Is this legal?

Discussion in 'Questions From New Drivers' started by ajl72086, Aug 2, 2024.

  1. kylefitzy

    kylefitzy Road Train Member

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    Are we Saftey sensitive or unskilled labor? I guess it depends one who’s asking and what point they are making.
     
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  3. tscottme

    tscottme Road Train Member

    Both. Safety-sensitive (requiring drug screens & random drug tests) & unskilled labor (you can train a minivan driver to get a CDL in 21 days. Unskilled doesn't mean no training required. Selling french fries to the public requires training. CDL work doesn't require professional certification like an engineer or lawyer.
     
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  4. FearTheCorn

    FearTheCorn Medium Load Member

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    "Accidental damage on a tree limb" That's the stupidest thing I have ever heard. And I am married.
     
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  5. tscottme

    tscottme Road Train Member

    "Last straw" is the term the company should have used. 3 incidents (not involving other vehicles on the road) would be enough to get a driver fired at many companies. Lying on the application is about the easiest way to get fired at any company I know.
     
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  6. Zoltan1a

    Zoltan1a Road Train Member

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    that sounds unusual for sure
     
  7. Ex-Trucker Alex

    Ex-Trucker Alex Road Train Member

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    Two things about your 'slowly evolving' story:

    1) As a truck driver, part of your job is NOT HITTING THINGS. This shows a person with poor 'spatial awareness', which is absolutely crucial for an operator of large vehicles.

    2) So, you were 'less than fully honest' (to put it mildly..) about your ACCIDENT/INCIDENT HISTORY, and they caught it? You're fired, man! They don't want a liar working for them. They also don't want an accident liability working for them. You took your chances and you got nailed. And somehow, YOU have been wronged????

    Stop being such a snowflake and just own up to your mistakes. You screwed up, you got caught, and you got fired. Move on!!

    You probably are not "truck driving material" from what you've told us here, and I'm sure the driving industry will do just fine without you. There might be a job somewhere you could get "hauling rocks", but I wouldn't aim much higher than that (especially with your driving record). Ain't NOBODY gonna take your side on THIS story, so you'd better get used to it....
     
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  8. ajl72086

    ajl72086 Bobtail Member

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    Snowflake lol. Ok keyboard warrior.
     
  9. brian991219

    brian991219 Road Train Member

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    From the point of view of a Director of Safety at a 1,200+ fleet, and now consultant to many fleets, splitting hairs on terminology will get you nowhere with the safety or human relations departments, especially in trucking where our files are routinely audited for compliance.

    Incident, accident, event are all the same, just used in different formats by each company. The bottom line is, just because an event, or as you are calling them "incident", didn't make it to your driver's license record (MVR) doesn't mean it does not need to be disclosed to a prospective future employer or it will not be discovered by one. It will be in the employers files, possibly on your PSP report or in a DAC/Hireright report.

    The link I shared earlier in this thread details the background and character investigations that every motor carrier must do, which includes contacting all previous employers for the past three years to inquire about your safety performance history. This investigation is required specifically for situations like this, when a driver either intentionally or not, fails to disclose prior safety events that could affect their safety at the new company.

    If you had three events as described it shows me, the safety director, you have poor decision making skills and poor judgement and need more training on both. If I am not a training company I simply pass on hiring you. If I do offer training then you may be hired into a apprenticeship program and spend another 30-50k miles with a driver coach/mentor helping you learn how to be a better truck driver.

    That said, in any instance where someone fails to give me all the information up front they are terminated with a not eligible for rehire note in their file, which is then shared (within parameters of legal disclosure) to all future requests we get about that driver from other employers. That is part of how the FMCSA designed the system to stop unsafe or dishonest drivers from job hopping and to keep them off the road.

    Unsolicited advice here, if you wish to keep working as a truck driver start being upfront about your past and your shortcomings. Maybe 30 years ago you could hide three incidents, but not today with how connected society is.
     
  10. MACK E-6

    MACK E-6 Moderator Staff Member

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    I would call that a preventable accident at the very least.

    “Incident” to me is more like a blown tire or catching a tree branch or phone line hanging low over a main road and IMHO are things that shouldn’t be considered a driver’s fault.
     
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  11. wichris

    wichris Road Train Member

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    Seems like a lot think if it doesn't involve another vehicle it's just a "minor incident"
     
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