Here's how to fix the issue:
Log on-duty for the entire wait time. Why? Because the driver cannot leave the load, and must remain in readiness to operate the truck, therefore FMCSA regulations say he is on-duty. For the entire time. After unload - oops! Need 10 hour break to move the truck. Or a 34 restart if over 70. Sure it may cost him some time this time, but you can be sure that the company will either fix the problem with the customer, or will not send him there again.
And the company cannot retaliate against him in any way, which includes cutting his miles or firing him. Why? Because it is illegal to retaliate against a driver for refusing to log illegally or operate illegally. OSHA will go to bat for him if they try to retaliate.
It's good that he's getting paid something, but I'm willing to bet that it's a lot less than he'd be earning if he didn't have to wait 3 days to get unloaded.
edit: If he really wants to stick it to the company, he can tell the company that he cannot legally move the truck to the dock (moving the truck to the dock would be a violation if he is out of hours to drive) until he gets a 10 hour break. That would mean that the company would need to hire someone to babysit the load until the driver becomes legal to drive after a 10 hour break.
Shipper/receiver horror stories
Discussion in 'Questions From New Drivers' started by Mikeww7936, Dec 13, 2013.
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Well his dispatcher said that they are no longer going to deliver to this company anymore because of this....his company isn't that big and she said they can't afford to have trucks sitting under load waiting while they have to give up loads because of a lack of trucks
Skydivedavec Thanks this. -
His company should have thought of that brilliant idea long ago.
Lux Prometheus and Skydivedavec Thank this. -
you got that right
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Sad part is companies know this but still haul their freight.Must pay very well to make the drivers the ones that suffer the most.
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Whats your friend been doing to pass the time besides talking to you?He has enough food in his trk doesn't he?His dispatcher should have started a game plan the second day of sitting.
Skydivedavec Thanks this. -
Is he allowed to leave the truck? What if he runs out of food?
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This is genius! Can you really do this?
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That depends on the company.If they're running looseleaf I would head somewhere and not even tell the company.But elogs,that can be more challenging.Have to go thru red tape crap and you still probably wont get an answer.
Skydivedavec Thanks this. -
He can do this but that's an excellent way to anger his company and make his life hell which ultimately will get him fired and itll be for some other reason.Im good friends with someone who did that with Werner.Only because he is strickly by the book guy..Werner fired him for some other reason but he knows it was because he left himself on lines 3 and 4 the entire time he was working.As long as he was babysitting the load while getting unloaded he stayed on line 4 and same with shippers.
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