NEW ANTI COERSION LAW

Discussion in 'Trucking Industry Regulations' started by TankerYankr, Mar 9, 2016.

  1. TankerYankr

    TankerYankr Medium Load Member

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    This new regulation that came into effect in January of this year, is one of those that I call a fart in the wind.

    The problem is that it has no teeth, the fact that a carrier or broker may loose their authority down the line, or that
    some shipper may be fined down the line doesn't help now.

    With no immediate relief, those people that put pressure on drivers to work outside of the regulations will continue to
    to do so without really worrying to much about down the line.

    Unless the powers to be figure out some way for immediate enforcement of this regulation it will be a big freaking joke.

    The ELD mandate that was stalled because of the driver harassment issue will get through because the DOT will say that the new anti coercion regulation will take care the problem.

    Perhaps require the state police/DOT to come out for enforcement immediately? I don't know, any thoughts?

    I mean serious thoughts, not the call the Marshalls.
     
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  3. driverdriver

    driverdriver Road Train Member

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    Enforcement will only happen for drivers that are willing to Stand up for themselves.
     
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  4. Cottonmouth85

    Cottonmouth85 Bad Influence

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    It's the drivers fault for what they do. There's already enough laws.
    People forget there is no such thing as forced dispatch.

    'Oh my boss made me do it' is a sorry pass the buck excuse for doing something stupid.
     
  5. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    With any kind of luck, an entire cottage industry in the legal profession will spring up to take these harassment cases on contingency. There will be legal fees and settlements to be had.

    No, I don't like that method either, but it is the only way the big ones get cut down to size by the less powerful in this day and age.
     
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  6. 28

    28 Medium Load Member

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    Get on with a decent company.
    Don't do the dirty work for the
    dispatch system if thats the case.
     
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  7. Dominick253

    Dominick253 Heavy Load Member

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    Me personally I'll just refuse. They aren't holding a gun to your head. There's other company's to work for. So if they try to force me they will loose every time. Besides if it's a company that is constantly doing it then get another job.
     
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  8. Straight Stacks

    Straight Stacks Paper Cha$er

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    Nancy Reagan said it best...

    JUST SAY "NO".
     
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  9. strollinruss

    strollinruss Road Train Member

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    So what if a driver says he is too tired and can't make a run, but he clearly has the hours left to do the job? I don't know what to do. Do you tell them to go anyway cause the government says he can do it? What if he has an accident and then says I told them I was tired? Am I covered because he had the hours available on his log? I want to do he correct thing but there is such a grey area.
     
  10. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    As in all grey areas, document everything in writing. Get an instruction to do something unsafe? Respond in an email to the next one up in the chain of command. Time, date conditions and reason for refusal, in 140 words or less.
    Get fired or retaliation? Next level up. Still no satisfaction, contact an attorney. Keep notes.
     
  11. TankerYankr

    TankerYankr Medium Load Member

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    What everyone seems to missing is that the most common problem occurs at shippers and consignees in that after they hold up a truck and the drivers 14 hours are up, they demand that the driver leave the location, even if the driver tells them that they took so long that they ran him out of hours.

    If the driver refuses, the customer in many cases have either called or threaten to call the local police. Drivers have been threatened to be arrested for trespassing if they fail to comply.

    Now granted, you are not required to obey an unlawful order from the police, (they have no authority to over ride federal regulations, except in case of potential threat to persons or property) but that is a legal argument that is best not debated on the street, but in a court room.

    So there you are stuck between the old rock and hard place once again with no immediate recourse.

    This is why I say the current non coercion regulation is not only worthless, but also dangerous in that it leads to false sense of security in that regulators and the public thinks that a problem has been solved.
     
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