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If you have a good lease agreement it would have had an expiration or termination clause stating:

upon expiration, termination and or resignation, the independent contractor Must immediately remove all company signs placards copies of carriers operating authority and lease agreement from vehicle(s).

Now the next course of action requires someone from your organization to monitor your road-side inspection and verify the information is accurate and it does not reflect driver(s) that are no longer with your organization. make sure you document when a driver resigns or quits. If during the course of reviewing your road-side inspection data you find a driver that is not longer with your organization you will need supporting documentation to prove that said driver was not employed with your organization while this road-side inspection was being conducted. Than you fight the entire inspection(s) via Data Q

 

Ya, he could do it legal....and spend 2 weeks on the road and clear a big whoppin 6 or 700 dollars, choice is yours, thats for sure. I just know this will be one of those "IS THIS ALL I CAN MAKE" deals comin.. Next will be cryin about the paycheck and wanting more money. People today need to face a few facts : Work is Work, nothings free, and truckin aint no 9-5!! Can't take the heat, get out of the kitchen, or go (work?) for werner! LOL jus havin some fun with ya. He aint gonna do nothin, people dont take pride in what they do anymore, its all about gettin paid as much as possible while doin as little as they can get by with. Then they'll wounder why things like "Arrow" happened!!

 

Your Attorney

 

Your log dept is correct, all time spent dealing with work is logged as line 4, waiting to be loaded/unloaded/assisting is line 4 on-duty not driving, however if you can go to the sleeper and read a book or take a nap while they load/unload you this would be fine also.

No one should be telling you to JUST log 15 minutes for loading/unloading, they should be saying 15 minutes or however long it takes you to deal with it must be logged all that time, this is DOT not your log dept.company

 

Out of the blue................!!!!!!

Glad to see you posting !!!!!!!

 

Thanks for the info. All has been resolved on that front.

 

They are not telling them to log it on line 4...they are saying log 15 min on line 4 and the rest on line OFF DUTY. If they require him to remain at the truck, and he is not free to persue his own interests he is NOT off duty. D.O.T. addresses the issue very clearly. Their manual expressly forbids them from leaving the truck during load or unload. Now if by some weird quirk of fate something weird happens and he is caught not logging it correctly (it has happened to a couple of drivers we know) he gets the fine, possibly an out of service and the company says "We didn't say that", D.O.T isn't going to care whether they did or not. It is the drivers responsibility to know the rules and log according to them.

Randall..............he's always run legal and made 3000 plus miles a week, and made a good living...that wasn't the issue. Your assumptions are way out of line, he's got 25 plus years driving, never had a ticket, wreck or any other issue in a commercial vehicle. I think I'll let you guys have the board, I didn't realize what a chop shop this was.

 

"Always run legal and made 3000 plus miles a week, and made a good living....He's got 25 plus years driving, NEVER HAD A TICKET, WRECK OR ANY OTHER ISSUE IN A COMMERCIAL VEHICLE" LMAO, (some of the best drivers who ever drove a truck died behind the wheel), ok, so whats the gripe???? He's gonna quit his job over a dispatcher telling him to log 15 min for unloading, (which by the way is all the LAW says you have to log for unloading)? Sorry, no sympathy here!!!!!! I think your turnin a mole hill into a mountain here myself.

 

can you get both drivers fired if your a team and one or the other forgets to log themselves in both drivers have plenty of drive time left

 

Oh? Where in here does it say you only have to log 15 minutes for loading/unloading even if it takes more time than that?

Applicable part of above link as follows, red highlight to note most relevant part:

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.