Being told to violate my 70 to get the load there..
Discussion in 'Questions From New Drivers' started by 4therush, Apr 18, 2016.
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Dominick253 and G13Tomcat Thank this.
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Dominick253 and KriegHund Thank this.
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Here's the deal:
Legally, they can't do that. If you have solid proof that they did do that (make sure you have it in written communications such as a QC message or on your phone), then you could file a whistleblower complaint with OSHA. What you stand to gain is at most $250,000 cash, plus a guaranteed job with that company for life (you'll have to keep fighting for decent loads after that).
Or, you can just tell them you're too fatigued to operate beyond your HOS limitations. Put the ball in their court.
Or, if you feel that you can safely get the load delivered, then have them prepare and send you a 'legal' 8 day log history that you can present to the inspector if and when you get pulled in to the scale. If you're on E-Logs, have them edit your logs to make you legal.
You have choices, but put the company on the hook.Dominick253 and G13Tomcat Thank this. -
Take pictures of the msg on your Qualcomm and show us
Dominick253 and G13Tomcat Thank this. -
For smaller companies that use coloring books, as I am on now, it's up to the driver to keep track of your 70 and BEFORE committing to accept a load make SURE you have enough hours to get the load done. With paper logs office staff can't see your available hours, that's on you.
If you are new, maybe you are accepting loads BEFORE you do a quick trip plan. If you do THAT and THEN tell the dispatcher you can't make delivery, that's a pretty major breakdown in customer service. NEVER accept a load you can't legally deliver. Once you accept the load and get underway and THEN complain you put EVERYONE in a bind. Part of being a professional driver is keeping track of your hours and keeping dispatch informed so you don't screw it up for a major customer.
Just a couple weeks ago I had to turn down a two day run that would have put $1000 in my pocket because I only had 15 hours on my 70. No way I could get it there. My company ended up covering the load by brokering it out.
Communicate.
Now if the situation is that you are being THREATENED with bad things like getting fired or getting bad loads in the future if you don't take a load that will violate HOS, THEN you have a case to report to OSHA. If you are getting yourself and the company in a pickle because you are blindly accepting loads without making sure you can do them legally, then that is YOUR problem.gentleroger, Dominick253, MidWest_MacDaddy and 1 other person Thank this. -
When I was told, under perceived threat of termination, to violate my 11/14, I caved, but within 24 hours, I filed a complaint with the FMCSA. When it happened again within 3 days, I amended my complaint.
I am looking for another job as we speak.Dominick253 and Lepton1 Thank this. -
If you get into an accident and hurt someone and the cops find out you went over hours you're going to jail.
Don't let them play with your life.dog-c and Dominick253 Thank this. -
I can honestly say I've never been asked to violate HOS. The answer would be NO! Too much risk nowadays.
Dominick253 Thanks this. -
I should have been able to deliver my load on time, but I was having serious mechanical / safety issues that were getting progressively worse and had resulted in an out of service order for the truck... it was only taking fuel from the one side and 'leveling out' to the other, leading to an overflow leak on that side... it would have been funny if I weren't in the seat, and material for a country Yankovic song.... when I was told to continue with an unsafe vehicle, my choices didn't change when I informed him that I only had 30 minutes left for the day. On top of that, I was told to drive 5 more hours.....
Dominick253 and Lepton1 Thank this.
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