Quote:
Originally Posted by ilikeike
Stan and repete . . in the eyes of the law, there is no mentor/trainee hierarchy . . the "trainee" is a 100% responsible CDL holder. The State of _____________ has certified that the so called trainee has satisfied all legal requirements to operate a CMV in interstate commerce. I've read it in a thousand trial transcripts and I'd be happy to cite a few of them here. However Swift chooses to characterize the employment status of either, the trainee is as much responsible for his/her actions as you or I and no actions of the trainee are implicitly the fault of the so called mentor.
Beyond that, it appears that this incident took place on Swift's private property and, if not for the allegation of an apparent commission or attempted commission of a crime, this matter might escape the scrutiny of a public legal authority. If the OP is being truthful, Swift has accused the OP of a crime that Swift's own records could support or refute. If the OP can produce evidence that he was falsely accused and/or unjustly terminated, he'll have a legitimate claim against Swift. Further, if Swift has failed to report this incident to the relevant legal authority, Swift itself can be held culpable for failing to report the crime.
If Ray is being honest, he has a huge case against Swift. Swift isn't that stupid. That's why I say the OP is not being completely honest.
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Using that very reasoning..........There is NO REASON for the "Trainee" to be in "Training". THE ONLY REASON that companies......ANY COMPANY.......has a "training program" at all, are FEDERAL REGULATIONS and INSURANCE COMPANY REQUIREMENTS.
If not for those two little bumps in the road.....NO TRUCKING COMPANY would have a training program..........It would all be just like it was "Way back when"............... "Yur hired driver. There is the truck, go over there and pick up this load, take it to that there customer. Here is money for fuel and pills to keep you running." "Bring back the truck, the trailer, the pallets....and the receipts. Bring it all back in good shape and we will send you out again."
A "driver trainer" has an obligation to train and train properly. If he or she is not willing to do so, then he or she should decline the opportunity to train.
From the files of "The FMCSA".
391.1 Scope of the rules in this part; additional qualifications; duties of carrier-drivers. (a) The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers.
(b) A motor carrier who employs himself/herself as a driver must comply with both the rules in this part that apply to motor carriers and the rules in this part that apply to drivers.
[35 FR 6460, Apr. 22, 1970, as amended at 53 FR 18057, May 19, 1988; 60 FR 38744, July 28, 1995]
391.13 >
Related Links
Qualification and disqualification of drivers
§391.11 General qualifications of drivers. (a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in
§391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.
(b) Except as provided in
subpart G of this part, a person is qualified to drive a motor vehicle if he/she—
(b) (1) Is at least 21 years old;
(b)(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;
(b)(3)
Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;
(b)(4) Is physically qualified to drive a commercial motor vehicle in accordance with
subpart E—Physical Qualifications and Examinations of this part;
(b) (5) Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction.
(b)(6) Has prepared and furnished the motor carrier that employs him/her with the list of violations or the certificate as required by
§391.27;
(b)(7) Is not disqualified to drive a commercial motor vehicle under the rules in
§391.15; and
(b)(8) Has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with
§391.31, or has presented an operator’s license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with
§391.33.
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 35 FR 19181, Dec. 18, 1970; 36 FR 222, Jan. 7, 1971; 36 FR 24220, Dec. 22, 1971; 45 FR 46424, July 10, 1980; 52 FR 20589, June 1, 1987; 59 FR 60323, Nov. 23, 1994; 60 FR 38744, 38745, July 28, 1995; 63 FR 33277, June 18, 1998]
Qualification and disqualification of drivers
§391.13 Responsibilities of drivers. In order to comply with the requirements of
§392.9(a) and
§393.9 of this subchapter, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the person—
(a)
Can, by reason of experience, training, or both, determine whether the cargo he/she transports (including baggage in a passenger-carrying commercial motor vehicle) has been properly located, distributed, and secured in or on the commercial motor vehicle he/she drives;
(b) Is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle he/she drives
Now........For every "Rule" in the FMCSA handbook.......There is a "criminal code" in 49CFR to back it up. 49CFR is how LEO's write citations for violations.....and Court Judges levy fines and jail time...not by the FMCSA's "Driver Handbook".
