Question

Discussion in 'Trucking Industry Regulations' started by CallMeTawanda, Sep 5, 2019.

  1. CallMeTawanda

    CallMeTawanda Light Load Member

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    Nov 13, 2016
    Bremerton, WA
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    So my company ordered an abstract on my behalf and took the fee for it out of my pay without telling me first or obtaining consent. They said it is because I am required to provide one every year to them. First question: is that true (having to provide an abstract to my employer every year? Second: is it legal for them to take money from my pay to cover the fee?
     
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  3. tnevin225

    tnevin225 Road Train Member

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    By law you must fill out a form telling them about any tickets you got. The abstract thing must be company policy, which is fine but charging you for it is BS. If you have a contract I would look into it and see what it says.
     
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  4. CallMeTawanda

    CallMeTawanda Light Load Member

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    Nov 13, 2016
    Bremerton, WA
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    No contract. This was the response I got when I sent them a msg voicing my concerns.

    “Casandra: As a CDL driver, I know you are aware of the regulations which require every CDL driver to provide an annual MVR to their employer. To save you from having to take time off work, the company runs the request for you directly from DMV.”

    This isn’t the first time they have done this, they also require us to fight any ticket we get and they take the lawyer fee out of our pay.
     
  5. CallMeTawanda

    CallMeTawanda Light Load Member

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    Nov 13, 2016
    Bremerton, WA
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    Any idea where I can find the regulation about filling out a form every year for tickets? I’m sure it’s in the FMCSA but we all know that may as well be in Sanskrit for all the sense it makes. Lol
     
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  6. LoSt_AgAiN

    LoSt_AgAiN Heavy Load Member

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    How much was this fee they took out for running your MVR?
     
  7. CallMeTawanda

    CallMeTawanda Light Load Member

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    Nov 13, 2016
    Bremerton, WA
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    Only $13. But it’s the fact they took it and didn’t tell me about it beforehand. Then tried to make it sound like they were doing me a favor.
     
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  8. wis bang

    wis bang Road Train Member

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    Levittown, PA
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    Bogus...

    the law read the first paragraoh; it clearly says who has to run the abstract & it ain't you! ! ! !

    §391.25 Annual inquiry and review of driving record.
    (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator's license or permit during the time period.

    (b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.

    (1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

    (2) The motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.

    (c) Recordkeeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver's qualification file.

    (2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver's qualification file.

    [63 FR 33277, June 18, 1998, as amended at 73 FR 73127, Dec. 1, 2008]
     
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  9. wis bang

    wis bang Road Train Member

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    Levittown, PA
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    Your part

    391.27 Record of violations.
    (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, require each driver it employs to prepare and furnish it with a list of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which the driver has been convicted or on account of which he/she has forfeited bond or collateral during the preceding 12 months.

    (b) Each driver shall furnish the list required in accordance with paragraph (a) of this section. If the driver has not been convicted of, or forfeited bond or collateral on account of, any violation which must be listed, he/she shall so certify.
     
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  10. CallMeTawanda

    CallMeTawanda Light Load Member

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    Nov 13, 2016
    Bremerton, WA
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    Wow. I knew it sounded fishy.
     
    Bean Jr. Thanks this.
  11. snowwy

    snowwy Road Train Member

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    It's mandatory as explained to pull your record.

    Don't know about the fee part though. Probably depends on the company.

    Some, I've had to fill out the form. Most of my employers haven't asked.

    Considering how many drivers get caught driving on a suspended or revoked license. Hardly anyone tells their employers they no longer have a valid license. They don't even say they got a ticket.

    I drove around the country for 30 days on a suspended license. Didn't even know. And office never said a word till I got back in to town.

    Their insurance pulled my record and saw suspended license.

    DMV never notified me that I needed to submit fingerprints because of the haz endorsement.
    My fingerprints are done in the middle of my 5 year license. While the test is every renewal.
     
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