FMCSA final rule, driver coercion (get your dispatcher arrested)

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by iceman32, Nov 27, 2015.

  1. iceman32

    iceman32 Medium Load Member

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  3. Hick

    Hick Heavy Load Member

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    So now we'll get extended delivery windows and a lot more sitting just so they can be sure we aren't being pressured into running illegal?

    Gubbament fixes everything.
     
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  4. Scooter Jones

    Scooter Jones Road Train Member

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    Elog mandate soon to follow...

    This publication was only meant to soften drivers up by making them feel they're empowered now, especially when it comes to shippers and receivers pooping all over us at times.

    We all know it's a crock. What are we supposed to do? Call the police on shippers/receivers who don't load/unload us within a "reasonable" period of time?

    The reality for me is that I haven't had a dm EVER try and coerce me to run illegally or unsafely in the 7 years I've been trucking. Because had they ever tried to do so, I would of told them to stick it where the sun don't shine.

    Now, getting stuck at shippers/receivers for long periods of time where it severely affected my 14 hour clock and ability to run productively, many, many times.
     
    Last edited: Nov 27, 2015
  5. iceman32

    iceman32 Medium Load Member

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    Its not about loading or unloading time. Read the article driver. If your dispatcher tells you to pick up a load 150 miles away and you've only got 3 hours on duty left, what are the chances of you running out of hours? Will the shipper let you take a 10hr break? If no then you will basically be forced to run illegal and FMCSA considers that "driver coercion", your dispatcher or shipper will pay for the consequences. And no you can't put it down as Off duty driving to find a safe haven, thats not how it works. Nor can you put a request for extra 2 hours to find a safe haven. That law is for hazmat haulers only, and only if there is an adverse weather condition.
     
  6. Scooter Jones

    Scooter Jones Road Train Member

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    I did read the article. If a shipper schedules a load for pick-up and doesn't load you within a reasonable window of time and then expects you to meet the scheduled delivery appointment time in spite of, that's coercion.

    This ruling is meaningless and has no teeth to it, whatsoever.

    Like I said, keep your eyes open for the next "ruling". That's one that will really count.
     
  7. iceman32

    iceman32 Medium Load Member

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    "In formulating this Rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations. - "
     
  8. iceman32

    iceman32 Medium Load Member

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    Ive had my fair share of experiencing of my wages being reduced because of a certain load I denied (due to hos), been threatened to take me off the lease program, and been taken off the good miles board and therefor the paychecks were not enough to pay my expenses and truck payments. Yah retaliation needs to stop.

    Im also keeping an eye out for the Western express and Werner class action lawsuits. Not paying for certain on duty work? No detention or layover pay? Oh hell naw. Ill see what the good old DC players will do about this. I dont know about you, but I dont work for free =p
     
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  9. Canned Spam

    Canned Spam Road Train Member

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    Just another meaningless "law" that will only hurt us somehow. It will never be enforced
     
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  10. 8thnote

    8thnote Road Train Member

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    I tend to agree with Scooter, in that this law is effectively unenforceable. If you live in Georgia, drive a truck tagged in Tennessee, with a dispatcher sitting in Kentucky, while picking up at a shipper in Florida, who are you gonna call to start arresting everyone when it takes too long to load your freight going to Virginia? Nothing is going to change unless shippers have a financial incentive to care about the drivers HOS. Sounds good in theory though.
     
  11. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    I had a dispatcher badger me for 20 minutes to pick up a load while I was on my 34. Finally he gave up. Ten minutes later the owner texts me and offers me an additional $250 if I will take the load.
    I still have the text, and all the phone call times are locked into the log on the phone.
     
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