TurboTrucker - the only accident was in Chicago - non of the other incidents involved contact with another vehicle damage to the truck was a mark on a wheel stud. As for the one in Chicago, she was in her mothers car and transporting cakes which, when her boot was opened to put her spare tyre on, looked like they were melting - I still have'nt figured out why she would want the left lane when exiting right at the next exit at 16:30 on a work day.
JB Hunt - Lowell, Ar.
Discussion in 'Report A BAD Trucking Company Here' started by WiseOne, Feb 26, 2004.
Page 28 of 134
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Reply to TT:
Thank you TT. A very shocking, sad and real-life example of what can happen when a driver logs time falsely or extends his/her day beyond the legal limits. Driver logs should be a "true" time record and correct in every detail (as much as humanly possible). -
You convinced me Turbo!
3 hours over was really pushing it.But in reallity one minute over is the same as three hours.What I mean't was loading and unloading delays. If you were stuck 7 hours getting loaded would you put all that time on line 4 ?If you say YES, Then you can only drive a max of 7 hours, Minus a 15 min pretrip.Most would log it as sleeper berth.Right or wrong? I would never drive 3 hours over.Back in the eighties YOU COULD GET AWAY WITH IT! 8) Today? NO
Too many computers, too easy to get caught.
But most drivers do it to make more $$$. But if the Fed Gov.Outlawed milage pay and ordered hourly pay, Say $22.00 an hour, Nobody would have to cheat as you would be paid for ALL WORK YOU DO!
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At least at the "ORANGE ARMY" it works that way. -
I'm no prude. I've taken my chances like everyone else, in my past.
The past two weeks, I've had to take a ten hour break an hour from the house, before I could go on home. It's frustrating. I have absolutely no wiggle room, because I am GPS tracked 24/7 every fifteen minutes. I don't fear the scales, but I do know if I cheat or falsify, I'm gonna get busted by my company, and they just don't put up with it. And believe it or not, I like it that way. There's never any haggling over hours issues, and the only time I do get frustrated is when I'm headed home, and just can't quite make it without having to sleep.
I'm truly hoping that the rules will be overturned later this year, and re-written to allow a little flexibility for the OTR environment. They took just a little too much out, actually creating an environment that FORCES some to cheat and/or falsify their logs. So far, I haven't had to, but there has been a couple of close calls, had everything not come together perfectly. -
Reply to Burkey:
Regarding my comparison of this matter to the Enron case, I think you have possibly misinterpreted my meaning. I did not mean to equate the magnitude of the two crimes. I simply was pointing out that federal authorities via FBI investigations are beginning to find corporate fraud and prosecute it, vigorously.
Reply to Skullitor:
I did use the qualcomm to communicate with my dispatcher in this case. He was so bold that he came right out in a qualcomm message to me and directed me to drive the uninspected trailer nearly 700 miles, deliver the load and then get the trailer inspection work completed. I used my digital camera and took pictures of the entire qualcomm exchange including his illegal and unsafe directive to me and my refusal to drive further than the nearest service point for the required inspection work.
Reply to Mack-E6:
You hit the nail right on the head! During this incident, I verbally advised my dispatcher of the illegality and unsafe nature of his directive that I drive the uninspected trailer nearly 700 miles. His answer to me was: That's a B.S. excuse. Funny how trucking company management is so willing to put your life and the life of public motorists on the line to get a load delivered on-time or save a few dollars in maintenance costs. In addition, this is not an isolated incident. I have experienced much the same "money-first" ideas and mindset at other trucking companies I have worked for. Today, safety and maintenance take a back seat to on-time delivery and labor exploitation through illegal work directives. -
This case illustrates to a "T" the problem that exists out there between the drivers and those that dispatch them, and although there are alot of words involved in describing this case, and it's ultimate outcome, there is a serious issue at stake here.
Many companies are still not taking many of the rules seriously, and there's a reason for this. The enforcement of the rules are almost always performed on the road, and the driver suffers the consequenses when a carrier is lax on following up on safety issues that the driver is NOT solely responsible for.
This case involves a trailer that had an expired inspection sticker. Personally, the annual inspection program is as silly as it gets. Alot can go wrong with a vehicle in a year's time, and the sticker by itself is no indication that the equipment is in a safe condition. Even if it is current, and an inspector pulls a driver around for a going over, and if defects are found, the vehicle will be shut down, and a fine may be levied upon the driver for operating a defective vehicle.
Now many drivers may not consider this something to get up in arms about, but there is a way that things like this can bite you later.
Remember the crash in Florida, where the Crete driver hit the car vehind the school bus? One of the first things to hit the paper was his violation record. He had been cited at least twice for operating a motor vehicle in an "unsafe condition", according to the report.
Now we as drivers know that this can encompass anything from a burned out marker light all the way to something that does indeed present an imminent danger to the public. But reports are not often clear enough to differentiate between the two, and a driver can be villified in the press, or in front of a jury, based on crap like this.
Because of the fact that the operation of the vehicles we drive, and their roadworthiness is placed ENTIRELY on the backs of the driver, we have to do whatever we can to prevent our records becoming tarnished due to the motor carrier's lack of attention to details that bite the driver's butt.
I believe wholeheartedly the accusations as they have been offered by burrows8365. These things happen to drivers on a regular basis. JB Hunt is known to have dispatch personnel that have only one thing on their mind, and that is moving the freight, and screw anything else. To their defense, that's probably due to pressure being put upon them by THEIR supervisors.
So what is the right way to handle this?
Obviously, Burrows does his pre-trip inspections. He found a problem that made the trailer illegal to move, as is. The annual inspection requirement is supposed to be solely the responsibility of the motor carrier, and the law states that the carrier is the ONLY entity responsible for any fine imposed, but we know that this is not happening. Our legal system, where it concerns the operation of a motor vehicle almost always cites the operator of a motor vehicle when a violation occurs.
§396.17 Periodic inspection.
(h) Failure to perform properly the annual inspection set forth in this section shall cause the motor carrier to be subject to the penalty provisions provided by 49 U.S.C.521(b).
The fine structure is a bit muddy, but the code states that a simple paperwork issue would result in a minimum fine of $500. If an imminent hazard is in evidence, in conjunction with the failure to inspect the equipment, the fine can be a maximum of $10,000.
When he pointed out the problem to his dispatcher, he was doing the company a favor, and performing his job as he was supposed to have. The rejection by a dispatcher to find an immediate solution to the problem was complete ignorance on his part. This dispatcher violated the rules at that very moment.
Subpart B General Requirements and Information
§390.11 Motor carrier to require observance of driver regulations.
Whenever in Part 325 of Subchapter A or in this subchapter a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be bound.
§390.13 Aiding or abetting violations.
No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.
So what would I have done? I always carry a disposable camera. I would have photographed both the trailer inspection decal, if legible AND the inspection certificate, that would have proved that the inspection was not current. For evidential proof of the date, I would have placed the bill of lading next to the inspection form and photographed the both of them side by side enough times and close enough to establish the timeframe involved. Then I would have prepared a written statement to the effect that after informing the dispatcher of the problem, that he was demanding that I run with the load, and either present it to him in person for his authorization per his signature, or by fax if person to person contact is not possible.
You will find that they are not so willing to go on record in authorizing a driver to violate the rules, when their demand is on record.
An expired inspection decal is not an indication that the vehicle in unsafe to operate, but a current decal is required for operation of the vehicle on the highways, per the regulations. The rules state clearly that a driver is to be in compliance with all rules and subchapters at all times, and therefore has every right to REFUSE to operate a vehicle that does not meet the criteria set forth in those rules.
A "BS excuse"? No...it's not.
Personally and thankfully, I've never endured this kind of problem with any company I have worked for, and I hope it never happens.
I'ts really a shame, in my opinion, that the Government of this nation can sit around and pass laws all day long, but never think of how they should be enforced to make all parties involved abide by them.
JB Hunt is a bad egg....and apparently getting more rotten by the minute. -
Reply to TT:
I agree with all your comments. In addition, I would like to add the following. After this trailer inspection incident that led to my refusal to drive event, I contacted the JB Hunt corporate safety department by telephone in Lowell, AR and reported the matter to them. They were not particualrly interested in the problem and told me to get up with the dedicated account safety manager for the group I was working within. I then contacted the safety manager for the dedicated JB Hunt account. This safety manager also ignored my complaints and pleas about the illegal and unsafe previous directives given me by my dispatcher. Later, I contacted the director/leader of this dedicated account group. He also made no attempt to address this issue or investigate my concerns.
Finally, three months later, I visited the JB Hunt corporate offices in Lowell, AR and presented the incriminating photographs of the on-board-computer messages to corporate safety and operations management personnel. These two guys acted as if I had the plague. They both became very nervous looking and paced the meeting room. Later, I found out that JB Hunt fired the dispatcher in question, however, four months passed between the incident and the firing.
I also agree with you that "higher-ups" control this sort of "on-time delivery at all costs" corporate thinking. During the meeting in Lowell, AR, I also suggested that JB Hunt corporate audit their on-board-computer message histories to define the overall scope and severity of the problem of dispatchers at JB Hunt giving unsafe and illegal directives. They did not investigate or audit further, simply fired the dispatcher involved, and then "opened another box" of new-hire dispatchers. At that point, I knew I was a "short-timer" since both told me I needed to "just stop" my internal reporting become more of a "team player".
In any case, I have been unemployed for over a year now and cannot find employment within the transporation servcies industry because of the "trashy" DAC report JB Hunt made to USIS subsequent to my dismissal. Also add the false work record documents JB Hunt corporate and their unemployment insurance carrier submitted to the North Carolina Employment Security Commission and you see that I am having a hard time finding ANY work at all.
It seems kind of funny I cannot find work within the industry, even though I have a good driving record and have applied to well over 50 companies. In most every case, potential employers do not even return my calls after they have accessed my DAC report record. This situation even more suspect in an era of 135% turnover of drivers within the industry per year and where companies are so desparate for drivers that they are willing to pay $1,000 to $5,000 "cash-money" sign-on bonuses.
Oh well, time will eventually catch up with anti-labor, colluding, illegal and unsafe carriers such as the JB Hunt Corporation. I just hope no driver or member of the public will be injured, die or be permananetly disabled by such illegal and unsafe "wrong-headed" corporate thinking in the meantime. -
Thats what I was trying to say,Burrows.You may need a Lawyer to get your DAC report cleared up.To other companies YOU ARE A CANCER!
A trouble maker or whistle blower.They won't hire you. Sad but true. I wish you luck.Try driving a charter / Tour bus for a while. It's cash and tips.
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