismissal.
(he had no violations in 5+yrs)

they have even suggested that driving my corvette could be bad for my employment, due to the cars sporty and attention getting design.

IS THIS LEGAL, CAN THEY PUNISH US FOR WHAT WE DO OFF COMPANY TIME?
Can they tell me what i can and can't drive on my personnel time?
i have 14+ years , cdl, and never had so much as a parking ticket.
Is this what it is coming to, we are now under total control of our company
to the point that they control our personnel time too?:confused::mad:

Mr. Ford95 02-06-2011 01:57 PM

Whether it's legal or not, any company that tells me that, C-YA. I'm moving on to another company. Getting a ticket in your personal vehicle does affect your CDL these days, maybe it affects their insurance having a driver that now has a ticket? If so, they really ought to look at changing insurers then. My company had an insurer that said if you had lost your license for any reason or had 2 tickets, not allowed to drive any company vehicle at all unless they were 3 years old. If you were a habitual offender for drunk driving though you were allowed to drive if it was a year old, made no f-ing sense so they dropped that company.

GMAN 02-06-2011 02:15 PM

Unfortunately, what you do in your personal vehicle does affect your CDL and when you have tickets it does affect your employers insurance premiums and could impact their safety rating. In fact, if you have more than 2 moving violations, some insurance companies won't cover you. At one time, what happened in your personal vehicle didn't affect your CDL. In fact, it never appeared on your MVR if checked by your employer. Under the Bush administration, that veil was lifted so that anything that you are ticketed for in your personal vehicle now appears on your CDL. If it is on your MVR, then it affects insurance premiums and could affect whether your company can get or keep his insurance. The best thing to do is watch your speed and don't get any tickets. Carriers pull a copy of your MVR annually. When the time comes to renew insurance, the insurance company will also pull a MVR on every driver. Any moving violations can affect premiums, so most carriers are lowering their tolerance for any moving violations.

GMAN 02-06-2011 02:19 PM

One other thing. I interviewed a driver who received a ticket in his personal vehicle for doing 84 mph. My insurance company would not touch him. Had I hired him and he was in an accident they would not have paid off. The guy had a perfect work and driving record other than the one ticket. With my insurance company, they won't approve any driver who is doing over 80 mph, no matter what the posted speed limit. After 3 years have passed I could hire him, provided he hasn't accumulated any more violations.

shep 02-06-2011 08:20 PM

So i get, 2-3 days off, writtin disiplenary report, a ticket, mvr points, csa points, fine/court cost, higher insurance(because csa/mvr are shared info with insurs) and possibly
lose my job, and become unhirable. GREAT, all because i got caught going 5-7 over posted speed limit in my corvette, time for a new carrier?

shep 02-06-2011 08:37 PM

I grew up in a family of truckdrivers, dad, mom, uncle ,aunt, and just about everone else in the family, this is all i ever wanted to do,i was born into this, now i just want out.
I am not seeing where it is worth it anymore, 14+ yrs, perfect driving, down the drain, family tradition, dead.
BUT ALEAST I'M GOING OUT WITH A PERFECT MVR!!!!!!!!!

GMAN 02-06-2011 09:05 PM

Originally Posted by shep:
So i get, 2-3 days off, written disciplinary report, a ticket, mvr points, csa points, fine/court cost, higher insurance(because csa/mvr are shared info with insurs) and possibly
lose my job, and become unhirable. GREAT, all because i got caught going 5-7 over posted speed limit in my corvette, time for a new carrier?


One ticket doing 7 mph over the posted speed is not likely to prevent you from working in this industry. Most insurance companies will allow up to 2 moving violations. Some may allow 3. I know some carriers who previously allowed up to 4 who have reduced their acceptable moviing violations to 2. Tickets do affect insurance premiums, whether in a 4 wheeler or 18 wheeler. When you get tickets it tells them that you are more of a risk than someone who has a clear record. Tickets will push insurance rates up and can also affect a carrier's safety record. The better your safety record the greater opportunity for better paying freight. Carrier safety records are a matter of public record. Although it was stated that insurance companies would not use the new CSA data for underwriting purposes, but If the information is available I have no doubt that it will be used.

Red Clay Rambler 02-06-2011 10:07 PM

I would urge you and anyone to hire an attorney and go to court on any ticket/violation involving any vehicle. I will never just pay a ticket again, those days are gone. Often times the attorney can persuade the court to dismiss your case, resulting in no conviction, nothing on your driving record.

Windwalker 02-06-2011 10:58 PM

Originally Posted by shep:
So i get, 2-3 days off, writtin disiplenary report, a ticket, mvr points, csa points, fine/court cost, higher insurance(because csa/mvr are shared info with insurs) and possibly
lose my job, and become unhirable. GREAT, all because i got caught going 5-7 over posted speed limit in my corvette, time for a new carrier?

That's exactly what I did. I filed for my retirement. No more DOT, no more CHICKEN COUPS, no more putting up with people on the docks, and no company telling me what I may or may not do.

I LIKE GETTING OLD ENOUGH TO RETIRE.
:banana3::band::banana1::cheers:
Oh, yeah... I don't lose my job because of a DUI either.
:bigthumbsup:
And, YES. It's legal as long as they get away with it. Just by being a driver, you're in the limelight. Check out that magnifying glass just over your head.

One 02-07-2011 01:43 AM

Unfortunately, when you hire on with a corporation you have left many constitutional right at the doorstep. A corporation is not a democracy, its a monarchy or something.

shep 02-07-2011 06:04 AM

THANKS! i really appricate all the info, but still going out on june 1st, medical card expires and i'm out of the driving game, got set up with factory job at fathers employer,
no cdl required. but will be proud to say i made 15 years with perfect mvr (i hope!) 4 months will tell. thanks again.

GMAN 02-07-2011 05:57 PM

You may want to hang on to your CDL for awhile. It can be difficult to get it back once it expires. I made that mistake once. Whether I retire or not, I plan on keeping my CDL as long as I can, just in case. Even if you don't want to drive now, you could change your mind later.

Windwalker 02-07-2011 10:51 PM

Don't know what kind of factory job you're looking at, but be sure not to do as I did. I am retired, but I don't have any choice now. Had my right eye impacted. Now, there is no way to correct the vision in the right eye anywhere close to 20/20. Part of it is in focus, part of it is not. So, even if I wanted to get back behind the wheel, it is no longer an option.

With hearing, you only need one good ear. But you still need two good eyes. Anything happens to one or the other at the factory job and you can kiss the CDL good bye.

I can still drive my car, but I will never qualify to drive a commercial vehicle again. Take care of yourself.

repete 02-14-2011 10:08 PM

Originally Posted by shep:
So i get, 2-3 days off, writtin disiplenary report, a ticket, mvr points, csa points, fine/court cost, higher insurance(because csa/mvr are shared info with insurs) and possibly
lose my job, and become unhirable. GREAT, all because i got caught going 5-7 over posted speed limit in my corvette, time for a new carrier?

Just to mess with them a little I'd ask about this and bring up the 24/7 365 thing and when they said yes we "own" your azz 365, say good so workers comp will pay for me falling down the stairs right? bet they change there tune quick! What a bunch of asshats, I'd be tempted to bail too

Scottt 02-19-2011 06:30 AM

Originally Posted by Red Clay Rambler:
I would urge you and anyone to hire an attorney and go to court on any ticket/violation involving any vehicle. I will never just pay a ticket again, those days are gone. Often times the attorney can persuade the court to dismiss your case, resulting in no conviction, nothing on your driving record.

You may want to check into this. If the case is dismissed it will still show up on your MVR. To get it to NOT show up on your MVR the officer that wrote the citation must sign off on the dismissal. If the officer wrote the citation he usually won't sign off on a dismissal.

What you want to do is go to court and have the citation reduced to defective equipment, pay your fines and everyone is happy. It won't show up on your MVR.

flood 02-19-2011 09:16 PM

Originally Posted by shep:
So i get, 2-3 days off, writtin disiplenary report, a ticket, mvr points, csa points, fine/court cost, higher insurance(because csa/mvr are shared info with insurs) and possibly
lose my job, and become unhirable. GREAT, all because i got caught going 5-7 over posted speed limit in my corvette, time for a new carrier?

NO CSA POINTS for what you do in your pov

allan5oh 02-19-2011 11:12 PM

Originally Posted by shep:
So i get, csa points,

Nope.

clmom32 11-11-2012 02:20 PM

I have a question - my spouse claims that because our child got a speeding ticket (driving the kids vehicle, not my spouses) that he is now being questioned by his employer about it. Son is on our insurance, but that's all. How is that even possible that a different driver's driving record would affect someone with a CDL?

GMAN 11-11-2012 08:27 PM

Originally Posted by clmom32:
I have a question - my spouse claims that because our child got a speeding ticket (driving the kids vehicle, not my spouses) that he is now being questioned by his employer about it. Son is on our insurance, but that's all. How is that even possible that a different driver's driving record would affect someone with a CDL?

I don't see why what your son does in your vehicle should have any effect on your husband's work or his CDL. It is none of their business unless it was in one of their vehicles. Is your son named after your husband? If so, they might have gotten the points on the wrong driver's license.

mgfg 11-11-2012 10:59 PM

Originally Posted by clmom32:
I have a question - my spouse claims that because our child got a speeding ticket (driving the kids vehicle, not my spouses) that he is now being questioned by his employer about it. Son is on our insurance, but that's all. How is that even possible that a different driver's driving record would affect someone with a CDL?

Sounds like a "truck driver" story to me.

Blacksheep 11-22-2012 02:17 PM

Originally Posted by mgfg:
Sounds like a "truck driver" story to me.

this how you tell the difference between a fairy tale and a truck driver story.

Fairy tale starts with " once upon a time"

Truck driver story " You aint going to believe this sh** ! ".

Pahrump 12-10-2012 01:31 AM

Sure is legal,,to drive their truck you have to follow their rules,,your driving record affects thier insurance rates,, i have owned 7 Corvettes and I know that any tickets I get in my car or truck will make my insurance go up,,think of it this way,,if you want to drive a truck any vilolations will affect you license,,will so many good drivers out of work why put up with a drive with a bad record, if you are not happy with your companies rules go somewhere else,,it's a free country,,


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