Got let go today.... Now what? Update...see my latest post.

COBB2070 · May 3, 2019

rabbiporkchop said: ↑

I got fired once. I was working for somebody else two days later.
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But I still have to get that CDL this summer. Worried about how that my affect company sponsored training if I go that route.

x1Heavy · May 3, 2019

jammer910Z said: ↑

If you have those messages trying to COERCE you to drive past HOS regs.. and if it was a HM load that you aren't certified for..

You have a case against them and should pursue it for Wrongful Termination.
I don't think you want that job back.
It would be Hell on Earth.
But, if all you say is true, and certifiable, then you definitely should pursue it because the next young driver may not have the Stones that you have to stand up to them.

We used to haul a liad of Ether/Starter Fluid out of Philly to CLT years ago.
It was ORM-D.
I don't have hazM anymore and that just bothered me.. because that crap is highly explosive.

If it were car batteries.. YES .. you need an endorsement.
Were it Duracell aaa. . That may be a diff story.

It's all in the regs.
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I am familiar with ORM-D, that's the one Fed Ex dually light duty box markings showing up with my ammunition order from online. It's full of ammo believe it or not. Hundreds of boxes. (Makes for a few ton in weight too.)

I once tried to ship two individual 123 Lithium Batteries which is designed in that form to drive weapons lights and laser. And I found no one commercially that is able to ship such a thing.

Until I asked the right question, how do stores get those batteries delivered to them?

That's not for you.

Orly?

Chinatown · May 3, 2019

COBB2070 said: ↑

But I still have to get that CDL this summer. Worried about how that my affect company sponsored training if I go that route.
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Are going to work until you start cdl school? Plenty of non-cdl box truck jobs available until then.

ZVar · May 3, 2019

COBB2070 said: ↑

NON-CDL under 150 miles I can drive 14 hours and be on duty 16 hours in California. If I've been on duty since 5am and at 2pm my dispatcher asks me to pick a load in San Diego and deliver it to North Hollywood and I'm sitting in Commerce or Hawthorne, CA, (under 150 air miles from the terminal) I'm going to question my drive/od time when the load is delivered. If I drive over 150mi from the yard, I'm subject to 10drive/12od and have to keep a log (CA intrastate rules). If I drive out of state, I am subject to 10/12 and have to have an ELD in my truck.
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And since that was an interstate load, you were breaking HOS.
Since you willingly broke HOS, can you really not expect to get asked to again?

Also you turned down loads because you simply did not want to overnight at a hotel.

I'm not really seeing a surprise the company let you go.

Maybe if you refused the first time to run illegally and they fired you, you would have the moral high ground. As it is you are sore that their version and your version of running illegal are not compatible.

Flat Earth Trucker · May 3, 2019

CousinVinny said: ↑

Coercion

Coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary threatens to withhold work from, take employment action against, or punish a driver for refusing to operate in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial Regulations (FMCCRs). Coercion may be found to have taken place even if a violation has not occurred. An example of coercion is when a motor carrier terminates a driver for refusing to accept a load that would require the driver to violate the hours of service requirements. The following must have occurred in order for coercion to have existed:

A motor carrier, shipper, receiver, or transportation intermediary request a driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs;

The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation that would occur if the task is performed, such as driving over the hours of service limits or creating unsafe driving conditions; and

The motor carrier shipper, receiver, or transportation intermediary make a threat or take action against the driver’s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur.

Filing a Coercion Complaint with FMCSA

Coercion complaints must be filed within 90 days of the alleged coercion action.

When filing your complaint, please include as much supporting information as you have, such as:

Text messages or email exchanges between parties showing coercion attempts by a motor carrier, shipper, receiver, or transportation intermediary, as well as your responses; and

Names of anyone who may witnessed the coercion attempt.

All coercion complaints must be in writing and can be mailed to the Division Office located in the state where the complainant is employed or filed with the National Consumer Complaint Database.

File a Whistleblower Complaint with the Occupational Safety and Health Administration (OSHA)

Drivers have the right to question the safety practices of their employer without the risk of losing their job or being subject to retaliation for stating a safety concern. The Occupational Safety and Health Administration’s whistleblower statutes protect drivers from retaliation. Home Page | Whistleblower Protection Program
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Thank you for posting this. Thumbs up!

Antinomian · May 3, 2019

Lead acid batteries do not require hazmat placards if they are secured so that they can't cause a fire. That seems like someone paid someone off to get that exemption, but it is there. I've hauled truckloads of batteries before and was amazed the first time I learned you don't need placards.

COBB2070 · May 3, 2019

ZVar said: ↑

And since that was an interstate load, you were breaking HOS.
Since you willingly broke HOS, can you really not expect to get asked to again?

Also you turned down loads because you simply did not want to overnight at a hotel.

I'm not really seeing a surprise the company let you go.

Maybe if you refused the first time to run illegally and they fired you, you would have the moral high ground. As it is you are sore that their version and your version of running illegal are not compatible.
Click to expand...

Here we go again... Los Angeles Airforce Base is located near LAX in Los Angeles California. Vandenberg Airforce Base is in Santa Barbara County, California. It is a straight run on US-101. It is NOT an interstate load. If you think so, you are sadly mistaken. The only question may be TWIC required, and if it's not coming from the Port, it's for background check purposes, I hold an active DoD security clearance.

I've turned down loads specifically because they would NOT provide lodging during my 10 off. Even if I'm an hour from the yard.

California has entirely different rules for non-CDL CMV drivers running either within the 150mi rule, or INTRASTATE over 150mi. A perfect example is that as long as I'm intrastate, I can still run paper logs. Doubt me, look it up, it's not required until 2020 at the earliest. Link to one post where I state I have ever broken HOS rules. You can't. Because I never have. Before you begin to talk ####, maybe you should educate yourself on California's rules and exemptions from FMCSA rules.

ZVar · May 3, 2019

COBB2070 said: ↑

Here we go again... Los Angeles Airforce Base is located near LAX in Los Angeles California. Vandenberg Airforce Base is in Santa Barbara County, California. It is a straight run on US-101. It is NOT an interstate load.
Click to expand...

Last post by me, mostly for the benefit of readers that don't know better. The load is what matters when running interstate vs. intrastate. The driver not so much. If the load (like the ops) comes from Russia it crossed state lines (in addition to country lines).
There is litterly hundreds of years of case law on this in the US.

I just hope if the op does get a CDL, he'll actually read the law he's governed under and understand it.

P.S. Cali cannot exempt itself from FMCSA.

speedyk · May 3, 2019

A File for unemployment

B Apply for vocational retraining and get a free CDL

You may be right or not about the HOS interpretation s but at least you read the regs. Plus 100 for that.

COBB2070 · May 3, 2019

ZVar said: ↑

And since that was an interstate load, you were breaking HOS.
Since you willingly broke HOS, can you really not expect to get asked to again?

Also you turned down loads because you simply did not want to overnight at a hotel.

I'm not really seeing a surprise the company let you go.

Maybe if you refused the first time to run illegally and they fired you, you would have the moral high ground. As it is you are sore that their version and your version of running illegal are not compatible.
Click to expand...

Please link to once I have ever broken the HOS rules. If you believe I have and posted it here, post a link. You can't. Because I haven't. Maybe you're bitter because a non-CDL driver is a member and posting on the forum. Maybe you're bitter because CA has different rules than other parts of the country. I don't know what your problem is with me. But if you claim I'm doing something wrong. Prove it, or ####.

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