Swift Academy Licenses Suspended

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by tony282003, Jan 9, 2009.

  1. rikdev50s

    rikdev50s Medium Load Member

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    This is your response to this whole thread??? Sue Swift... And put them out of business. Oh what a great Idea. THINK ABOUT WHAT YOU JUST POSTED. Do you really want to be a cause to put all those drivers out of work? Never happen you say, It sure could and here would you be then. For the few dollars you might get. Go ahead and make some more lawyers richer... and all because you had to retest. Mistakes were made, on both sides. Get over it, and move on.
     
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  3. safety1st

    safety1st Bobtail Member

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    Tony282003, thanks for posting those links. For some reason when I typed them in it said it was being blocked by a link filter. I'm not sure why... but at least they are posted now. That was the letter I got. I talked to the MI secretary of state yesterday afternoon and they told me that we do have to provide our own vehicles for the re-test, but that if we can't re-test by the date in the letter, they were willing to give an extension. So, at least they seem to be handling it graciously.
     
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  4. wjf1957

    wjf1957 Bobtail Member

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    tony con grats on passing your test yes had tester 501 not a real friendly sort was he? on a more serious note I asked the MRS. to look in to set -up a web page/site will keep you all posted as to where and when available . Drivers lots of good info thanks
     
  5. steelerfan67

    steelerfan67 Light Load Member

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    My thoughts exactly, mistakes were made and it is not like trucking is the only industry were mistakes are made. If Swift did something illegal don't you think the DOT would have lead the charge to go after them? It was unfortunate what happen and those drivers will have to re-test. It happens everywhere.
    I am in PA and took my test 11 years ago at a third party tester who was shut down 2 years later and everyone 2 years back had to re-test.

    Go re-test and move on, this is not the last time this will happen to drivers:biggrin_25510::biggrin_25512:
     
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  6. tony282003

    tony282003 Light Load Member

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    Jan 8, 2009
    Yorkshire, NY
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    "wjf1957", while the staff in Buffalo refer to Examiner #501 as merely "stoic", you are correct in that I, too, found him unfriendly (I didn't care for the way he barked out orders at me). At least you passed! Hopefully, your wife will be able to give us a hand with things - let us know how you make out.

    "CDL2006", congratulations on passing the road test! You fell victim to NYS DMV's extremely short timeframe given to handle the situation - as you see, many other states are giving drivers four to six weeks to retest, while New York gave us only ten days! (Seven days when you take out the weekend and Christmas!)

    Unfortunately, you are out the $320 for the tow bill, plus whatever you paid the local driver to deliver your load, plus the fine for "driving uninsured" (did you mean unlicensed?). You were fortunate in that you were able to pass the road test on your first attempt. I'm sure that there are other proficient drivers in the state that failed the road test due to inadequate studying.

    At this point, there is little you can do to recover your losses, absent a judgement awarded through a civi suit. And I'd like to address that issue next.

    "steelerfan67" and "rikdev50s": I, for one, don't want to see Swift go "out of business"; however, there are likely dozens, perhaps hundreds (and maybe thousands?) of drivers out there who are suffering monetary losses as a result of poor testing and/or licensing practices on the part of third-party examiners that were employed by SWIFT and/or TDoS employees.

    Exactly who is at fault has yet to be determined. If there were a civil suit filed, who should be named as defendants? The State of Tennessee? The Tennessee Department of Safety? The TDoS employees themselves? The third-party examiners used who were in Swift's employ? Swift itself?

    Is the FMCSA at fault, because they are the federal regulatory body charged with overseeing licensing and safety issues within the transportation industry? Does the State of New York hold some liability, because they took my Tennessee license and gave me a New York State CDL through reciprocity, merely assuming that I had been properly tested (as, of course, they should)? Or, is NYS DMV liable for damages, because they chose to use suspension policies and procedures that invalidated my commercial driving privileges without giving me sufficient time to act?

    Let's not forget that it has not yet been determined that every driver who graduated from Millington was improperly tested. Sources within NYS DMV have told me that, from a potential liability standpoint, it was simply faster and easier to require that all drivers be retested.

    Just because Swift has not yet been charged with any wrongdoing, should not imply that that could not happen. The multi-agency investigation has been going on for nearly a year now, and NO charges have been filed against anyone or any state or state agency. (I should add that I find that fact, personally, quite peculiar - almost as if Swift is being "protected" from having charges filed against them.)

    "steelerfan67", I'm sorry you were forced into a re-exam eleven years ago. That should make it apparent that the system of using third-party examiners is obviously not working. Since the number of affected drivers out of Tennessee is so large, I believe that only a civil suit will bring real change to end this widespread problem.

    Did you know who your third-party examiner was, or what company s/he worked for? If the number of recalled drivers was small, it's likely that you could have sued for damages at that time, and won.

    We Swift Millington grads had no choice but to use the third-party examiners and the TDoS office and staff that were provided for us. As such, since those services were essentially included in the $3900 tuition fee we paid (or, still owe to) Swift, then it stands to reason that Swift is on the hook to repay some, if not all, of that tuition fee!

    I currently estimate my lost wages plus DMV fees (not to mention extra gas in my pickup and cell phone usage) to be around $1000 to $1200! For me, that is essentially two weeks' pay in the last four weeks since this whole ordeal began! Now, maybe some of you out there can part with two full weeks' pay in a one-month timespan without it being much of a financial burden. I can't. Who shall I seek damages from?

    That's a theoretical question, of course, but hopefully I've made my point: That with losses that high, someone must be held responsible.

    If the average driver lost $1000 through his license suspension, then that could potentially equal a $5 million lawsuit!

    Now, whom do we name as defendant. . . ?
     
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  7. pawpaw

    pawpaw Medium Load Member

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    That is one of the biggest problems in our nation today. Every time something happens people want to sue. Like the lady who sued McDonalds for burning herself with, imagine this, hot coffee. Notice how playgrounds today are devoid of teeter-totters, merry-go-rounds, etc. Lawsuits took them out. Health costs are skyrocketing because of lawsuits and the insurance to protect against them. Prices are spiraling upwards and much of that is the result of litigation. And much of that litigation is just because, "you did something to me and I am going to make you pay." Why not take a mature approach to life and say, "Life happens; sometimes good, sometimes bad. But tomorrow is always another day." When you sue a company, they recoup the costs through raising prices or hurting current employees through costs. So maybe current employees ought to sue those who sued the company because now they have been hurt by the actions of those who brought the first litigation.
     
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  8. rikdev50s

    rikdev50s Medium Load Member

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    I would like to clear something up here... I made that remark in response to a post that was the only one that person posted on this thread... I thought it was a bit harsh and un feeling. Considering that those of you affected by this lack of proper testing, have and could face some really hard times in the near future because of the way each state treats this whole process. I thought it was a complete lack of thought on the posters part. Yes at some point you may need to consider this option, but right now the thing is to get your license correct. I just sort of got carried away, Litigation cost us all. It also showed that this is how some people are raised to think, if something hapens I can sue and won't need to work for the rest of my life... Looking for easy money. This just goes to a point that show a compleat lack of profesiolalism. IMHO I have not been affected by this bu I stil am interested, it couldaffect somebody I know and I could help them avoid the problems you are having/ or had... Thank you for taking the time to keep us all informed!
     
  9. tony282003

    tony282003 Light Load Member

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    Yorkshire, NY
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    I was going to reply to the last two posts, but I think that their ludicrous suggestions speak for themselves!

    Come on guys, tell us how you'd really feel if suddenly someone reached into your wallet and took out a grand or more! That is what has happened to us!

    Then you tell us we should move on and not try to recover our losses - that were sustained through no fault of our own!

    I'm speechless. . . .
     
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  10. rikdev50s

    rikdev50s Medium Load Member

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    I'm not saying you don't sue the responsible party... That has yet to be determined. What I was miffed about was the fact that, " Swift should be sued for this mess" was all the input this guy could come up with... And just pointing out the possible out come of this action. It has always been my theory that the only people who get rich from litigation are the lawyers. Do we really need to make another one rich, and for what? You would have to ask for three to four times the amount you lost, and most lawyers don't want to mess with small amounts like that. Now that's not a small amount to you or I , but to them it is nothing. That's my point! Do you really want to sue for millions, for your two to three thousand dollar loss? That is what makes no sense. But that's just how I think. To me that is what a class action suit is for. That way all could recover an equatable amount, that is fair and not a windfall.
     
  11. davan2004

    davan2004 Light Load Member

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    Dec 10, 2008
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    I see have to be more elaborate. I have a scenario. If you payed me $13,900 to build you a garage to put your expensive tolld and equipment in. I build you a garage. An certified inspector from my company came and inspected your garage your garage is up to code. Later on down the road The city's Code enforcement sends letter saying that my company improperly installed studs in other customers garages including yours. You are not to use your garage (or be fined) until you have that corrected to problem or you will have to tear down the garage. So now you have a useless garage. I know of the issue and I havent made an attempt to do anything about it. It costs $ 2,500.00 to fix. You mean to tell me that you're going to say oh well and shell out an additional $2,500. Yeah right!!

    I have question. Did any of these people receive any letters of some sort saying that Swift will reimburse those drivers who went to the Millington, TN school for their State re-examination? I doubt they did. If so i'm sorry.

    Like i stated before SWIFT NEED TO BE SUED and to be more elaborate for compensation and/or punitive damages.
     
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