truck abandonment
Discussion in 'Trucking Industry Regulations' started by bill.s, Dec 1, 2008.
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wow i would never leave the truck. Just drive till break time and take your break get up and deliver. If the company is that mad then they would have told him where to take the truck.
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Ok, you can get hired by companies even with a abandonment on your DAC. Its hard to do but you can get hired. Also depends on what reason the company puts on your DAC for you abandoning the truck. Was it under load, under disptach, with notice? And for those who are going to say it doesnt matter, no one will hire you, well think again. I have a "abandonment" on my DAC and just recently got hired on with a company, and yes I had to explain what was going on with the company at the time. So yes it can be done, and yes it is a pain in the rear big time.
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Many companies have to assume responsibility of a rig once you legally park it, otherwise they would not be able to let you take rest breaks and you would not be able to comply with HOS regulations? They can claim abandonment, but it is difficult to prove once you quit (the chicken or the egg question), and the assumption that they take responsibility once you legally parked the rig is probably what the judge should consider?
I think it is fair to say so, they will not fire you if you refuse to drive illegally if you tell them you will sue them in court. Those employment "arbitration" contracts are worthless once that company violates federal law.
Companies do not want to explain to regulators any violations, for obvious reasons (revocation of their authority to operate
), but you would be better off quitting and finding another employer. They may give you the worst loads you can not even imagine after that point (impossible docking, bad areas of town, rotten customers, etc.), or just make enough money to pay for the rig, and only let you make less than $10 an hour.
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Question. If a person gives a company two weeks notice but they won't route the truck to one on their terminals? Legally on the 15th day that driver is no longer an employee of that company right?
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Not really, your an employee until you have parked the truck at one of their terminals. How do you consider yourself done, if your still using their equipment.
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