Problems With My Company Truck

Topic 6941 | Page 2

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Terry C.'s Comment
member avatar

Let me see if I have this correct, even putting this particular case side. A driver tells you the truck has an OOS issue that needs to be addressed. You tell him "living on the road ain't a bowl of cherries....stop whining and do the job you were hired to." Driver then pulls into a scale and had the truck inspected and dot sure enough found an OOS issue (s). You then fire the driver. On what legal grounds do you hope to win a wrongful termination lawsuit? Driver informed you of an issue that you ignored and got his discovery confirmed by a dot inspector. I don't see how that wins a lawsuit.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

MRC's Comment
member avatar

Apparently Terry, we are all rookies on here and don't know are ass from our steering wheel.wtf-2.gif I have my license and drive a truck and I would assume that the "Rookie" and or in your case "Experienced tag under your name would mean that you do, Would that mean that we have experience and maybe some bit of knowledge? of course I'm asking this against a post with a tag stating "considering". I understand the question of being," the second company with truck problems?" but then to attack the lot of us "Rookies" for giving our opinion on the subject. EXCUSE ME! I ran my own construction company for 20yrs and have seen all types of problems also, so what?thank-you-2.gif

MRC's Comment
member avatar

Sorry, let me correct myself. Panama is preparing for school, my bad!shocked.png

Dave D. (Armyman)'s Comment
member avatar

Let me see if I have this correct, even putting this particular case side. A driver tells you the truck has an OOS issue that needs to be addressed. You tell him "living on the road ain't a bowl of cherries....stop whining and do the job you were hired to." Driver then pulls into a scale and had the truck inspected and dot sure enough found an OOS issue (s). You then fire the driver. On what legal grounds do you hope to win a wrongful termination lawsuit? Driver informed you of an issue that you ignored and got his discovery confirmed by a dot inspector. I don't see how that wins a lawsuit.

What happens if the driver pulls into an OPEN Scale, and the inspectors WANT to do a Level 1? Do we still FIRE the driver? Should the driver try and "Bypass" a scale to avoid a possible inspection?

Dave

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Scott O.'s Comment
member avatar

First of all the driver said he had to recover the truck cuz the last driver parked it somewhere other then the terminal so that means he couldn't have had it fixed without putting his own money into it and he did inspect the truck cuz he found it to be unsafe and his company is telling him to drive a unsafe cmv....

Now with that said I would never drive a unsafe truck because I value my life and others if that makes me a whiner then so be it I will take a whole lot of cheese with that whine... I wish I could get a job working for you and let you fire me for that reason and I'll have a field day with you in court just saying.....

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
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