Driving Sick?

Discussion in 'Questions From New Drivers' started by Palazon, Sep 28, 2009.

  1. Palazon

    Palazon Road Train Member

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    Ok folks, let me set the scene. I'm a milage driver running a HH daycab at night Mon-Fri with See What I Fouled Up Today. My nightly run about 150-200 miles (which doesn't completely suck with their short mileage chart). I sleep at home, so I get my pplans thru email. It's Monday. Scene is now set....

    I wake up monday morning running a fever. Being the good little driver, I sent a message to my DM 1st thing, saying that I've got the fever and need to take a night off. Side note: DOT and Safety get so ticked off when you doze off from a fever while driving...

    Around 1430, I get the message of "your load tonight is "200 miles". Can you run it or do you need a shorter run? Now to be fair, they backed off immeadiately when I called.

    Here's the question for the rules gurus. Isn't there a statement in the FMC rules that says in effect "No company will force a driver to drive in unsafe conditions due to road, truck, load conditions or illness"? I found the illness as a seperate statement, but want to have my ducks in a row if I ever need them.

    Thanks for any input,
    Pal
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    http://www.fmcsa.dot.gov/rules-regu...xt.aspx?chunkKey=09016334800238d0&keyword=392


    No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.
     
  4. Palazon

    Palazon Road Train Member

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    Danke. (which is thanks in german before some thinks I'm insulting RM):biggrin_25514:
     
  5. jtrnr1951

    jtrnr1951 Road Train Member

    I love it, thanks Roadmedic. Now, Palazon-are you unemployed yet ?
     
  6. Palazon

    Palazon Road Train Member

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    Naw, Found out the DM pulled a Homer Simpson.... He didn't open the e-mail... :biggrin_25523:
     
  7. brandond

    brandond Light Load Member

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    Bounce between TX and OK
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    That doesnt matter. You could still prove it went there. Even if he never opened it, deleted it, never read it you could still PROVE it went to his inbox. Or at least his I.P address anyway.
     
  8. Palazon

    Palazon Road Train Member

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    This is a trucking company, and worse yet it's Sure Wish I'd Finished Training. You're expecting Reasonable behavior?
     
  9. truckerdave1970

    truckerdave1970 On Probation

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    Hey Roadmedic, do I even have to explain to the company why I can not continue to drive? And what recourse do I have when they apply pressure to make me drive?
    I had a situation arise where I had "hours to drive" but due to being under ALOT of stress for the previous 3 days and having been up all day waiting on our shop to release my truck (which they still havnt fixed, I'm in a loaner) when they finally got me rolling I was just too #### tired to drive all nite! I didnt let them push me, I went to bed. But I took alot of crap from dispatch for the next few days.
     
  10. jtrnr1951

    jtrnr1951 Road Train Member

    Dave, Like so many things in the rule book, it looks good on paper, but.............
    if you actually try to exercise that rule-we both kinda know what really happens.
     
  11. Kansas

    Kansas Road Train Member

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    Keep in mind, when push comes to shove YOU and YOU alone are responsible for your actions. If you are sick stay home, no jury in the world will let a driver off the hook if an accident causes a fatality just because you had the flu. And, trust me when I say, there are plenty of companies out there that would have you "move the load" after your left arm was just fell off. Those companies are probably the rule, and not the exception!

    You can always find a new job with one "I was too sick to work" on your DAC report. You will never get another driving job if you have a wreck cause you were sick. That shows extremely poor judgement.
     
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