EX Driver is driving under with my signs on his truck. Is it even Legal?

Call the cops. He is running under false authority (yours), and pulling a stolen trailer (again, yours). Got no time for, or patience with people like him. Time to be "uncivil" and get this piece of trash in trouble---he's not worried about getting YOU in trouble.

 

Yes sir. Forget the emotional confrontation, call the leo

 

I would call the cops as well. If he wants to man up and have his own company, he can except the consequences of it as well.

 

I agree with the all of the above. Unfortunately some people don't respond to civilized. You have to kick them in the face to get their attention. That is about where you are at with this. To protect yourself, I would draw up a lease termination letter dated for the date you parted ways. Forward a copy of it to FMCSA and I would say you will get that violation removed pretty easily. Good luck to you.

 

Okay there are two separate issues here. The first is the trailer and the second is the authority. Technically the trailer is not stolen because you voluntarily gave it to him to pull loads when he was working for you. As far as law-enforcement is concerned that is a civil matter. You can see him in civil court for conversion. As for the second issue, he is running under false authority. You need to report this to law-enforcement as soon as possible. They will also want to see documented proof that he was terminated from your employment before he received the citation. Otherwise they will allow the citation to remain on your safety record. But a much much bigger issue that no one has mentioned yet is the insurance issue. In order for any authority to be active it must be covered by a blanket commercial insurance policy on file with the Federal motor carrier safety administration. If he is running under your authority and your insurance he is committing insurance fraud and that is a felony. This also means that he is in fact running under no insurance at all. That is an additional criminal charge. But you need to report this to law-enforcement as soon as possible so they can get you in the system with the date and time stamp so that you will be covered.

 

Never thought of that....and good point!

 

Your name still on the truck there is no insurance fraud. Still a civil matter. It's up to the carrier to make sure the signs are removed. Who's plate is on the truck? If yours, cancel it.