Former Swift trucking school students win court battle

Discussion in 'Trucking Schools and CDL Training Forum' started by Gary7, Oct 21, 2011.

  1. Gary7

    Gary7 Light Load Member

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    Thousands of former students of a truck driving school operated by Swift Transportation are now eligible to join a lawsuit against the trucking giant.
    On July 1, U.S. District Judge Bernice Donald granted class action status to as many as 8,700 former students of a Swift’s driving school. The ruling means the group has the power to combine individual interests for either a settlement or court trial win.
    The former trucking school students say Swift’s testing procedures violated state and federal law, and resulted in Tennessee and other states revoking their licenses after an intense multi-agency raid on Swift offices.
    In February 2008, the state-certified CDL testing center at a Swift Trucking facility near Memphis was raided by the FBI’s Joint Terrorism Task Force; the U.S. Department of Transportation inspector general; Secret Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Bureau of Immigration and Customs Enforcement; U.S. marshals; Federal Motor Carrier Safety Administration; Tennessee Highway Patrol; and the Tennessee Department of Safety.
    Documents were seized, and the investigation reportedly centered on the illegal issuance of CDLs.
    Although no criminal charges emerged, Tennessee announced in 2009 that drivers who obtained a commercial driver’s license through an unnamed third-party tester in Tennessee between May 2005 and January 2008 might be required to do a complete retest, according to the Tennessee Department of Safety.
    Until the 2008 raid, Swift had been allowed to be third-party CDL testers and the company housed a state driver’s license station.
    Tennessee mailed letters to at least 1,300 CDL holders in that state who obtained their CDLs from the Swift-run CDL testing facility near Memphis, TN, between May 2005 and January 2008. New Jersey, New York, Georgia and Pennsylvania sent out similar letters.
    A separate lawsuit filed against Pennsylvania over the Swift CDL issue resulted in a settlement. The settlement allowed truck drivers affected by the Swift ordeal to retake their CDL exams in Pennsylvania.
    Tennessee estimated in 2009 that the case affected at least 5,000 truck drivers nationally who were issued CDLs from the third-party tester during that 32-month span.
    Out-of-state trucking school students such as Dennis and Francis Wolf obtained Tennessee residence by staying in an area motel for a few weeks before moving back home.
    Several deadlines that had been set in preparation for a February 2012 trial date

    read more http://www.landlinemag.com/todays_news/Daily/2011/Jul11/071111/071411-01.shtml
     
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  3. Injun

    Injun Road Train Member

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    Kinda saw that coming.

    But to call it a raid is a bit of a stretch. Some guv'mint officials showed up at the school asking for documents. Swift requested to see warrants. G-men said see ya tomorrow. Swift gathered up all requested documents and boxed them up. Next morning, G-men were back with requested paperwork and the boxes were hauled out to waiting transport. Between the two days, the entire transaction took less than 45 minutes.

    Some raid.

    Gotta love media sensationalism.
     
    sweetdaddy915 Thanks this.
  4. 1TMC1

    1TMC1 Light Load Member

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    I wonder what exactly they are suing for.

    I understand the inconvienance of having to retest, but surely the inconvienance of being involved in the suit is greater than that.


    Yeah, SWIFT screwed the pooch and deserves some kind of sanction or punishment which I'm sure has already been met out. Usually someone has to have damages to sue.

    Aside from having to retest, what's the damages?
     
  5. georgeandson

    georgeandson Heavy Load Member

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    I heard about this a few years back, Swift had some school that umped out drivers like candy but they had to stay in a hotel while there and change their address...then after they got their cdl they switch back to their home state. I can't remember what forum it was on but its out there. Some people called them out way back about this. I guess they got what was coming to them.

    Nothing better then seeing some scammer get busted LOL IN YOUR FACE SWIFT!

    I can't stand seeing drivers get treated like garbage by companies like swift. All these people wanted, was to put in a honest days work and earn a dollar.
     
  6. cadillacdude1975

    cadillacdude1975 Road Train Member

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    if i remember correctly, this directly stemmed from a driver who was not born in this country who got involved in an accident in Ohio, killing many people. the CDL was traced back to the millington facility, and i guess he knew someone and just paid for the passed test results.

    i may be wrong. so dont flame me if i am lol but i think that is what started this whole thing.
     
  7. sweetdaddy915

    sweetdaddy915 Medium Load Member

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    I think 1 dude was rite about the wreck then the case work an tracing it back 2 the swift driving school, butt if my shoddy memory serves rite dude tht wreckd was with someone else by then an they wantd 2 knw where he gott his cdl so they dugg deeper an found he got it @ the school over dare in memphis, an that's when they found out about the people not being state residents of tennesse an the ordeal began

    Man they had every alphabet bureau involved in tht deal
     
  8. RickG

    RickG Road Train Member

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    They had their CDL's revoked and had loss of income while waiting for retesting .
    The state of TN certified this great school as well as this one . http://www.etrucker.com/2009/07/13/officials-probe-tenn-driving-school/

    Yessir , wannabes can have great confidence in these certified instituions . :biggrin_25523:
     
  9. Injun

    Injun Road Train Member

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    Licenses were not revoked. Letters were sent out to retest within a certain time frame. I believe they were given a year to get it done. Some few say they never received notification and, as promised, those licenses were invalid.

    The practice of getting permits and licenses in another state than the home state and then transferring them back has been wide spread throughout the industry for a lot of years. Many companies still do this. Not saying that makes it right, it just is.

    Now. No lawsuit has been won. The only "victory" has been the granting of class action. As far as I can see, that is no victory for the plaintiffs. It is, however, for the lawyers if a settlement is ever awarded.

    I don't know anything about an ineligible applicant/CDL holder causing a multiple fatality crash. I will say that part of the records examined by several agencies included falsified citizen documentation. Swift was not found to be responsible for these in any way. They went off documentation presented to them. They are not FBI agents or Secret Service officers. They are secretaries. If a document looks authentic, it is accepted. This is one reason a birth certificate is virtually worthless in proving identity. There is absolutely no way to prove it belongs to the person in whose hand it is without use of a fingerprint database. Last time I checked, Swift does not have access to one.
     
    Last edited: Nov 25, 2011
  10. RickG

    RickG Road Train Member

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    Thanks for the correction . A lot of misinformation on the retesting . Allowing them to keep the CDL's doesn't make sense though . If they weren't properly tested how can they be considered qualified ?
     
  11. Injun

    Injun Road Train Member

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    The states didn't want to penalize drivers who went through the program in good faith. Yet, they wanted to ensure the right steps were taken and properly documented. Since Tennessee couldn't provide it and Swift's information was in question, the retests were necessary.

    My opinion,if you've been driving for six months or more, you should have no problem passing a practical test. If you do, you shouldn't be driving anyway.
     
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