Legal definition of "truck abandonment"

Discussion in 'Trucker Legal Advice' started by brandond, Dec 5, 2009.

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  1. brandond

    brandond Light Load Member

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    I am curious to know what the legal definition is for truck abandonment which allows a trucking company to put truck abandonment on any drivers DAC report. I have a particular special set of circumstances to which I have this issue.

    It all began with this company I was driving for being so stupid to send a load to me that I told them I did not have hours for when they first sent it to me. I still had to drive to my destination and get unloaded. Fast forward to me getting there and getting unloaded. They again ask me to take the same load I told them no for almost 3 hours before. I again say no, only had 30 minutes left on my 11 hour clock, and could not drive 140 miles to get loaded in that time. Much less get loaded and drive all night to where that load had to go. They continually asked and border line begged me to take it. At which time I said I quit, not going to play games and be forced to run illegal. They then made me sit the whole weekend for a load coming out of Chicago. A load that picked up at 5p.m. and had to be in Tulsa Oklahoma the next morning at 8a.m. 736 miles. I am supposed to be able to pull that off in a 65 mile per hour truck. I didnt argue, waited til the morning of the day I was to pick up the load and called the log department. Log department called my driver manager and made them push the delivery back giving enough time to legally run the load. All is well. Told Log Department and terminal manager both I was not going to quit over them asking me to run illegal and would see to it someone got fired before I quit over that kind of stuff. Although, they succeeded in making me quit by pushing illegal loads again and again and again.

    I never ran illegal. I delivered my last load 200 miles from my home. Sat waiting for another load, they tried pushing the illegal one. Turned it down. Then they complained that they lost the load because I would not take it. Mind you this was done over the computer. Messages over the computer are saved and from what I understand can legally be entered into a court room. Under subpeona.

    Long story short, got home at 4 in the morning after I just went on a head and drove to my home. Sent a message saying I quit, they need to call me to work on getting their truck back to them. My terminal manager refused to let me take the truck where I picked it up from. So I told him I wasnt taking it anywhere else but to where I got it from. To ensure that they could not put truck abandonment on me. I wasnt even home but maybe 15 hours before they sent a wrecker company over to pick the truck up and drive it to their storage lot. Which is in the same town I live in.

    All those messages sent to and from that truck on the computer will be used in court. Along with the recorded phone call with the terminal manager. I am just curious to know what the legal term definition of truck abandonment is. I was sending messages from in the truck that day, dont see how they could even call it abandonment. I plan on using all of it to report them for running illegally, and of course to fight this truck abandonment b.s. Thanks for your help.
     
  2. dancnoone

    dancnoone <strong>"Village Idiot"</strong>

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    The legal definition of abandonment......

    Not dropping the truck where the company request.

    It doesn't matter if it's BFE 1500 miles from your home.
     
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  3. Markk9

    Markk9 <strong>"On your mark"</strong>

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    You have to drop the truck where they request it! You screwed up.

    Mark
     
  4. RickG

    RickG Road Train Member

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    There are no legalities involved unless it was specified in a contract which I doubt it was .
     
  5. jtrnr1951

    jtrnr1951 Road Train Member

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    Stick a fork in yourself , YOU'RE DUNNNNNNNNN !!!!!!!!!!!!!!!!
     
  6. brandond

    brandond Light Load Member

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    LOL, hmmm. Boy you guys dont know nothin. Even returning it where they "request" (if its not where you picked it up) you could do that. Return it where they say to and STILL get abandonment.

    There was a person that called me today. Somehow he was under the impression the truck had been sitting here not doing anything for a week. Apparently somebody lied to somebody trying to cover their rear because they know their ship is sailing away and nothing they can really do about it. There has to be some kind of legal definition of abandonment for them to put that on your employment record. DAC is just another consumer report. They have laws they have to follow just like anybody else.

    I think mainly it was for the person to say without saying, if you forget us, we will forget you. But I will find out next week. I know one hand washes the other. I suppose I could let what I got against them go and keep quiet about it if thye just pay what is owed and dont put erranous junk on my DAC report. The guy was kind of aggravated to here that the guy that sent the wrecker did so with me only being home for 15 hours, and even more upset the truck was still in the same town. Nobody planned to come pick it up yet. Contradictory statements from several people there though. 2 so far have agreed I needed to take it to where I picked it up from to cover my own butt, and one claims I should have taken it to where the guy wanted me to.

    I am supposed to be getting a call monday regarding the whole fiasco. Will see then I guess.
     
  7. LavenderTrucker

    LavenderTrucker Medium Load Member

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    They know enough not to be tangled up in the mess your in. They know enough to be driving and making money.
     
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  8. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    There is no legal definition of truck abandonment. It's whatever the company decides to say. In '05-'06, I worked for Henderson and we had a drop lot here in Kingman, which was the Freightliner dealer. They are open 17 hours a day with security cameras and the lot is open 24 hours. We had loaded trailers sitting here waiting for swap drivers to pick them up. I dropped my load as planned and quit over the Q-comm. I then changed my mind about a week later, and they "re-hired" me and put me back in the same truck which was used for a loaner while a driver's truck got repaired. A few months later, I quit again, exactly as before, and they put abandonment on my DAC. :bootyshake:
     
  9. RickG

    RickG Road Train Member

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    Once you quit they had no choice but to pick the truck up . You were no longer authorized to be in it .
     
  10. truckerdave1970

    truckerdave1970 On Probation

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    I guess I am blessed! When I was summoned to the terminal in Columbus to be fired, I was allowed to bobtail 129 miles home to clean out the truck in my driveway and then bobtail 129 miles back to the terminal to turn it in, huh?
     
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