At minimum I would dispute the DAC.
http://www.hireright.com/Consumers-Applicants.aspx#RequestForm
How bad is a quit under dispatch?
Discussion in 'Questions From New Drivers' started by Rumblestrip, Jun 12, 2012.
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Actually it was before we left for the day. I was with the trainer who went on and took the load, and I was thinking he was under dispatch since it was his truck. Stupid on my part, had I known I would have handled entirely different.
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I filed a dispute with DAC but all they did was send me a reply that the company would not change it's statement
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If your story is true, and you can afford or find one that will take the case, get an attorney to at least look at the case. Second, if true, it's time you made their life a little more interesting. I hope you took pictures with your camera phone to document all this damage to the truck and the unsafe condition, and unclean condition of the truck. Start making complaints to local and federal agencies that deal with this company. Here is a link for you concerning the unsafe vehicle: http://nccdb.fmcsa.dot.gov/HomePage.asp and follow the directions on the site.
Now mind you, if you don't have proof of the things you just told us (pictures etc) it will be harder to prove and if you can't prove it, you might find yourself the subject of a frivolous action. That said, if they truly did as you said (and I've seen those kind of sleaze companies) you may as well give them "reason" to change your DAC by making them the target of an investigation.
Good LuckLGarrison Thanks this. -
Well if it went as you say it did, I'd take them to court. I really would.
Your probably not going to do that so here's the deal, any of the bottom feeding garbage companies that actually use the DAC are probably not going to hire you. They might but first you would have to find someone there with a brain, that's unlikely.
The good thing is that they actually did you a favor, now your going to have to go out and find a good company to work for. IE a small outfit that doesn't use the DAC, and knows you by name, not a number. -
Now I know the new guy get's the crap. This is a myth that needs squashing big time because it can get dangerous. Now you are not gonna step right into the newest truck in the fleet BUT there's a big difference between an older truck and one that's unfit. Nobody has the right to put you at risk of harm.... nobody. Heck, it's just plain stupid to put a newbie in a vehicle that's going to guarantee an accident that will cost the company thousands of dollars.
However, just be real sure you know what you're talking about when you refuse a truck for safety reasons. But if you do, then document it well, take that documentation through the "process".... right up to the safety guy if necessary. Do not take that truck out of the yard unrtil it's righteous. Because there is one true fact in this business..... the DRIVER bears ultimate and final responsibility for his actions. -
Amen to that, someone that has it stated simply. There is no, it's their fault in this business, the company, the dispatcher, the fleet manager will all and properly tell you, it's your responsibility. This business has no use for laggards.
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And,
OSHA will back you up !!! -
I think you went about the problem all wrong. The truck being dirty does not make it unsafe. Take pictures of all the problems then you should have cleaned it. Then you should have took the tractor around to the shop. Let dispatch know you've found many problems with the truck and you are trying to get them fixed. Then if they say "Well so and so took it out and had no problems" you tell them you've found the truck to be unsafe and back it up with a FMCSR (§393.93). You could also use §396.7 Unsafe operations forbidden.
You just can not fight the company on your word. You've got to have references and evidence to show the safety department that you feel the truck is unsafe because and then reference it to back you up. You've got to know that dispatch is going to cover their ### and say well the last driver did ok and he's got more experience. Safety will see that you made an attempt to fix the problems and not think you drove a newer truck before and you want the same. You've got to cover your ### when you take a stand because now you know what they do.
It may be too late to fix your DAC but try anyway. It doesn't matter if the company changes what they said. They most likely never will. But it gives you the opportunity to tell the next company your side of the story. If you have problems finding work because of this then it's time to get a lawyer. Good luck and I believe you've learned some hard knocks and will know how to handle the problem better. Just my 2¢CAXPT Thanks this. -
CAXPT Thanks this.
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