Who Is At Fault ??????

Discussion in 'Trucking Industry Regulations' started by Electric Cowboy, Feb 12, 2009.

  1. Electric Cowboy

    Electric Cowboy Bobtail Member

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    Jan 10, 2009
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    Hey Y'all , I have a friend that is getting jerked around out there & his company is putting him in any truck that is on the lot right now, being a team or another drivers truck he don't even know & has never seen when they come in for home time. He is not one to go though another's personal stuff, But this is the question, What if someone leaves something behind (firearm or even worse illegal drugs) or it may even be a prescribed drug issued to another driver & he get's pulled over by law enforcement & they have a dog in there car & they find something. Who is at fault the company or him or ??? Please this is a serious matter & no jokes please. Thanks EC ( The Driver in The Passing Lane)
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  3. LandShark

    LandShark Road Train Member

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    sorry to say if he is driving and someone else left it in there its still his butt that will get in trouble for it..thats just the way it is
     
  4. Electric Cowboy

    Electric Cowboy Bobtail Member

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    Electric Cowboy, TN
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    Well that is what I also thought, but wanted to get other drivers replies & see if this has ever happen to someone out there. Thanks EC
     
  5. PharmPhail

    PharmPhail Road Train Member

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    The prosecutor will be quick to remind you that you are charged with possession, not ownership.
     
    Last edited: Feb 12, 2009
  6. Peanut Butter

    Peanut Butter Road Train Member

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    Thats why i would never want anyone else driving my truck while i was on home time or vacation, you never know what someone might leave in your truck.
     
  7. 112racing

    112racing Road Train Member

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  8. Electric Cowboy

    Electric Cowboy Bobtail Member

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    Jan 10, 2009
    Electric Cowboy, TN
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    Thanks everyone for the replies, He has no other choice because he is a company driver & came back in off a work related injury & in times like this we all know you can't quit & go somewhere else. That is what they are wanting him to do, I think. I really think he could go to the labor board & get a handel on this, but really not sure. If he quits then he can't draw unemployment also, so it's a tough call, still if anyone knows of anyone this has happen to, I would like to hear about it. Thank Again, EC ( The Driver in The Passing Lane)
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  9. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    Go through the truck and if anything is questionable, have it removed before driving it, it is a bad deal now but it could be worse.
     
  10. kentuckyrambler2

    kentuckyrambler2 Light Load Member

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    Jan 18, 2009
    Pulaski, TN
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    Electric Cowboy:
    Your friend needs to look through the truck each time this
    happens, but tell your friend do not touch the bottle, bag, ect. If your
    friend has to remove the drugs, ware a pair of gloves.

    If drugs are found before your friend leaves on the road, then let a company person remove it. If it is found out on the road by DOT, then have friend deny its his/her and if friend goes to court request a fingerprint test on the drugs to prove its not your friends. It would also help to maybe get a letter signed from his company before hand that he is being slip seated from truck to truck, if your friend can get one. Also in court your friend needs his/her lawyer to find out who drove the truck before him/her and have them investigated.
     
  11. GasHauler

    GasHauler Master FMCSA Interpreter

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    That's what I would do. I'd just packed all the stuff up and leave it with the terminal. I wouldn't say what's in it but just tell them someone left all this stuff in the truck.


    It might get real hard to get a letter so the best thing you could do there is write it up yourself and ask if they would sign it. You should have the post trip inspection form there in the cab so you have who drove the truck last. If it's LTL then there could be more than one driver in your cab during the day depending how the company works. And way you look at it you'll want some type of proof that you were not the last driver and the PTI would work fine.
     
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