The Jamie Davis Towing Discussion Thread

Quit before you get in trouble, and/or get someone hurt or killed.

 

I did today. I was just wondering if the owner of the company violated any DOT laws in the State of Kansas. Since I don't drive for his repo agent as of today, I'm sure he'll still try and get money from me for the vehicle I damaged.

 

The answer to your question depends on what types of vehicles you were driving at the time. If you are riding along in a tow truck but only driving non-commercial vehicles back to the lot, i.e. cars and suvs, then no, there is no limit to the hours you are permitted to work. If you were driving anything greater than 10,001 pounds, then you are subject to the hours of service limits and the time was illegal.

The employer did violate employment law by paying you under the table, but you already knew that was illegal. Chalk it up to a learning experience, and if you still want to repo find a reputable agency to work for that does things right. Had you been in an accident or injured on that job you would have been screwed, their insurance wouldn't pay for you since you were not a bona fide employee, and the insurance on the car you were driving would have denied the claim since you were not authorized to drive it by them.

 

So, the actual driver of the tow truck that I am riding in could be working under illegal hours, but since im not an actual employee, it doesnt apply to me. If he takes me to court to try and get the rest of the money from me for damaging a vehicle, I would probably only be able to get him in trouble for Violating DOT laws with his accrual employees and for paying several people under the table.

 

Yes, he would be stupid to try to sue you for damages done to a vehicle when he was illegal in how he was classifying you. He may try to say you were an independent contractor and responsible for the damages, that is wrong. You can't be a contractor without a significant investment in the job, things like insurance, licensing and equipment. I would tell him to pound sand if he tries to come after you for damages.

As for the hours of service rules, it has nothing to do with you being an employee or not, it has to do with what you are doing. Riding along is on-duty not driving and there is no limit to how long someone can be on-duty without a break. The only driving you did was in non-commercial, and therefore non-regulated, vehicles so that is why the hours of service do not apply to you.

Even though it is common in the towing industry to charge damages back to the employee, in most all states that is an illegal practice. If he persists, call the Kansas Department of Labor and speak to them about the whole situation.

 

Thank you for all of this!!! It helps out a lot!!

 

###### boy, you Canadian like a mother####er!

Funny how accents don't come thru in writing.

 

That's not me, although I probably have an accent similar to that lol.

 

when did Jamie Davis have this rotator? Im so confused did he sell this nice Pete for the Western Star?? Which he had to sell because he coulfnco afford it anymore. I've found 3 pictures of this rig but I can't piece together if he ever owned it. They don't talk about it in the show either. Or is it just photoshop images?

 

Manny, repost your image it isn't showing up.