how bad is my situation?

Discussion in 'Experienced Truckers' Advice' started by rob6149, Jan 24, 2014.

  1. Shaggy

    Shaggy Road Train Member

    3,116
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    Sep 21, 2006
    FIGMO
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    Double tap. delete
     
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  3. Aminal

    Aminal Heavy Load Member

    Get a copy of your Hire Right (they bought DAC) report. Go to their website and get a copy of your DAC. By Law they have to give it to you free. To get a full report on yourself (including criminal history, MVR etc) you might have to pay but if you do it's worth it. I recommend EVERY driver do this periodically. I used to run the reports on applicants and found a BUNCH of inaccurate info. I ran one on myself and there was inaccurate info. JB Hunt had DAC'ed me as having worked for them for a month and quit during orientation/training. I never set foot on JB soil. I applied and was approved but I chose another company and I thanked JB and told them if it didn't work out where I was going I'd go with them. But I never even went to orientation.

    So, see what the company put before doing anything. Since it wasn't a failed test they can't report it as such. They report by filling in blanks from a drop down list. They probably just put the reason for termination as "company policy violation". If what they put isn't accurate you can challenge it. If it was but it's sketchy (company policy violation) you can add your side to it so whenever anyone runs your DAC they'll see the "terminated - company policy violation" and right underneath it your side of the story. It shows not only your side, but that you are conscientious enough to know about challenges and to keep up with something as important as the info on your DAC.

    The flip side of the challenge is if it is indeed company policy violation and you put your side of the story on record; the cat's out of the bag. See, a lot of big companies are so desperate for drivers that "company policy violation" won't even get questioned and if it does they'll just ask you what it was and move right along. But some that DO care about that particular infraction won't go any further if it's out there on the DAC via your side of the story. But, it does save hassle in that you'll know right off the bat which companies care and you're a no-hire and which might work with that because virtually all of them; the first thing they do is run the DAC before they even look any closer. It's a 50/50 thing. If it was me I'd probably do the challenge and take the attitude you seem to have. "It was a dumb mistake. I paid for it with my job. Learned from it and won't do it again." The company that hires you will know and there's no skeleton in the closet that might bite you later, but that's just me. I hired lots of drivers that were up front with me about big mistakes. I was impressed by their honesty. It was a character trait I was more interested in having on my team than the fact he was human and made a mistake.

    The mark of our characters is not the mistake we made but what we did about it. Father Sam taught me there was only one perfect one to ever walk the earth and it certainly isn't me. Best of luck hand, but don't worry. This isn't a career killer like a failed test is; at least for 3 years anyway even then they have programs and some companies will work with a SAP (substance abuse program) driver.
     
    Lepton1 and rob6149 Thank this.
  4. rank

    rank Road Train Member

    9,919
    113,508
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    hmmm. I thought I read in the FMCSA regs that you shall not consume alcohol 24 hrs prior to driving a commercial vehicle?
     
  5. bucksnort

    bucksnort Light Load Member

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    Jan 23, 2011
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    4 hours........
     
    rank Thanks this.
  6. poppapump1332

    poppapump1332 Road Train Member

    2,987
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    Jan 2, 2010
    birdsboro,pa
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    Yea right alcohol would be out of your system by then good luck but I heard that too btw the poster should of denied it and said to test him if they didnt believe him.
     
  7. rank

    rank Road Train Member

    9,919
    113,508
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    You are right. Thanks.

    392.5Alcohol prohibition.(a) No driver shall—(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or (3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are: (i) Manifested and transported as part of a shipment; or(ii) Possessed or used by bus passengers.(b) No motor carrier shall require or permit a driver to—(1) Violate any provision of paragraph (a) of this section; or(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.(2) No driver shall violate the terms of an out-of-service order issued under this section.(d) Any driver who is issued an out-of-service order under this section shall:(1) Report such issuance to his/her employer within 24 hours; and (2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator. (e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]
     
  8. rizob

    rizob Light Load Member

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    May 16, 2010
    Mantua, NJ
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    Hey, you were in my neck of the woods. I live about a mile from the paulsboro truck stop. The worst part of this is it wasn't even a good bar you went to.
     
    Shaggy Thanks this.
  9. Shaggy

    Shaggy Road Train Member

    3,116
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    Sep 21, 2006
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    4 hours. Yup it's the LAW, No argument here. Police yourself:biggrin_25519:
     
    Last edited: Jan 27, 2014
  10. nutkase

    nutkase Bobtail Member

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    Jan 25, 2014
    edinburg, pa
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    I wouldnt drink that Shot:biggrin_2553:

    sorry just had to be a ###:biggrin_2552:
     
  11. koncrete cowboy

    koncrete cowboy Medium Load Member

    638
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    Jun 11, 2013
    Pennsylvania
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    It wasnt me....it was my twin brother......:)
     
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