IT IS LEAVING the facility........!
he got up, walked out......you are NOT even allowed to go out for a smoke. as far as the drug screening goes, think of it as the "Roach Motel"......"you check in, but you CANNOT check out".
i really wanna see your buddies lawyer do something. because he CAN'T......!!
your buddy is screwed. walk out of any random drug screening facility, you just REFUSED a drug screening.
and by God, PLEASE explain to the masses how it was "set up"....?? all YOU HAVE is your buddies word......were you there to witness any of this.....?????
Why ticket the driver
Discussion in 'Trucking Industry Regulations' started by magnum force, Oct 5, 2010.
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1. Why did they test him on saturday after sending him away Friday for allegedly refusing to test?
2. Why did the company after sending him BACK on saturday call the collection facility ,and tell them not to have the samples tested? The owner laughed in his face ,and said "BYE BYE " to him
3.He has the drug testing custody and control form for saturday Their mistake! Where are the samples they collected,and why were they not tested. They would show he wasn't hot that's why.
4. He had himself tested on his own dime on the same day to show he would not have tested hot.
5. So if their toilets are being repaired,and they have portable toilets outside the door for your convenience then you have to crap in your pants is that correct.
6. You don't leave any facility until you cross the property line. That is what denotes the boundaries of the facility on their deed not the door.
7. When he said he was going out to his car for the phone they didn't have a problem with it not until a half hour later. WHY?
8. You act as if he worked for you.
9 A good lawyer will clear his name,and get him unemployment ,and probably sue the trucking company,and the facility for defamation of character!
10 You'll have to get up a little earlier rerun8963 -
Sorry Magnum, Some folks have to work. So where is your company? If they are not in my State, and I haven't stopped you how do you suppose I write them a ticket. I guess the other post can't get through your thick skull. I explained this more than once. But give me the info, PM me if you like. I can't make a driver or carrier do what they are supposed to, I try, but they do what they want. If they are legal when I stop them, so be it, if they are illegal, that's what my pen is for. My hope is all driver's and carriers do the right thing and obey the law. That way I don't have to write tickets and hand out fines. I would love to do inspections with no violations. But when I see the junk I see on the roads, I don't want my friends or family sharing the roads with these trucks or driver's. The thing about a bald tire or one with steel belts showing, it just didn't happen overnight.rocknroll nik, walleye and postmandav Thank this. -
do you realize how this makes you sound like a fool....???
do you really think that in any med clinic there would only be ONE toilet for the entire facility..??
you are WRONG, open the door, you entered, go out the door, you exited...
you nor i WAS THERE, you are going by HIS WORD.....i think he's "full of it", because he would have been WARNED, WALK OUT YOU REFUSED
hardly.......in regards to your so-called "defamation" non-sense. maybe so on the unemployment, BUT the employer will contest this saying he went against company policy, try getting unemployment after that...
i'm "up at" 3:45 AM 7 days a week......and you.......???? -
Subpart I -Problems in Drug Tests
40.191 What is a refusal to take a DOT drug test, and what are the consequence?
(a) as an employee, you have refused to take a drug test if you:
(2) FAIL TO REMAIN at the testing site until the testing process is complete.
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HEY rerun8963,
I noticed you didn't touch these three
1. Why did they test him on saturday after sending him away Friday for allegedly refusing to test?
2. Why did the company after sending him BACK on saturday call the collection facility ,and tell them not to have the samples tested? The owner laughed in his face ,and said "BYE BYE " to him
3.He has the drug testing custody and control form for saturday Their mistake! Where are the samples they collected,and why were they not tested. They would show he wasn't hot that's why.
BLA BLA BLA BLA BLA
Looks like it will be up to a judge to decide !!!
PS Retesting him the next day makes them look like the fool. His company pulled the plug on testing the samples not the collection facility who said he refused to test! It should have been the testing facilitys gripe since they sleep with the regs.
Who cares WHAT you think. You sure as smack were not there,and how do you KNOW where I was ,and what I saw. Maybe I took him there!!!
Just curious am I trespassing when I hit your property line ,or not until I get to your door?
You're a cop!!! -
i didn't have to "touch" on the remaining items.....he walked in, signed in, then he walked out, that's a refusal he loses.......
"tell it to the judge".........then come here and tell us he lost AGAIN.....!!
as far as the "trespassing" thing, you are talking 2 different animals here, stay FOCUSED on the subject, or is that too hard for you to do...?? walking OUT on a random drug screen is a refusal to be tested.........i quoted the FMCSR book on that........cry me a river of crocodile tears for your "buddy".....
and i wish i were a cop, i'd be making more money/benefits and a great retirement. -
well.................still waiting. -
W.L.Davis. Google it. R&J Trucking
8063 Southern Blvd.
Boardman, OH 44512
Phone: 800-262-9365 -
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. 2. Hours of service. (1) Time. 49 C.F.R. §395.3 -- 11 hours driving in 14 hour shift after 10 hours continuous off duty. No more than 60 hours in 7 days or 70 hours in 8 days. 3. Drugs. 49 C.F.R. § 392.4 provides that "No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs... (list in web site) 4. Alcohol. 49 C.F.R. § 392.5 absolutely prohibits use or possession of alcohol in operation of a commercial motor vehicle. (details on web site) which means that on call drivers are most likely operating illegaly
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