discipline for driving an unsafe truck?

Discussion in 'Trucker Legal Advice' started by newbie driver, Feb 25, 2013.

  1. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Going to a scale house and asking to have an inspection done on a truck you KNOW is defective is absolutely ridiculous. YOU will be written up for anything they find wrong with the truck, and YOU will get the CSA points for driving the truck with those defects to the scale house. Not only that, but your company probably won't pay ANY of the tickets for you because they aren't going to be too thrilled with the fact that you went into the scale house begging for an inspection. Do you think they are going to care if your CDL gets suspended for not paying the fines? Sure...the truck will have to be fixed. You won't be the one driving it anymore, though.

    If you don't think they are providing you with a safe truck to drive, and if they are unwilling to fix the truck, your best bet is to hand them the keys and go drive somebody else's truck. If enough drivers would simply refuse to operate unsafe trucks, either the truck owners would fix them or they'd sit on the yard not being used.
     
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  3. CondoCruiser

    CondoCruiser The Legend

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    They don't know the specifics if you don't explain your situation completely. Trust me we get both ends of the spectrum on here.

    Not trying to be an arse but as for the regulations you have been driving for four years. It's part of your job to know them. Start reading that green and white book or you can read them online here. They'll save you!

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section_type=A
     
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  4. truckersjustice

    truckersjustice Light Load Member

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    Sep 1, 2011
    Burnsville, MN
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    First of all, there is a law called the Surface Transportation Assistance Act ("STAA") which contains a provision stating that a no person may retaliate against a driver because:

    1. The driver files complaints with the government or the employer which are related to violations of commerical vehicle safety regulations. The complaints simply have to be based on a reasonable perception of a violation of a commercial vehicle safety regulation. Example, complaining on a post-trip inspection that you have a bald tire, or an audible air leak; or

    2. The driver refuses to drive where, absent his refusal, an actual violation of a commercial vehicle safety regulation would take place. Example, refusing to drive in violation of the hours of service regulation, refusing to drive with a bald tire; or

    3. The driver refuses to drive based on a reasonable apprehension of serious injury. Example, radio and tv reports, are for dangerous weather, heavy snow, high winds, along the route of travel; or

    4. The driver accurately records on duty time.

    Some tips:

    1. Use camera and other documents to document the violation.
    2. Use text and qualcomm (take pictures of messages) to request the truck or trailer to be repaired, detailing the defects, and to convey the refusal to drive, if possible.
    3. Try to work with the employer nicely to correct the defect. E.g., tell them a dispatch violates the HOS, ask the load be rescheduled. Or, offer to take the load but inform them that you will only drive up to just before you run out of hours.

    The following relief is available to you if you are fired in violation of the STAA:

    1. Reinstatement;
    2. Back pay with interest;
    3. Provable damages for mental pain;
    4. Cleasing of work record/DAC Report;
    5. Punitive damages;
    6. Recovery of attorney fees and court costs (some attorneys work on a contingent fee basis.

    Paul Taylor
    Truckers Justice Center
    www.truckersjusticecenter.com
     
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  5. newbie driver

    newbie driver Light Load Member

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    Feb 6, 2008
    Mt Horeb WI
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    Well apparently my taking a stand did pay off this time, truck got put in the shop, new leaf springs, new exhaust, new u-joints, new brake chambers, electrical issues fixed, all lights, turn signals and flashers working properly. (actually upgraded to LED's while they where at it) all of the air leaks repaired, fuel gauge fixed, new gas pedal (that was sticking) heater is working, still has leaks in the cab but more tolerable now that I do have heat, and the clutch was adjusted. They cant figure out why the tach isn't working but they say that they are going to work on it. oddly enough, the old cummins under the hood runs like a top. Our mechanic is kind of mad at me right now, but I have a truck that I dont have to be scared to drive anyway, so I dont really care.
     
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  6. truckersjustice

    truckersjustice Light Load Member

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    Burnsville, MN
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    In my experience the mechanics usually want the repairs made and it is the dispatchers who want the trucks on the road. Also, the ones at the carrier responsible for paying the bills are often the reason why repairs are not made.

    Paul Taylor
    Truckers Justice Center
    www.truckersjustice.com
     
  7. newbie driver

    newbie driver Light Load Member

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    Feb 6, 2008
    Mt Horeb WI
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    that is usually the case, but I think that our mechanic is trying to make himself look better to management by keeping the costs low by not actually doing the all of the necessary repairs, I know it doesn't make sense, but I work for a second generation family business that as near as I can see the second generation has milked the company out since there dad died 12 years ago, (our newest trucks where purchased by their father just before he died) the mechanic has been pressured to make only absolutely essential repairs. The company has also downsized from 90 employees to about 20. about 2 years ago they hired a non family manager to try to turn the company around. he has done a good job trying to work with what is left of the company, but he is still trying to convince the owners that it is in their best interest to put money back into the company. I will stick it out with this company for a little while, If I see no improvement I will go elsewhere.
     
  8. newbie driver

    newbie driver Light Load Member

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    Feb 6, 2008
    Mt Horeb WI
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    Well, they made it a couple of weeks, bushing wore out on the shocks and I cant get them to fix them, (a relatively cheap fix) they say that if they fix every problem with the truck they will have more stuck in the old truck than it is worth (I know this is not a lie, but doesn't excuse ignoring the problems) So far they have put about $5000 into upkeep on the old truck just this winter. I don't think that I will be able to convince them that putting a truck that is more than likely going to break down is NOT ACCEPTABLE. The other truck that I drive is a 99 sterling, right now this truck is still roadworthy, however they do refuse to fix the AC, not too much of an issue this time of year, and they don't like to put tires on until they are completely worn to nothing. Things are going to have to change.
     
  9. truckon

    truckon Swamp Thing

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    Dec 16, 2011
    Like I'd tell you!
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    I've had DOT officers tell me they will inspect a clean truck before a dirty one, if I had to inspect a clean or dirty one I would always take the clean one....why get dirty when you don't have too? ?
     
  10. truckersjustice

    truckersjustice Light Load Member

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    Sep 1, 2011
    Burnsville, MN
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    [FONT=Garamond, serif][/FONT]
    [FONT=Garamond, serif]In a decision issued April 1, 2013, Judge Lee J. Romero, Jr., an administrative law judge of the U. S. Department of Labor has ordered Cargo Express, Inc., a Boise, Idaho motor carrier to reinstate a former driver and pay him back pay and punitive damages. Judge Romero found that Cargo Express violated the law when it fired Mr.
    Graff because he complained of an oil leak and an air leak on his assigned truck, and because he refused to drive the truck due to these defects. Cargo Express claimed that it fired Mr. Graff primarily for failing to meet a monthly standard for miles driven. The judge was not persuaded because Cargo Express had fired no other
    drivers for low miles driven during the time Graff worked there, and there were other drivers with mileage
    performance issues who were not fired.
    [/FONT]

    [FONT=Garamond, serif]Judge Romero ordered Cargo Express to reinstate Mr. Graff, and pay him back pay of [/FONT][FONT=Garamond, serif]$65,767.24
    and his attorney fees. He also awarded Graff punitive damages of $25,000.00 because Cargo Express's "
    [/FONT][FONT=Garamond, serif]actions
    rose to the level of reckless or callous
    [/FONT][FONT=Garamond, serif]disregard" for Mr. Graff's rights. [/FONT]
    [FONT=Garamond, serif]
    Graff brought his claim under Section 405 of the Surface Transportation Assistance Act which prohibits retaliation against commercial drivers because they made complaints about violations of commercial vehicle
    safety regulations or refused to drive in violation of a commercial vehicle safety regulation.
    [/FONT]

    [FONT=Garamond, serif]Mr. Graff was represented by Paul O. Taylor, an attorney with Truckers Justice Center in Burnsville, MN. [/FONT][FONT=Garamond, serif]www.truckersjusticecenter.com[/FONT]
     
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  11. newbie driver

    newbie driver Light Load Member

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    Feb 6, 2008
    Mt Horeb WI
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    Its been a few months since I made this post, but I thought that I might give an update. In an unusual twist of events, I am now our fleet mechanic, as well as being a driver. The old mechanic who had been there since 1981 left when they started putting pressure on him to actually do his job in may. I am still driving the 99 sterling, and the old ford semi tractor. This summer we took the old truck an stripped it down to nuts and bolts, and put it back together, fixed all of the mechanical problems, ground off the rust, and repaint the frame. we are still working on the cab, right now it kind of looks like a mess of patches putty and primer. it is roadworthy and ready to run otherwise. And for anyone who is wondering, No, I was not looking to take our mechanics job. I am not a mechanic nor am I interested in being a mechanic. I am just a mechanically inclined driver helping them out until they find a new mechanic.
     
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