Coercion law outlines the responsibility on the part of shippers and receivers that you questioned earlier. The Coercion clause just outlines, for those that cannot read, or understand, the rest of the chapter and volume, the responsibility shippers, carriers, and receivers have in adherence to the basic rules.
No but apparently some other people have gotten that stupid.
In no situation can you hire someone to do something you know is illegal and then claim you have responsibility for the outcomes of your bad decision. Holding a shipper, broker, or carrier responsible for their bad decisions is not absolving a driver's responsibility; your clearly adding a bunch of crap that has no pertinence to the OP's situation.
Load that can't be done legally
Discussion in 'Questions From New Drivers' started by Slargtarg, Feb 18, 2017.
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This victim mentality of drivers is just as pathetic as pathetic as people rioting when some criminal gets shot by police. -
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A shipper and reciever does not have authority to see log books of a outside driver. Simply put, such information is propietary to the trucking company and availible only and strictly only to law enforcement and to Trucking Company officers in addition to designated representatives of trucking company.
If a driver shows up on the property of shipper or reciever with a load that belongs to same without a shred of time anywhere free to drive until midnight of the logbook day (Recap last 8 days) then that driver cannot move one blessed inch until there is a trucking company contacted and a repower unit with driver who have hours for today sent to handle said load. Either you wait until midnight for your load to move when driver gets his hours back and can work or you wait until repower is arrived and handles the load. If you are not willing to sit and spend the few hours consumed, then your third option is to take the load away from the trucking company (As a shipper) and give it to someone who has time legally. (Another trucking company.) as a reciever, your load has arrived. Dead but arrived. It's yours now. If you kicked the driver and his tractor trailer off the property then he has to go park legally at the truckstop or first lawful place to set 18 wheels down in a safe haven, possibly the scale house or somewhere in the industrial park. His hours being out is no longer your problem as a reciever.
The load that you own is on your dock ready to be processed, that is your problem. No one else's.
Unfortunately receivers do not behave that way. They will loom over the driver and impress upon him or her by force of threats or words designed to impose the will to make that driver do actual work with the load on the property of a receiver. The fact that the driver is out of hours and cannot move a inch or touch the load itself is immaterial. That becomes corection.
There is absolutely no defense to a driver who has driven 11 hours to a receiver, then spent 3 hours or so unloading by hand and has to quit for the day until he has had 8 hours in the sleeper berth. There is nothing anywhere in the regulations that defends a driver when he has to stop on the 14th hour on duty physically unloading except that he cannot drive until he has had 8 hours of rest. I myself have spent 24 plus hours with loads in the trailer transferring and sometimes break bulking into small wood and custom order stacks that the warehouse wont do. But has to be done in order for the pallet to be built, transferred to a specific receivers truck going to a specific grocery store and is delivered there by receiver off the trucker's physical labor building such custom store order inside the trailer instead of hiring warehouse persons to do that type of work in certain facilities.
My ultimately defense to such work is simply to quit the trucking company with such reciever accounts. And carefully very carefully interrogate, Not interview, interrogate... recruiters or drivers of a trucking company to learn about drop and hook accounts to a particular reciever, or simply write down trucking company names and locations (DOT numbers) of trucks that execute drop and hook inside recievers exact warehouse property in different locations. Then hire on to those companies.
I joined Ronnie Dowdy in Batesville because he has Walmart Drop and Hook. Rolled into Waco Texas off 35 I think it was into that DC there in the hills past several dozen truckers waiting to live unload around the gate. Listening to the verbal abuse and trash talk as they all witness me pull in, in a few minutes drop load, pick up empty and roll out in 10 minutes or so. Verbal abuse all the way in and all the way out. It's expected not a problem. Talking is just talking. But usually has a meaning for are reason. My 12 minutes inside Waco made many who were condemned to live unload to wait hours or a whole day and night for a dock... No wonder there was what there was that day.
Which is why I am intensely loyal to McKesson. Those loads are Million dollar value Narcotics and the driver absolutely do not touch whatever is inside those loaded and sealed trailers ready to pick up and DRIVE to distributor waiting to take it off, transfer as necessary to box trucks to the hospitals in the city. The truck is reloaded with cardboard bales back to Memphis to start the next load cycle over again. No touch.
Being lazy or any of that common hazing thinking tactics to abuse me for choosing to run with McKesson for that specific purpose has no meaning. Not after half a life time spent inside grocery warehouess and markets all over the east coast and some western facilities as well no matter how abusive the recievers would get. Ive been known to take a load, disconnect from it where it is loose on the 5th wheel, aim it at a bottom land on a corner of a abusive reciever and allow the trailer to sink to the floor boards in mud and water to let the reciever get it out. Not my problem if I really hated a bad one. Don't think I wont. I really hate doing things like that because I for one actually care about the product. And abusive recievers really suck.
There has to be additional changes in the laws. I point to the railroad for example. On the 16th hour to the minute they stop the engine and entire train somewhere in town, a dog catcher bus or van comes to get them into a hotel and that is that. If it takes 3 days for a new crew or a rested crew to get that train going again, it will sit for three days at low idle and enough hand brakes to hold the entire train, what is the rush? None at all. 16th hour on duty, that train stops. Bye bye train crew. Go get a good rest. Same with airline crews and so on. Trucking is a sort of a disrespected and abused profession because many are not really up to being called true professionals because the Nation refuses to treat them as such.
I for one do not want big government, but unfortunately trucking IS a federal enterprise and one that keeps America going. There is NOTHING in our lives that is not brought by truck. Stop the trucks stop the Nation in many really bad ways starting with food and gasoline in a few days time and then downhill from there.
Shippers and recievers do not need the aggravation. Neither does the trucking company and it's drivers. The Public knows nothing at all about this. And they wonder what the fuss is about? You have to physically be involved in the industry to find out first hand. -
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Shippers and/or receivers pay more for team run loads.
If a shipper or receiver tries to cut costs by requesting a solo driver for a load that legally requires a team, then they are liable for coercion.
Any carrier, planner, or dispatcher that knowingly accepts a load that can't be legally run and coerces the driver to accept the load, especially if there is threat of negative consequences for the driver for not accepting the load, then they are liable.
A carrier, dispatcher, or planner likewise are liable if they know a driver doesn't have enough hours to run a solo load and coerce them to run it anyway. In the OP's scenario his carrier et al responded in a positive manner. They contacted the receiver and rescheduled delivery to allow the OP to start running on recap hours and stay legal for HOS.
All is well that ends well.Last edited: Feb 22, 2017
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However, by the third week we were sitting in Lubbock, downtown at the old truckstop there waiting until midnight to get hours back on recap with FFE and another driver showed up asking why we were throwing time away sitting there, we said we were out of hours. It was a bit of a difficult scenario when a team is completely out of hours until midnight.
Fortunately for us we tried to "Pad" our hours and trips so that dispatch did not have the hours we actually have and we as a result of that white lie usually had some hours ready to go to burn on a really hot mission to grab a load off someone who spent too much time in the for example sky city casino or las vegas and now is late to the east coast.
I could not imagine trying to run the way we did under the rules you described today or very recently. It's impossible in our eyes. It's almost as if the lawmakers became a liability to the trucking industry by taking away the ability to do any work at all at least one full 24 hour period if not more each week. They don't understand for every day you sit on your hands, you lose hundreds, if not thousands of dollars. You need to run harder to regain the lost money which never happens because of other problems like 60 mph governors etc.FerrissWheel Thanks this.
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