What to do when a dispatcher tries to force a load on you?

Discussion in 'Questions From New Drivers' started by Xzay, Sep 29, 2016.

  1. Xzay

    Xzay Light Load Member

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    happened to me for the first time yesterday. it wasn't my driver leader/manager either(shes cool as hell)..

    It was a dispatcher in the terminal closest to the city I was dropping in.

    Anyway, Im low on my 70, and actually decided to just take my 34 hour reset today.

    Yesterday I had abut 8 hours of driving, and used it to deliver a load that was about 370 miles away.

    While im at the shipper I get a load saying they want me to get another load after I drop off, and take it to ohio. The trip was around 14 hours.

    Now I knew it was no way for me to pick up that load with only 8 hours of on duty time I had yesterday. On top of that, I only had 9 recap hours for today, then 8 for tomorrow.

    The load delivered at 8am on Friday, and I just didnt see me realistically making that load on time, especially since I wouldnt even be able to pick it up until the morning and would only have 9 hours of driving time today, not including on duty time for fuel, then finding a place to park, traffic etc...

    I respectful decline the load and tell her WHY.

    She messages me back and says "you have recap hours than you gain every day at midnight, this load can be done"

    Like I dont know what recap hours are da hell.

    It wasnt until i just sent in another message saying that im taking my 34 hour that they finally took me off the load.
     
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  3. stayinback

    stayinback Road Train Member

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    Welp...Years ago, Drivers would Suck their dispatchers Nipples to any/all costs....THESE DISPATCHERS BECAME ACCUSTOMED TO THAT- (Very key to my point here)...

    Then, A Huge Game changer came into effect......Planners and dispatchers sometimes just don't get it yet.......Can't do those kind of things Today- Huge Fines and points for getting caught running Wild without Hours.

    Yeah, Nobody wants to lose a customer- But you did the Right Thing -
     
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  4. KD5AXG

    KD5AXG Papa Bear

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    Dispatchers who have never driven chap my hide. Some aren't so bad.

    But I agree, you did the right thing. Although paper says you *might* could make it, reality says different.
     
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  5. 207nomad

    207nomad Medium Load Member

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    Whenever this happens to me, or I call dispatch, or am talking to dispatch in their office and I feel as though they're trying to force me to run illegally or unsafe, I record the conversation.
    I downloaded a voice recorder on my iPhone for free that records conversations and a phone conversation recorder for $9.99 and they're both worth their weight in gold. Be sure to check your local laws regarding recording conversations because it could end up biting you. But where I am, Maine has a 1 party law, meaning only one party has to be aware of the conversation.
    I haven't had to do anything with the conversations yet, but it's always good to have insurance. They want to play hard ball and make you run illegally or unsafe after you've told them you can't, fine, but safety will be notified with the conversation attached.
     
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  6. MysticHZ

    MysticHZ Road Train Member

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    Who do you drive for?
     
  7. CJndaTruck

    CJndaTruck Road Train Member

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    ^^^swift

    370 miles and doesn't deliver till Friday? Pfft you could have done 800 miles by then. But I commend you on sticking to you guns. Show the man how it is done.
     
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  8. Xzay

    Xzay Light Load Member

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    No, i was already dispatched on a load when they sent me the other one.

    The load I was on was 370 miles and I was still at the shipper.
    The load they sent me was to be picked up right after I delivered that and was about 800+ mile trip and needed to be delivered tomorrow by 8am.
     
  9. Kyle G.

    Kyle G. Road Train Member

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    I can see how they would think you could do it, because on paper you probably could, but like you said, once you factor in fueling and parking and all the other on duty stuff, it would start getting pretty iffy. Good job covering your butt.
     
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  10. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    Or if youv accepted it take it as far as you could and let them be on the hook to repower the load.
     
  11. x1Heavy

    x1Heavy Road Train Member

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    fmcsa.dot.gov
    Coercion

    Coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary threatens to withhold work from, take employment action against, or punish a driver for refusing to operate in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial Regulations (FMCCRs). Coercion may be found to have taken place even if a violation has not occurred. An example of coercion is when a motor carrier terminates a driver for refusing to accept a load that would require the driver to violate the hours of service requirements. The following must have occurred in order for coercion to have existed:

    A motor carrier, shipper, receiver, or transportation intermediary request a driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs;
    The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation that would occur if the task is performed, such as driving over the hours of service limits or creating unsafe driving conditions; and
    The motor carrier shipper, receiver, or transportation intermediary make a threat or take action against the driver’s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur.

    To address the problem of coercion, the Federal Motor Carrier Safety Administration (FMCSA) adopted the Prohibiting Coercion of Commercial Motor Vehicle Drivers (Coercion Rule). The Coercion Rule explicitly prohibits motor carriers, shippers, receivers and transportation intermediaries from coercing drivers to operate in violation of certain FMCSA regulations, including the drivers' hours-of-service limits, the commercial driver's license (CDL) regulations, the associated drug and alcohol testing rules, HMRs, and some of the FMCCRs. The Coercion Rule allows drivers to report incidents of coercion to FMCSA and authorizes FMCSA to issue penalties against motor carriers, shippers, receivers, or transportation intermediaries that have coerced drivers.
    Filing a Coercion Complaint with FMCSA

    The Coercion Rule takes effect on January 29, 2016, at that time the FMCSA will start accepting coercion complaints from drivers.

    Coercion complaints must be filed within 90 days of the alleged coercion action.

    When filing your complaint, please include as much supporting information as you have, such as:

    Text messages or email exchanges between parties showing coercion attempts by a motor carrier, shipper, receiver, or transportation intermediary, as well as your responses; and
    Names of anyone who may witnessed the coercion attempt.

    All coercion complaints must be in writing and can be mailed to the Division Office located in the state where the complainant is employed or filed with the National Consumer Complaint Database.
    File a Whistleblower Complaint with the Occupational Safety and Health Administration (OSHA)

    Drivers have the right to question the safety practices of their employer without the risk of losing their job or being subject to retaliation for stating a safety concern. The Occupational Safety and Health Administration’s whistleblower statutes protect drivers from retaliation. Click here to file a whistleblower complaint with OSHA.
    Related Links

    Prohibiting Coercion of Commercial Motor Vehicle Drivers (Coercion Rule)
    Coercion Press Release
    FMCSA's National Consumer Complaint Database
    FMCSA Division Offices
    OSHA Whistleblower Complaints
     
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