Legal Obligations for a Truck Driver in Florida

Discussion in 'Trucking Industry Regulations' started by haulinasphalt, Aug 25, 2012.

  1. haulinasphalt

    haulinasphalt Bobtail Member

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    Nov 23, 2010
    0
    I have been employed with a company now for over a year and we currently have two box trucks that are not in the best of condition. One is in good running condition, but is being held up by a few rusty bolts, the other is structurally sound but having serious mechanical issues. I have mentioned to my employer numerous times that if I deem a vehicle unsafe, that I am not allowed to move that vehicle for any reason, until all defects are corrected. I believe my employer is growing more intolerant of my unwillingness to jeopardize my career and safety as well as the safety of those around me, and fear that he may be pondering my possible termination. As a Florida licensed commercial truck driver, do I have a legal obligation to refuse to operate any vehicle considered unsafe for any reason? Does my employer have a right to terminate my employment for refusing to operate said vehicles? Also, if I am terminated, do I have a possible lawsuit claim toward my employer for forcing me to endanger myself and others around me? Any help on this topic is greatly appreciated.
     
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  3. THGhost

    THGhost Bobtail Member

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    Aug 13, 2012
    FT. Hood, TX
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    Flodidia like Texas is a Right to work state Your employer can fire you for any reason or no reason but, If you are fired the Workforce commision will Get involved and Interview Both you and the company! They will not fire you for not driving if, you can show the vehicle is unsafe! when was the last safty inspection? A machanic can declare it safe to operate but, must sign off on certifiying it safe to drive! I drove 18 months from Cape Canaveral, Fl to Stinnis, MS. I held a FL Class A for 5 Years! The best option would be for your employer to replace the truck. Unless they have plenty of work waiting that most likely will not happen. They might just Get a Machanic that is afraid of getting fired to make the truck "Safe to Operate" until something forces them to Invest in a newer one! They may even start asking you to do more sweeping the floor or painting the Building possably ask you to fix the minor repairs under a mechics supervision! Sorry, If it looks like the work is slowing down you may start thinking about a different job. Like a Girlfriend it is always easeir to get a new Job when you have one! Best of luck! If. you are thinking about suing them make sure you have good records and Pics on your cell phone if you can get them before making to much noise! They may try to fix things when they here they are going to court but, the you may not enjoy working thier up until the cout date! THGhost
     
  4. haulinasphalt

    haulinasphalt Bobtail Member

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    Nov 23, 2010
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    Thanks THGhost. I really have no personal vendetta towards the company I work for. If at all possible, I would like to stay with the company and work things out in a rational way. With that being said, I refuse to risk my safe driver record and/or my license for any one for any amount of money. I'm pretty sure I'm well within my right as much as I am obligated to refuse to operate any vehicle that is considered to be unsafe, but I just wanted to confirm that with anyone who may have knowledge of the Florida law. As far as legal action goes, I do not wish to pursue any kind of legal action against the company, but again, just trying to confirm if I may have a case, given that I am terminated for refusal to operate an unsafe vehicle.
     
  5. dptrucker

    dptrucker Road Train Member

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    2,998
    May 14, 2012
    adelanto,ca.
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    take it thru a dot scale and let them inspect it. they,ll make the comapany fix it. put all the truck problems in the dvr. cya
     
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