what recourse does the driver have?

You have a ton of recourse.

First there is a new regulation on the books against company coercion of drivers.

So if you tell them the route is illegal for your equipment and they fire you for not going, you can sue them for damages.

 

If what the supervisor said is true, other drivers have made the trip "without event" I would seek out those other drivers. If you find some of them, you can all sue the company and the supervisor. Believe me that will get the attention of your newly retained attorney and the defendants.

 

Unless you have some way to prove the discussion it boils down to a he said she said thing and not likely much will happen.

Sounds like a crappy place to work I would go elsewhere.

 

Darn X1,, this actually made sense....lol....

 

I would love to know where this harem.. ahem super drivers who run that without issues.... too. And who they are too. Bet DOT would want to know as well.

 

This may sound HARSH, however, trucking companies that FORCE drivers to do illegal things NEED TO BE SHUT DOWN.

God bless every American and their families! God bless the U.S.A.!

 

The employee protection provisions of the Surface Transportation Assistance Act prohibits retaliation against a driver because the driver refuses to operate in violation of any commercial vehicle safety regulations, law or standard. A driver may bring a claim for such unlawful retaliation with OSHA. If the driver is successful he can recover money damages, including back pay, legal costs and attorney fees. He is also entitled to reinstatement to his previous job and abatement of the violations through such actions as an order to corrected his DAC Report.

Paul Taylor
Truckers Justice Center
www.truckersjusticecenter.com

 

If anyone is really smart and wise, they will not take the reinstatement to the old job. You will wind up being assigned the absolute worst work until you quit.

 

Paul, I have two questions.

How often is this provision used and how often does it actually protect the driver?