Breaching Swift’s Contract

Topic 22092 | Page 2

Page 2 of 3 Previous Page Next Page Go To Page:
Robert S.'s Comment
member avatar

double-quotes-start.png

but [I] have done enough work with lawyers and saw sometimes [a CDL holder] would lose their CDL for refusing to pay the company back. Even a Judge will side with the company if the person refuses to pay the company back remove his CDL its a rare case, however, it has happened before.

double-quotes-end.png

Robert, I have approved your comment on the condition that you can point us to at least one example where a judge has revoked a person's CDL for failing to fulfill a contract with a company-sponsored training program. Personally I have never heard of this happening before and I'm unaware of any authority that a private company would have to influence a state to revoke your driver's license.

I know that a driver's license can be revoked for failure to pay child support or a traffic ticket, but those are the only situations I am aware of.

So if you can point us to an article or a legal case of some sort which proves that this has happened in the past we would be extremely interested in learning more about it.

I think we're all under the impression that this is the way it works:

double-quotes-start.png

So in short, no you won't be arrested (it is a civil matter, not criminal) and your CDL will not be affected. No trucking company in the United States has any effect on the validity of your CDL.

double-quotes-end.png

Fortunately, the recordings are there, unfortunately, however, all parties involved signed a nondisclosure I cannot reveal the actual case you may, however, look it up I cannot confirm even if you found such records if it was his case. I am not a lawyer have no access to the files nor would I under the paperwork signed for that case. There is more than one case like this but like I have said it is very rare.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Brett Aquila's Comment
member avatar
Fortunately, the recordings are there, unfortunately, however, all parties involved signed a nondisclosure I cannot reveal the actual case you may, however, look it up I cannot confirm even if you found such records if it was his case. I am not a lawyer have no access to the files nor would I under the paperwork signed for that case. There is more than one case like this but like I have said it is very rare.

So it happens, but you have no way of proving it. I'm sorry, but that's not going to work for us. If you can't even demonstrate one single example of something happening then I'm going to assume it doesn't happen.

By the way, how do you know so much about these cases? Everyone signed a non-disclosure agreement but apparently it was disclosed to you. How does that happen?

Old School's Comment
member avatar
I cannot reveal the actual case

That's exactly what we thought.

Oh boy, this is one of those driver's lounge tales that has been circulating for years now. Kind of like that story about the New York city cop telling a driver to just go ahead and make that tight turn so that his trailer tandems crushed a parked car. The cop said it was okay because they shouldn't be parked there.

Tandems:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

Tandem:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Robert S.'s Comment
member avatar

double-quotes-start.png

Fortunately, the recordings are there, unfortunately, however, all parties involved signed a nondisclosure I cannot reveal the actual case you may, however, look it up I cannot confirm even if you found such records if it was his case. I am not a lawyer have no access to the files nor would I under the paperwork signed for that case. There is more than one case like this but like I have said it is very rare.

double-quotes-end.png

So it happens, but you have no way of proving it. I'm sorry, but that's not going to work for us. If you can't even demonstrate one single example of something happening then I'm going to assume it doesn't happen.

By the way, how do you know so much about these cases? Everyone signed a non-disclosure agreement but apparently it was disclosed to you. How does that happen?

This is the best I can do I don't know him personally this is a quote from a lawyer in FL "Do you owe child support, back taxes, or student loans? Failing to pay child support can have serious consequences. You may be held in contempt of court, lose your driver's license, or be sent to jail. Liens may be placed on your property, and you may not receive your tax refund. If your income has dropped sharply, you may be able to get the court order modified. Call your attorney for more information, said Prasse." if you want and offical case ask someone who pass there Bar exam and practices.

PJ's Comment
member avatar

OS that’s a good one. I had alot of authority on the job, and a tremendous amount of discretion but never that much lol. Anyway guys I don’t know about other states but I do know how this works under ca law. Judges do have the absolute authority to suspend/revoke a state issued drivers license. They are the only ones outside of DMV that have that authority. However it is in criminal cases ONLY!!!! Now failure to pay court ordered support is a criminal case. Violation of a court order, misdemeanor. 166.4a CPC if anyone wants to reference it. A debt is not a criminal case at the stage that has been described thus far here. It could go that way if a judge made a judgement that was then not followed, but a district attorney would have to agree to the prosecution. Possible yes, probable no.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

Brett Aquila's Comment
member avatar
This is the best I can do I don't know him personally this is a quote from a lawyer in FL

So you don't know anyone that this has happened to and you can't prove that it has ever happened. But somehow you know for a fact that it happens.

Beautiful. Just the type of sources of information we love to share with our visitors.

By the way, you Googled something regarding losing your license and student loans and the quote you gave came from this article, which was the first result on Google's listings:

Getting Through Tough Times: Which Bill Should You Pay First?

So if you were being honest I think you would have to admit you have no idea what you're talking about. You have no examples, you have no proof, and you don't know anyone this has ever happened to.

Failing to pay child support can have serious consequences.

Everything after that statement was referring to that statement. Nowhere does it say your CDL will be revoked and you'll have to do the testing all over again if you fail to pay back a company-sponsored training program. Not to mention, I don't know that company-sponsored training even qualifies officially as a student loan or not. But I've known people who failed to pay back student loans and none of them ever lost their license or mentioned the possibility.

Unfortunately I'm going to have to delete all of these comments if there is no proof that your CDL can be revoked. We simply don't spread rumors that way. We're not called TruckingRumors after all.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Chris M's Comment
member avatar

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

Fortunately, the recordings are there, unfortunately, however, all parties involved signed a nondisclosure I cannot reveal the actual case you may, however, look it up I cannot confirm even if you found such records if it was his case. I am not a lawyer have no access to the files nor would I under the paperwork signed for that case. There is more than one case like this but like I have said it is very rare.

double-quotes-end.png

double-quotes-end.png

So it happens, but you have no way of proving it. I'm sorry, but that's not going to work for us. If you can't even demonstrate one single example of something happening then I'm going to assume it doesn't happen.

By the way, how do you know so much about these cases? Everyone signed a non-disclosure agreement but apparently it was disclosed to you. How does that happen?

double-quotes-end.png

This is the best I can do I don't know him personally this is a quote from a lawyer in FL "Do you owe child support, back taxes, or student loans? Failing to pay child support can have serious consequences. You may be held in contempt of court, lose your driver's license, or be sent to jail. Liens may be placed on your property, and you may not receive your tax refund. If your income has dropped sharply, you may be able to get the court order modified. Call your attorney for more information, said Prasse." if you want and offical case ask someone who pass there Bar exam and practices.

The student loans referenced there are federal grants. If you got a federal grant to go to a truck driving school at a community College, and did not repay your loan, then I could see losing your license being a possible. But that would be for failing to pay for federal grants only. Failing to pay a privately owned institution is not the same situation.

Robert S.'s Comment
member avatar

double-quotes-start.png

This is the best I can do I don't know him personally this is a quote from a lawyer in FL

double-quotes-end.png

So you don't know anyone that this has happened to and you can't prove that it has ever happened. But somehow you know for a fact that it happens.

Beautiful. Just the type of sources of information we love to share with our visitors.

By the way, you Googled something regarding losing your license and student loans and the quote you gave came from this article, which was the first result on Google's listings:

Getting Through Tough Times: Which Bill Should You Pay First?

So if you were being honest I think you would have to admit you have no idea what you're talking about. You have no examples, you have no proof, and you don't know anyone this has ever happened to.

double-quotes-start.png

Failing to pay child support can have serious consequences.

double-quotes-end.png

Everything after that statement was referring to that statement. Nowhere does it say your CDL will be revoked and you'll have to do the testing all over again if you fail to pay back a company-sponsored training program. Not to mention, I don't know that company-sponsored training even qualifies officially as a student loan or not. But I've known people who failed to pay back student loans and none of them ever lost their license or mentioned the possibility.

Unfortunately I'm going to have to delete all of these comments if there is no proof that your CDL can be revoked. We simply don't spread rumors that way. We're not called TruckingRumors after all.

If you wish to add your opinion I do not care. I have stated why I cannot so I gave you the best example and CDL is a license the statement referred to all three if you actually interpreted it correctly. the source I gave wasn't from that page but your welcome to make your own opinion. personally don't care I came here to help this individual I gain nothing personally from this.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Brett Aquila's Comment
member avatar
the source I gave wasn't from that page

You didn't give a source at all.

your welcome to make your own opinion

That's just it. This isn't a topic that's open to opinion. Either you can have your CDL revoked for failing to pay back a company-sponsored training program or you can't. We're not talking about the best tasting cookies. We're talking about a legal matter and if you can't demonstrate one single example of this ever happening then we're going to assume it hasn't happened. If you can't demonstrate that it has happened then you shouldn't have brought it up in the first place.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Robert S.'s Comment
member avatar

double-quotes-start.png

the source I gave wasn't from that page

double-quotes-end.png

You didn't give a source at all.

double-quotes-start.png

your welcome to make your own opinion

double-quotes-end.png

That's just it. This isn't a topic that's open to opinion. Either you can have your CDL revoked for failing to pay back a company-sponsored training program or you can't. We're not talking about the best tasting cookies. We're talking about a legal matter and if you can't demonstrate one single example of this ever happening then we're going to assume it hasn't happened. If you can't demonstrate that it has happened then you shouldn't have brought it up in the first place.

This will be my last post on this topic maybe forums but I will say this last sentence is true your, First hasn't been true on a lot your post your forums a person like me and everyone else as such you have you and you do add them.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

Page 2 of 3 Previous Page Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Swift Transport Advice For New Truck Drivers Attending Truck Driving School Getting Your CDL Trucker's Family Matters Understanding The Laws
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Why Join Trucking Truth?

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training