When asked to run illegally...

Were you just told to run illegally or were you given dispatch sheets showing this information and if yes do you still have them?

 

If you have the dispatch information report them to the FMCSA and to the state that there headquartered in... Because it's illegal for a employer to retaliate against a driver who refuses to break the laws

 

Here is a link on where to report the company: http://nccdb.fmcsa.dot.gov/

 

Lmao. Wow. Driver u need to man up, and start turning some miles. No rly, that is deff. grounds to be a whistle blower. Hope everything works out for U

 

Someone just got I think somewhere around $175-190,000 in a lawsuit for JUST THAT!

 

Hope you have some way to prove it, if you do, god pity the fool who told you to run it. BTW, how far was the trip from where you were to unload point in N.J.?

 

Hows about this ... The govt. should just regulate minimum overtime pay in relation to HOS. Write up legislation that would make it so that if a company wants you to run all night they must pay you 8 bucks a mile after your 11th hour driving or 14th on duty. Same deal as minimum wage. None of those cheap ######## would ever have you running over hours then lol. 65mph x 8 bucks is 520 bucks an hour.

On a serious note. If it starts to look like you'll be out of a job at some point you could always CC whoever is taking care of logistics on the military end in a couple e-mails too. That might make smore poop hit the oscillator.

 

https://www.osha.gov/as/opa/worker/complain.html

File a complaint with OSHA and they will be penalized and forced to pay you for them suspended days. You will also be protected from further retaliation or they face more penalties and open up for a major lawsuit.

The dummies need to learn the rules. I got a feeling they think running a non-CDL vehicle is totally separate from the HOS. The whole purpose for a driver to fill out the previous 7 days is to make sure he hasn't exceeded his 70 hours and that he has had a 10 hour break. You can work a 2nd job at McD's and the 10 hour break still applies.

If you did run the load not only do you get in trouble but they get in trouble. If they don't change their attitude they won't be in business long with CSA2010.

If you observe other illegal activities report their butt. If they encourage falsifying documents like RODS they will audit them and nail them to the wall.


You can ride the wave but I would silently look for another job. Things might get uncomfortable around there. If they want to suspend you when you are right then they need to be set straight.

You did the right thing. Most would run it and ask questions later which makes them just as guilty.


Another option is when you go back in off suspension explain to them they were clearly asking you to violate the FMCSA regulations. By suspending you they violated OSHA laws. Either pay me for those lost days and we'll put this behind us or I'm going to file a formal complaint against you that can cost them over $10,000.

Then they might come back and fire you. Then you get a free vacation because they will be forced to pay you all lost time and reinstate you. You are afforded protection under the Whistleblowers Act and them lawsuits are like winning the lottery.

 

Also, you are not covered under the 150 mile exemption if you worked from 6am to 8pm, that is 14 hours and even if you stayed in the same town anytime your duty shift is greater that 12 hours you must complete a log book, even in non-cdl trucks as long as the gross vehicle weight rating is greater than 10,0001 pounds (this is the limit the DOT uses to determine if it is a commercial vehicle).