Bad Day at Black Rock

Discussion in 'Trucking Industry Regulations' started by Mike_MD, Dec 11, 2009.

  1. Mike_MD

    Mike_MD Medium Load Member

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    A medium sized company of 32 drivers runs many owner operators and contract drivers. The company's lease agreement is skewed in favor of the carrier; however, it violates Part 376.12 as the language does not specify what charge backs maybe deducted, does not specify the vehicle is in dedicated service to the organization, does not specify who is responsible for the IRP or IFTA, and does not include copies of the source documents for loads paid on a percentage. The lease agreement is filled with contradicting statements, i.e. carrier should charge the driver for any insurance deductible in one paragraph and the carrier is responsible for all deductible payments in the next paragraph.

    The company owner is on a honeymoon in a southern state; however, he is deliquent on the first payment for five vehicles with a $163,000 loan. How do I know that? The banker called the operations manager and the operations manager gave the bank my phone number.

    Two drivers must have thought they were being coy... The drivers falsified their DOT medical form. Drivers should NEVER falsify their medical. An expired medical is a critical violation under Part 391.45. A falsified medical card is an acute violation under Part 390.35:

    The acute and critical violations are listed in Part 385 Appendix B under the Compliance Review section at www.fmcsa.dot.gov

    One driver just changed the expiration date without changing the issue date. The other driver used a blank medical form and copied all of the information from one card to the other then forged the doc's signature. A call to both clinics that issued the medical certificates confirmed my suspicions.

    Since the carrier accepted both certificates they become responsible for the driver's violations.

    The carrier has a penalty where drivers are fined for violations, i.e. not turning in logs.

    I'm not sure the practice is legal:
    [​IMG]Can an employer fine an employee in Florida?

    In Florida it's illegal.

    WikiAnswers - Can an employer fine an employee in Florida

    At this time it's not clear if it's legal in all states:

    WikiAnswers - 'Can an employer fine an employee for non compliance of safety rules'

    I know there is a conflict as many truckers are involved in interstate commerce so they fall under federal rules.

    I think I would write my elected representative and ask them how is it an employer can penalize their employees. IMHO all the employer has to do is not let the employee work. Missing paperwork? No dispatch.

    Drivers need to be more aware of their actions and avoid making costly mistakes. I can almost guarantee the two drivers mentioned will be unemployed tomorrow. Merry Christmas?

    Be safe.
     
    kickin chicken Thanks this.
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  3. jtrnr1951

    jtrnr1951 Road Train Member

    Good info, thanks Mike.....
     
  4. RickG

    RickG Road Train Member

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    I've seen the medical forms for sale in fuel stops . Then drivers wonder why carriers only use their own clinics for physicals .
    Our safety department is very tough . Inspections on tractors are done every 60 days , trailers quarterly , not annually . That equipment won't move if the inspections aren't current . We have all our renewals listed in our Blackberrys so we can keep track of them .
    I worked for one company that would charge drivers for the $500 deductible on accidents and deduct it from their pay . Totally illegal .
    They cn hold you accountable for it but not deduct it from your hourly wages .
     
  5. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    If I'm not mistaken I think I saw a post from a covenant driver on here the other day that said they charge them $500 deductible if they have an accident. :biggrin_2554:
     
  6. RickG

    RickG Road Train Member

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    If it's in the contract they can demand payment but not deduct it from salary . Deductions from an O/O settlement may be different . O.K. I looked further on this . In some states employers can deduct for damge to property .
     
    Last edited: Dec 11, 2009
  7. jtrnr1951

    jtrnr1951 Road Train Member

    Medical forms are downloadable.........
     
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