I agree that this could potentially be a huge problem for OP getting another driving job.
Companies don’t immediately submit information to Hire Right after a termination: If there is no information on your Hire Right profile, it probably means they haven’t submitted it yet.
I don’t know the legality of whether they can actually put down, “Driver handled phone while operating CMV,” but if this is legal hearsay, you can dispute their claim through Hire Right’s internal processes. I don’t know if you could sue them for defamation/slander outside of Hire Right to get this disputed, but it might be an option too.
Handling a phone while operating a CMV is tantamount to the motor carrier potentially losing 5-10 million in decades long legal proceeding fees + payout if the cell phone use results in an injury/fatality.
Q: Alleged misconduct of cell phone use? What do you think?
Discussion in 'Experienced Truckers' Advice' started by Bonita Nut, Aug 7, 2024.
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Q2: Can they submit information one year later?
Q3: Do companies have to submit at least "employment time" with them?
Thank you for your thoughts and information.bryan21384 Thanks this. -
According to FMCSA:
https://www.fmcsa.dot.gov/driver-safety/distracted-driving/mobile-phone-restrictions-fact-sheet
A new FMCSA rule restricts the use of all hand-held mobile devices by drivers of commercial motor vehicles (CMVs). This rulemaking restricts a CMV driver from holding a mobile device to make a call, or dialing by pressing more than a single button.
CMV drivers who use a mobile phone while driving can only use a hands-free phone located in close proximity. -
2 yes,
3 no they don’t even have to use it, I refuse to because of the abuse that happens.
No matter what, you have to get it together and get another job, you have limited potential now.
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There is no entry for hand held device, closest would be violation of company policy.
Does not matter if they use it or not, you will have to explain the termination.Last edited: Aug 8, 2024
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That is scary to know especially if there is a pending issue going on... -
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