A driver is responsible for the equipment, at all times. As Powder Joints has pointed out, many injuries to the trailer happen at the shippers/receivers. When the driver signs the POD (proof of delivery) they are not only accepting/delivering the load, but,taking on the responsibility of the condition of the vehicle. A camera is essential for a driver to have on board to protect their credibility.
Paycheck deduction
Discussion in 'Trucker Legal Advice' started by sparkyswife, Jun 29, 2010.
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I've done pre-inspections for acceptance of equipment and understand all this. I have even turned down a tractor because it was so busted up. None of that is new to me but this waiver of liability baffles me.
So if a driver misses something on his pretrip and a part fails. Your saying the driver should be held responsible ? The A/C quit working , Should I be held liable for this ?
Do I need to be ASE certified as well to protect myself from liability ?
Any moving part is acceptable to failure period -
Equipment failure would be considered a non preventable repair.
Low to no oil or other essential fluids are the drivers responsibility while OTR. If an engine blows due to low fluids, then the driver would be responsible. A burnt up clutch , from a driver who refuses to shift/clutch properly would be a preventable damage.
rookietrucker Thanks this. -
Says something like, very dangerous words in a court of law. Get a copy of the waiver and post it hopefully an attorney can explain it word for word and what it means when you sign it. I for one would never sign such a statement in fact any contract I am considering entering into is reviewed by my corporate attorney if I do not understand it before I sign it.
We all know the definition of assume
It may very well be legal, but will it hold up in court now that's the real question.
Just because you sign a document does not mean the document itself is legal. Which is another can of worms; "signing an employment contract under duress"
Seek legal advice!Last edited: Jun 29, 2010
rookietrucker Thanks this. -
If you are going to work for a trucking company, it is a standard form and is a part of the hiring process. You do not have to sign it, but, they will not employ you until you do.
The trucking company is entrusting the driver with $1,000's-$100,000's worth of equipment and product. If a driver cannot accept responsibility for this burden, the company will find a driver that can.
JMHO -
guess bp is free then because the the foreman in charge of the drill rig was responsible and has to pay the damages
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I would not sign it before I sent it to my attorney for review, My attorney told me to sign it because it did not matter, you can not agree to accept liability for something before it occurs. So on his advice I signed it after he (my attorney) had read it and was on board with it. IWX hired me without me signing it because they knew I had faxed it to my attorney for review. I also added a note to the end that they had to forward all charges to my attorney for his review and his acceptance prior to issuing a notice to deduct monies from my check.
And that is what you should do is get your attorneys advice on anything that you did not understand or that your are uncomfortable with. That after all is what they are for, is to add paragraphs to agreements.rookietrucker Thanks this. -
theres lots of companies that don't require to sign such items. if an engine goes due to a lack of oil/water the company will most likely let the driver go due to equipment abuse.
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exactly.......what about the military? do pilots have to pay for damage to their aircraft?
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If it is a standard form then it should be very easy to produce. POST IT, so we can all see what it says. Then we can discuss the legality and if in fact it is binding in a court of law.
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