DAC has accident - MVR has equipment violation -> How can I change DAC?

Discussion in 'Trucker Legal Advice' started by istrum, Jul 21, 2018.

  1. istrum

    istrum Bobtail Member

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    So .....

    I have a problem with my DAC report and its kicking my ### in regards to getting jobs. ...

    My DAC reports an accident on 4.3.18 in McComb, OH -- A lite fender bender that got me fired from a large company I was working for at the time. They cited "Safety Risk" as the cause of termination.

    My Driver's Legal service ($3/week fee) negotiated the McComb, OH municipal citation down to an "Equipment Failure" in court. I paid the $257.00 USD fine (in addition to the $250 legal fee) and walked away from the incident without any MVR points or DOT points.

    I'm worried that after looking at my DAC and seeing the report of an accident, and also seeing the equipment failure ticket on my MVR, that it would be interpreted as two (2) separate incidents.

    I would like to change the DAC to cite an equipment failure on 4.3.18 and not an accident.

    How would I go about having this changed?
    Has anyone done something similar?
    Is there a service that can appeal this change for a truck driver?

    Please help me change my DAC Report.

    Thanks for your input ahead of time.

    Sincerely,

    is
     
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  3. ZVar

    ZVar Road Train Member

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    You can't change it as it's the truth.
    Oh you can file a protest, but once your old company replies with the proof, it will stay.

    I think your biggest problem is a truthfulness problem. There is no way a company large enough to care about DAC will fire you for one "fender bender"
    What else did you do to get fired?
     
  4. x1Heavy

    x1Heavy Road Train Member

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    You can submit a dispute But it wont materially "Change" anything

    It would seem someone put some extra weights on that bar when they started writing into DAC to make sure you are screwed up for a while.

    If that is true then there has to bea side or back story leading up to all this.
     
    DTP Thanks this.
  5. baha

    baha Road Train Member

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    There was co. called dac fix that would charge you money to fix your dac report, but it may be time for you to look at crags/list or a small co. that wont look at the new named dac co to find a job
     
  6. istrum

    istrum Bobtail Member

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    ZVar ... yep.

    Truth is that I rubbed up against another trailer with my doors open and hooked to the side of my trailer while at a Forwarding Company in Laredo TX. It was my 3rd load to dock as a solo driver, the area was unpaved, had potholes and the other trailer was parked at an angle and screwed up my thinking as far as docking straight. The hinges tore off and door fell off. After the lumpers were paid in cash, I picked up the door, loaded it and returned to the local terminal. I was told not to worry, it happens all the time ... but it stood as a property damage incident on file. Then about 10 days later, I was out of HOS and pulled into a small town in Illinois. I drove to a Supermarket to stay for the night, and decided to pull the truck around to set myself up for an eazy exit the next day. In order to negotiate a light post, I borrowed some "real estate" that I thought would allow me to make my maneuver. The grassy area was saturated by the day's rains and I had not foreseen that and the turn of weather that brought on more rain. My truck got stuck and needed a tow out. Again, because of the necessity of the tow and the ruts being considered property damage - the incident went down as my 2nd event. The Supermarket chain never contacted me about the ruts in the grass, by the way.

    So, yes ... the slight fender bender at 5am with a nice woman who was a bit groggy and on her way to work "in the morning" at the facility I had just delivered to ... is considered a 3rd event, regardless of the non-point DMV and non-point DOT nature of it. It became settled as an "equipment failure" after the big company fired me and sent me home 1900 miles away.

    I've learned from these events. They are very much "junior league" mistakes. They say that experience is what you get 15 minutes after you needed it.

    is
    ... still I ask is there a better way of presenting the story or changing the DAC?
     
  7. 8thnote

    8thnote Road Train Member

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    DAC is a private service to which trucking companies subscribe in order to be able to better screen potential applicants. It is not a govt document, like an MVR or PSP report. As a private service, they are not required to use legal terms or the specific language of the courts/police.

    The company that subscribes to the service, as a benefit of being a paid subscriber, is allowed to make reports about all of their employees. The only requirement of the submitted report is that it be materially true statements. If you were in an accident, they are not required to use the obfuscating legalese of the court. You can submit a request to have an entry removed, but if your former employer has proof that you were involved in an accident DAC will not remove the entry.
     
  8. ZVar

    ZVar Road Train Member

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    There is no such thing as a junior league event. Hitting anything with your truck is major. Again, attitude matters.
    Once you grow up and learn that doing damage is not a minor thing then your interviewing skills will improve.
    It's the difference with having the attitude of "Well I didn't kill anyone, so all is well" to "I know I messed up, and here is what I'm doing to make sure it never happens again."

    See, the reason everyone is turning you down is the root cause has not been addressed. That root cause is you are not paying attention in low speed maneuvers. I dunno if it's because you are focusing on one spot, and not looking around, or thinking that since you are going slow no big deal if you hit something...

    And I'm not spending my time just being an a-hole. I honestly want you, and everyone, to succeed. To do that you have to be honest and work to improve yourself. You have to stop blaming someone else (In this case DAC)
     
  9. bottleneck rookie

    bottleneck rookie Bobtail Member

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    Stop applying to crap companies as they are the only ones who use DAC.
     
  10. snowwy

    snowwy Road Train Member

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    How does one get an equipment failure on MVR?
     
  11. tscottme

    tscottme Road Train Member

    DAC is governed by the same rules that govern credit reporting agencies. As such everyone is entitled to 1 free report from DAC yearly, which isn't relevant to your question.

    But, you are entitled to challenge any entry on your DAC report, which DAC is required to investigate or remove from your file. Let's assume they "investigate" and retain the entry as your previous company verifies the information. You are allowed to submit a brief reply to the disputed information and your reply must be transmitted by DAC to any company requesting your DAC file.

    DAC lists the requirements of your reply on their website. Keep your reply within the DAC requirements and think of a good short explanation that may help you. If DAC doesn't remove the entry your reply can help with SOME trucking companies.

    IMO, I'm not sure a reply saying "I did this thing, but I got it pled down to the this lesser charge" helps very much. In a perfect world an explanation that suggests the even didn't actually happen, or the DAC entry is a misunderstanding of what actually happened would probably be more useful to you. You can keep challenging the DAC entry over and over and maybe eventually the trucking company will not respond, go out of business, or stop supplying DAC with info.
     
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