Who is at fault?

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Cottrell 7car, Jul 15, 2022.

  1. Cottrell 7car

    Cottrell 7car Bobtail Member

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    Who is at fault for having driver cough driving illegal PC and put out of service by the law? Dispatcher or Compliance Safety Officer?
    Driver wasn't rushing to make on time delivery or he or she wasn't forced to drive illegal to make delivery. Who should Be fired after driver getting caught ? Dispatcher or Safety officer? Can't cay both! Only one can be responsible
     
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  3. ZVar

    ZVar Road Train Member

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    Why do you leave yourself out, i mean the driver. After all, it was the driver falsifying the logs, no one else.
     
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  4. roundhouse

    roundhouse Road Train Member

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    It’s the drivers fault

    even if the driver has the dispatcher in writing in email or text or Qualcomm telling the driver to go PC and finish the run it’s still the drivers fault .
    Unless the dispatcher was able to log in remotely and change it without the drivers permission or knowledge .
     
  5. Wasted Thyme

    Wasted Thyme Road Train Member

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    The driver. He's the one who chose to drive illegal.
     
  6. merv85

    merv85 Light Load Member

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    Your Fault err.. I mean Driver's Fault
     
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  7. Six9GS

    Six9GS Road Train Member

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    As mentioned, driver's fault 100%. A driver is 100% responsible for the legal and safe operation of a CMV. If a driver succumbs to the coercion of anyone to violate HOS rules, he is still 100% at fault. If someone talked you into robbing a bank and you get caught, you think you'll get anywhere with that excuse?
    And, as a CDL holder, you are responsible for knowing and abiding by the HOS rules. Can't plead ignorance. So, no wiggle room on this.
    My curiosity is wondering if a driver gets threatened to get fired unless they violate HOS rules to deliver a load. Driver refuses and gets fired. What recourse could the driver have (assume driver has actual documentation, such as copies of text messages, etc. So,that it is beyond he said she said)?
     
  8. bryan21384

    bryan21384 Road Train Member

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    Easy. The one who got caught. That's the driver. Allow me to elaborate. First of all, you don't advance a load on PC. 2nd, if you run out of time, you use PC long enough to get to safe parking. 3rd, a driver shouldn't hardly ever get in position to have to use PC to find parking. That's poor trip planning by the driver. We have all got in that position at one point or another, but no driver should be doing that every night. 4th, if break the rules, don't get caught. All of us truckers will take some sort of liberty to get the job done. You'll bend a few rules from time to time. You'll get away with that. That not only broke the rules, but overdid it. Now the driver evidently took a load he couldn't make legally and that was truly his first foul up. A driver can't knowingly join illegal shenanigans and then look for a way to place blame.
     
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  9. Opus

    Opus Road Train Member

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    Driver.
    Next question.
     
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  10. AModelCat

    AModelCat Road Train Member

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    Driver. 100% no dispute whatsoever.
     
  11. Knightcrawler

    Knightcrawler Light Load Member

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