Co driver gets a false log book citation but my employer is saying the violation is on "ME"

You're fired, but not allowed to get another job because you're under contract with the company that fired you.
Are you with CRST?
Something else that doesn't make sense; you posted in the "Owner-Operator" thread.

 

Something is wrong here.

The seat belt I know something about. You have to wear it correctly there is also a little clamp over your left shoudler if the #### thing burns on you too much. SHEESH. So that's on you.

Now.

Co driver.

Logging in berth actively sleeping but actually driving? Tsk tsk tsk. That's on you. Why did you let him drive the #### thing logged berth.

Not technically. You are unemployed. Fired. Finished. Contract? Poof. Debts are yours to pay. Who owns the title tot he truck? Tags to the truck? etc etc. You will have to clean all that up.

The company worries about the CSA score not you. Unless you are a independant carrier that got dinged with your very own CSA violations. And now this logbook. tsk.

Im not here to give you trouble. You are in it already. Smokey did you a favor making it civil instead of criminal.

Here in Arkansas no seatbelt or improper wearing is enough to stop you and then do whatever they wish to you. It is a top level "Crimette lite" to string together a term that allows the police man to see you doing that and WHOOP WHOPP you stop right there the Law is fixing to get into your stuff.

The only defense to that is to drive a pre 1963 car factory made as to never had seatbelts in the first place.

All of this will blow over in due time, months? Years? Who knows.

Your company that fired you did it with a ruthless efficiency that reminded me of some of the old bad days long ago. Tossed from your job long before you were told. Just so you get the truck to their yard and corral you to do it. Otherwise they send someone out to throw you out and fire you then take the truck to the yard. (Some companies had officers within their structure that did that)

No love lost here for sure.

I for one would clock your co driver for being so stupid.

 

You're under contract with THEM.
But, apparently their contract with YOU is written on toilet tissue.

I see their having problems with the seatbelt. I've been driving 31yrs, and I'm a driver with high seniority where I'm employed now, but a seatbelt tix is a firing offense. No Qs asked... and I know that.

The 2nd problem, I do NOT see as under your control.
Even if you insisted that your CoDriver be in the bunk as they were logged, you can't physically force them to do it.
You COULD refuse to transfer control of the unit to them at the next shift change if you deemed they were negligent at obtaining proper rest.
I wouldn't sleep behind someone who wouldn't get rest.
But, that's in extreme situations.
If they were up there for 15-30 min winding down its no biggie. They just should log it correctly.
They get 2hrs.

 

The OP was originally driving gets inspection and ticket for seatbelt violation. Then his Co Driver get log book violation for log book showing he was in sleeper but he was actually in passenger seat. The trucking companies says that is also the OP problem because he was driving.

I never drove team with ELDs but I thought the ELD is locked out when the truck is moving. So co driver can't change his logs or can he ? That sounds more like company stuff. They are just putting it in their system that way. Your real driving record with the state would only show seatbelt violation.

 

OK I had to break this all apart, and it still didn't make any sense to me.

ALL you had to say is "got a ticket, company fired me".

You trying to chase the cop down is dumb, he issued the ticket, he can't change it once it is issued.

It isn't a big deal to have the court dismiss it, you could give them a valid reason but then you are supposed to be a professional driver.

That said I am very confused with this issue of a contract, what contract and be specific.

You can't have a contract that legally ties you to employment unless it is a court ordered affair, those companies offering cdl training can't hold you to one, I wish some of you would read them with a lawyer explaining what makes them invalid.

From my point of view, any contract you had is terminated when you are fired.

You are not a slave, and to be blamed for another driver's ticket is just stupid but illustrates what the problem is with the company.

 

Why is he keeping this company name a secret? They fired him so why does he care

 

They fired you...end of contract.
Get a different job...and a job running alone not with someone else. The reasons for going solo are about 80 trillion great reasons! There are zero reasons for running as a team! I don't give a #### if the job pays 19 million dollars per day to run as a team, I still wouldn't do it. Your health, sanity, and a good sleep is worth a lot more than money is. I get that you are young and inexperienced, so you may not understand what I am telling you now, but in 10 years you will think back on the past, and this will make so much sense.

 

each one of them light bulbs

are a violation if one goes out. lol

 

i call bs like everyone else said. you rolled the dice and you lost. move on and hope you and your team mate make better choices next time.

 

Nope. Non required lights don't have to work.
Now the violation is if he runs them on a public road. Correct colored lights in the front vs. the back.