Would this be abandonment?

Discussion in 'Questions From New Drivers' started by xlsdraw, Jan 2, 2017.

  1. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Why dont you just do this now. When the turbo is fixed/replaced, perform your DOT pretrip inspection.... to the "T". Inspect every aspect of the truck by the regulations. Fill out the inspection report, call the boss & tell him when all DOT defects are corrected, you'll come back to get the truck. He'll tell you to kiss his #$@ and tell you to go home if you dont like the truck etc, etc...
    That constitutes him firing you for not driving an illegal truck & that comes under coercion & your scott free. Call the wife & have her come get you.

    It'll be a lot cheaper for the owner to send someone after the truck than to fix all the stuff thats wrong with it.

    FMCSA Reg 390.5
    http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.390#se49.5.390_15
    "Coerce or Coercion means either—

    (1) A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require him or her to violate one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 171-173, 177-180, 380-383, or 390-399, or §§385.415 or 385.421, or the actual withholding of business, employment, or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for having refused to engage in such operation of a commercial motor vehicle; or

    (2) A threat by a motor carrier, or its agents, officers or representatives, to withhold business, employment or work opportunities or to take or permit any adverse employment action against a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require a violation of one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 356, 360, or 365-379, or the actual withholding of business, employment or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for refusing to engage in such operation of a commercial motor vehicle."



    §390.13 Aiding or abetting violations.
    No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.
     
    Last edited: Jan 2, 2017
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  3. x1Heavy

    x1Heavy Road Train Member

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    oooooo. Life is interesting now and worth living.

    THAT does not happen. Much. Did that poor truck fall down on the sword on purpose?
     
  4. xlsdraw

    xlsdraw Road Train Member

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    They're going to get me towed to Freightliner in Lake City.
     
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  5. x1Heavy

    x1Heavy Road Train Member

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    ALL YOU STUDENTS NOW IN SCHOOL WRITE THIS DOWN. /rant.

    If I had a dollar for every time I saw for myself what Recruiter says they aint....
     
  6. x1Heavy

    x1Heavy Road Train Member

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    Listen, you are not alone today. Visit here as much as you need to. Ive a pot of coffee with your name on it.
     
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  7. x1Heavy

    x1Heavy Road Train Member

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    Read this post carefully Sir. Read it again. Nothing like this existed until a few years ago. I have had employers use threats, violence and disclipine forms of alternate work as punishment from time to time when we got unruly and rebellious.
     
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  8. STexan

    STexan Road Train Member

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    Longview, TX
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    "Small company that runs equipment that should have been scrapped years ago". Can't expect much of anything good at such a company. I doubt such an outfit participates in the DAC system. But I can never recommend quitting while under a load and/or away from home terminal.
     
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  9. x1Heavy

    x1Heavy Road Train Member

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    I say this. Small company feeling the surge of heat in the blood after getting burnt by a bad employee will reach for the DAC computer reporting system with both hands and avarice in their hearts ready to completely as far as possible destroy little parasite employee that dared hurt them or cost them money. People are really baaad when it comes to striking back via lawful means such as DAC.
     
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  10. Ridgeline

    Ridgeline Road Train Member

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    Michigan
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    I have to wonder why isn't road service towing the truck to the drop, dropping the trailer off to be unloaded and taking the truck back for service.
     
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  11. KillingTime

    KillingTime Road Train Member

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    Looks like X, has his battle picked for the day. Lol.

    Luck getting either a rental or that beat machine fixed up @xlsdraw.
     
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