as much as is safely and legally

seemed to be too much sometimes; like when after 10.5 hrs of driving there was no rest stop area. Why isn't there a rest stop area there when you want it to be there? like at 10.75 hrs. Probably because the next one is located another hour ahead. Do all companies require the use of all a driver's available hours on a daily basis as the priority that is or was more of a priority than simply meeting the loads particular schedule? I wished dispatch would have not argued when I said i wanted to stop prior to the 11. Like after 9. Should I have to worry about my job if
I pull off after 9? has anyone gone through discipline or termination because of a refusal to go 11? when I said no I meant no. when dispatch said don't stop until 11, then what happens as far as discipline? I did not stay to find out. Thought I should go to another company that hopefully will be more reasonable. Like hopefully they will be satisfied if I simply meet the schedule. Also does anyone agree that the companies(dispatch) take advantage of the 11 hr rule and they can because there has been no minimum daily company driving hour requirement put into effect. And no "at least minimum" in cfr. how many times could a driver potentially use the cfr 392.3 and still be employed? I don't like going through unemployment. But I'm glad I didn't end up in trouble for carrying out the "go at least 11" requirement, only to find that I would have had to break the 11 to get to the next rest stop area. When I asked the company for its policies on such things they refused to comment. I've been a safe driver for alot of miles and it seems like I'm haveing difficulty getting back in. That doesn't seem right. Why are the bosses so demanding when they don't have to be? They could have started me on a monday, but chose to demand saturday (when someone MIGHT be there) that ends up with me automated terminated for no show. If it was me I would have said it would have been ok to start on a monday if there was a question of would someone be there at service center on weekend. If they are going to be like that then thats part of why I'm going someplace else to work and drive.

 

Thanks for your reply. Yes thats what I thought too. At the time, I had just been unloaded for the day and had 9.25 in. Then recieved a cellphone call before departure. Questions from dispatch were how many available hours I had left.
I said I was planning to go to the next restop area about an hour ahead to get 10 off. He had another load to cover that picked up about 2 hours away. I asked him not to put the load on me or to change the pickup time to the next day because I don't think truck would make it to pickup unless it drove over 11. He said he thought it would make it and for me not to accept it would go against company policy of utilizing all my available hours. He said I had to accept it or it would be noted as insubordination and then it would be routed in for discipline. Then I received load info on the quallcomm. How should I have handled such a situation and at the same time keep good employment status?

 

Thankyou. Yes I do believe that that info will help someday. Basicly just refuse and go to discipline if necesary after calling safety to inform them of the unfair request. By the way I have been told by the Federal DOL that to refuse if 392.3 is a driver's duty. And if they discipline for a refusal (refer to cfr 392.3) that the Federal DOL should be notified and informed of the discipline. That way if it ends up with me eventually being terminated for similiar refusals I would have a better chance of obtaining an unemployment claim to receive an unemployment benefit. I had to learn this process. It is not something that they educate people about in orientations. It was something to do this past year while I have been unemployed with no benefit. I feel that I had just cause to leave because the company was not fair. If dispatch was simply more understanding and perhaps if I had called safety more often then maybe I would have been informed of how many times I could use the 392.3. Or maybe not . Because I have been employed with the company before, I chose not to drive for them again until after they would disclose there overall safety policies and procedures pertaining to the scenario I had experienced the prior year. But I have a letter from them saying they refuse to disclose the information and that it is confidential. I would have been in the truck now and was prequalified by aug 07. After first going to orientation late in may. (I could elaborate on why it took so long) there were reasons. Anyway, I was awaiting truck assignment and at the same time trying to get some answer from the company regarding why isn't it OK to shut down after at least some minimum like 9 had been driven. Instead of always requireing full hours utilization. But the response letter said nothing to the effect that the company recognizes 392.3 and that I could use it such a number of times or that at least 9 hrs was acceptable. Then late on Friday they found a truck for me which was 300 miles away. And that I should go over on saturday and call the vru and then get going. I asked the supervisor on the phone for his last name and it was not given. I also asked for him to please not start me on a saturday because there was a question of whether an employee would be present at the service center. There are two phone numbers to the service center and one just rang and the other was busy. There probably still ringing and busy too. Instead of the supervisor saying ok to start monday he insisted that unless I show up and take the truck tommorrow on a saturday that I would be automatedly terminated for no show. I then thought to myself why do i put myself through this stuff? Unless they can offer there last name if I ask or be a little more understanding and will grant a small request if there is good reason then maybe they are not the right company for me. Maybe a SMALLER company would be better. I'm not sure but it almost seems like alot of them enjoy being jerks just because they can be. I am not like that. Maybe they just figure that because they have so many driver applicants incomeing why waste time with an individual applicant or driver employee. Maybe they look at it like because they pay so much for the continuement of the orientations that that expense is like the real expense that it costs to be able to not be fair or spend additional time with employees. In other words maybe they are saying to themselves why be fair, when they have paid to be able to be hard nosed. If a driver is terminated or quits they have that expense covered, to simply replace them with new people. In my opinion the big money lets them be unfair or hard nosed when they otherwise might not be. some companies also carry whats called 3rd party liability insurance. Which means whether they terminate fairly or not is not the issue that they are most concerned about. If they carry 3rd party liability and they are sued for unjust termination then the insurance policy pays the claim. Or so I have been told. My point here is that even though they are required by law to recognize 392.3 doesn't mean they can't terminate a person for whatever reason. They could unfairly terminate and 3rd party liability would pay the resulting claim. That is why it is important to inform the Federal DOL if they hold a discipline meeting. Otherwise if eventually terminated, the Fed DOL has not been notified in time then you will not be eligable to receive a benefit. That is where I'm at now. Unemployed with no benefit because I did not establish leaving the company for just cause within the DOL time frame. Because of the quitting route I took and believe that I was being influenced to take, I have at least learned to follow a process that might be effective in the future if such and when future action calls for it. But just because I want to know how to handle a situation properly and ask questions of company and other officials doesn't mean I'm out to get big companies. I am only human too and not a certified proffesional. But I would be able to suggest looking up a NELA type of lawyer as opposed to pre-paid legal. And would be able to communicate with legal people so that they would specificly understand my specific allegations. In the long run it is an advantage to me and a learning process i will have already gone through. Even with me and maybe because of me and because of the almost graduated college that I am and have been for years, since I attended years ago, but was cut short for various reasons, perhaps I am a challenge to them for them, seeing just how much they can do unto me. I hope that is not how I am percieved because I am basicly a peaceful person. But I have a difficult time explaining to myself why the unfairness when they could choose to be more fair at times or try to see my side at times. Also I have been a good and safe smith system driver who does not tailgate people and speed around like there is something chaseing me. I thought my defensive driving would be more of an asset to those companies but it seems that has not always been so. If I ever get to be a certified proffesional at something other than driving a big truck, (something I doubt for several years) it will probably not be in the legal field. Because that is not a field I particularly enjoy. I simply hope people on both sides will try to be understanding of each other instead of saying they have to be like this or that because they are on this side or that. When that happens trucking will be better. Also when drivers realize tailgateing isn't needed.