what recourse does the driver have?

Discussion in 'Trucking Industry Regulations' started by worms, Mar 16, 2017.

  1. worms

    worms Bobtail Member

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    Mar 16, 2017
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    the driver was dispatched to pull a 48-ft. trailer on a winding 2-lane mountainous state route which was clearly posted for no trailers over 35-ft. When the driver reported to his supervisor the 48-ft trailer clearly wasn't safe on that route because it wasn't possible to avoid occupying space in the oncoming lane, especially on curves, the supervisor replied other drivers made that drive uneventfully and the driver was free to seek employment elsewhere.
     
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  3. Mark Kling

    Mark Kling Technology Contributor

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    well.. #1 you would have gotten a ticket from DOT for being OD on that road. If the sign was clearly marked for no trailers over 35' and you have a 48' then legally you cannot drive on that road. If you company wishes you to drive on that road illegally, you might want to contact your local DOT.

    No company can force a driver to drive illegally.

    What road are we talking about?
     
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  4. rolls canardly

    rolls canardly Road Train Member

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    Uneventful.........as in "Yet."
     
  5. STexan

    STexan Road Train Member

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    Did he go the correct way? Sometimes there's more than one way to get to a location. Some additional information would be helpful. Can't say he has recourse until we're sure he was trying to go the way he was in fact instructed to do.
     
  6. Mark Kling

    Mark Kling Technology Contributor

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    I know... I want to know the location so I can verify the restriction.
     
  7. x1Heavy

    x1Heavy Road Train Member

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    The driver should have been citied by DOT for overlength and disobeying a traffic control device.

    There is absolutely no excuse for a trailer over 35 foot on a marked route such as that. NONE.

    The SUPERVISOR is making a implied threat to the driver refusing this routing by implying other drivers made the same route with a overlength trailer without problems and that the job will have no value whatsoever once the refusing driver fails to follow Supervisor's heavily leaning to push the driver into breaking a law or several in this case.

    This one should be flat refused by the driver. Period. Not a single inch or wheel shall be on that restricted route. Period.

    The Supervisor should be involved in explaining to DOT why he made drivers run that route under his authroity and using implied threats to make sure driver gives in and runs it.

    If one person gets hurt while driver ran that route, both the driver and the supervisor should be arrested and brought up on charges to be prosecuted for that stupid move. If a person should be killed then upgrade the charges. Put em both into prision.
     
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  8. aussiejosh

    aussiejosh Road Train Member

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    Ultimately as a driver your responsible in other words saying oh my boss told me to go this way don't cut it you simply refuse to go that route, unless the boss is willing to wear the fine?
     
  9. thejackal

    thejackal Road Train Member

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    Send it over qualcon...or record him saying it.
     
    Just passing by and dunchues Thank this.
  10. sevenmph

    sevenmph Road Train Member

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    Agreed. There are some companies that seem to do whatever they want regardless of the law.
     
  11. pattyj

    pattyj Road Train Member

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    You tell dispatch what the sign says not how mountainous it is.If you take a restricted road that's your own fault not the companies.Read signs and obey them.If you think dispatch is going to hassle you then just don't tell him and take another route.
     
    born&raisedintheusa Thanks this.
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