Are you being intentionally obtuse? If he picks up a sealed load and the company absolutely forbids him to break the seal to make sure the load is properly secured inside the trailer than the company should pay any fine that he gets as a result. If they do not then he needs a new company. I've never had much of an argument from a company on this point. I guess I have been lucky.
ok got a insecure load ticket
Discussion in 'Experienced Truckers' Advice' started by iceman3525, Sep 1, 2012.
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once he accepted a load, he accepted ALL things that happened to it from that point on...
go back and re-read his very first posting, where he says NOTHING about calling dispatch to inform them. in fact, here is what he has said...
now you or anyone else, TELL ME where he asked dispatch what to do, and WHETHER OR NOT THEY WOULD ACCEPT ANY TICKETS ON HIS BEHALF..???? (obviously HE DIDN'T as he is HERE crying about it now...!!!)
i too have had loads i could not break open the seal, or I KNEW the weights were going to get me a ticket, but guess what...I CALLED DISPATCH AND WAS TOLD,.... "run with it, we will take care of any tickets"....and in my 25+ years, i never had ANY PROBLEMS with anyone in dispatch (or the company) accepting that responsibility they took over...
so therefore, our illustrious o/p DID NOT GET PERMISSION to run with this load, and have the company ACCEPT ANY RESPONSIBILITY..!!
now too comes along another point i brought up, and that could have been possible CSA points..
WHAT WOULD YOU WANT, for the company to accept CSA points on his behalf as well..??
i think your end of being "obtuse", is that you ain't too sharp.....(look up the definition....that is, if you know how to do so). -
§ 392.9Inspection of cargo, cargo securement devices and systems. (a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless
(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in§§393.100 through 393.136 of this subchapter.
(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle's cargo, are secured; and
(3) The commercial motor vehicle's cargo or any other object does not obscure the driver's view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle's cab or driver's compartment.
(b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4) of this section, the driver of a truck or truck tractor must
(1) Assure himself/herself that the provisions of paragraph (a) of this section have been complied with before he/she drives that commercial motor vehicle;
(2) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and
(3) Reexamine the commercial motor vehicle's cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever
(i) The driver makes a change of his/her duty status; or
(ii) The commercial motor vehicle has been driven for 3 hours; or
(iii) The commercial motor vehicle has been driven for 150 miles, whichever occurs first
(4) The rules in this paragraph (b) do not apply to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable.
Hopefully this will help you with your case. Just the same, I have to agree with the folks who pointed out that you should have noticed the leaning trailer and stopped.
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otherhalftw, CondoCruiser, CAXPT and 1 other person Thank this.
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well you got it, had a load of meat shift on me, FDA Customs seal, good all the way to Idaho, went over the scale at the port of entry overweight on my trailer, had already crosses the scales at port of entry for WY. Went to court showed the load had to have shifted, had copies of the paperwork, case was thrown out for the above stated reason. Seal could not be legally broken except by a customs officer, a FDA inspector or the consigneee
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Something is missing here. Why did it take a leo to recognize the trailer was leaning?
You can look in your mirrors and notice a trailer leaning. That should of threw some questions right then.
Plus for the trailer load to shift someone took a ramp too fast. They were with in inches of rolling.
Besides all that the ticket will probably stand because the shift was recognizable from the outside and the company should pay for it. Whoever picked the load up should bear responsibility because most likely they closed the doors and sealed it.CAXPT Thanks this. -
BTW: Obtuse as in "blunt in form" means not your attitude but a shape. Are you saying your fat and round without any sharp edges because that is what you appear to be showing in not being able to read a dictionary. -
I got advice from several drivers when I started out. One was to never haul a load unless I could pop the doors and check it out.
I refused two loads of paper rolls due to them being a "suicide load". Meaning they were loaded straight down the middle.
Another reason to open the doors is to know where to place the tandems. The city driver that brought the load to the yard probably didn't scare it -
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Lol, I'd just noticed the title, "Insecure Load".
I guess the only way to fix that is to build it's confidence up?
Sorry iceman, couldn't help myself.
It's been a long time ago but I got a sealed relay in Knoxville, TN. The guy even gave me a copy of the scale ticket. It was a load of welding rods. As most of you know the coops are right there. I got an overweight ticket because the previous driver slammed on his brakes somewhere down the line and the load shifted. They wrote me a ticket in the company's name and let me go. Something they don't do today. The company paid it and that was the last I heard of that.
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