Q: Alleged misconduct of cell phone use? What do you think?

Discussion in 'Experienced Truckers' Advice' started by Bonita Nut, Aug 7, 2024.

  1. TruckDriver87

    TruckDriver87 Bobtail Member

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    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.
     
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  3. Bonita Nut

    Bonita Nut Light Load Member

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    Q1: How long do companies have to submit information to Hire Right after termination?
    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.
     
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  4. Bonita Nut

    Bonita Nut Light Load Member

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    I understand what everyone is trying to communicate about using the phone, but I do not see a hand.

    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.
     
  5. Ridgeline

    Ridgeline Road Train Member

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    1 any time they want, it can be the day of or a year later.

    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.

    stop splitting hairs, it moved, so there is an assumption that it was in your hand. Don’t need evidence to the effect.
     
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  6. Bonita Nut

    Bonita Nut Light Load Member

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    Thank you.
     
  7. wichris

    wichris Road Train Member

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    I use DAC, mainly for those who seem to "forget" some places they've worked.
    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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  8. bryan21384

    bryan21384 Road Train Member

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    They totally can put something on your DAC a year later. We had a guy over that got let go because of an alcohol event of some sort. It didn't initially show up when the company checked out everything. If you have an alcohol or drug event of any kind, most companies won't even touch you for a minimum 3 years, even if you do SAP. It showed up some months after he got hired on with us, and safety had to let him go unfortunately.
     
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  9. Bonita Nut

    Bonita Nut Light Load Member

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    Oh, wow!
    That is scary to know especially if there is a pending issue going on...
     
  10. snicrep

    snicrep Road Train Member

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    Is that a reflection in your windshield? Or is there a camera behind you. That's what's crappy about trucking, companies can fire you for no reason at all. I wouldn't recommend to any young person to invest time into getting a cdl only to get fired and become unhireable. But sounds like they offered you a chance to keep working but with conditions.
     
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  11. snicrep

    snicrep Road Train Member

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    FYI. Irregardless is not a real word. Regardless of what you hear.
     
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