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XPO | Drivers rights : Refusal to drive in severe weather.

pilgrim

pilgrim

Just to **** you off
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New coercion rule passed Jan 2016
along with the surface transportation assistance act (STAA)

www.fmcsa.dot.gov/safety/coercion

http://www.whistleblowers.gov/acts/staa.html


Driver at my sic refused dispatch during the last big storm we got in the north east , He was given a letter of instruction by TM . the driver contacted DOT they informed him about the coercion rule that just passed and instructed him to print it out and give it to the TM and demand his LOI be removed from his file and destroyed , DOT told driver if his TM refused, To call them back and they would send someone to his sic to investigate under the coercion rule .
 
From what I read you have to wait until you are dispatched and there must be warnings issued on radio or tv about hazardous driving conditions before you can refuse , you can't call in several hours before your dispatched and say your not running . This linehaul rule that you have to show up and attempt to run before you can refuse is not the law and was called absurd by a judge when a carrier tried to use this in a case against a driver who was fired for refusing to drive in inclement weather .
 
pilgrim said:
Driver at my sic refused dispatch during the last big storm we got in the north east , He was given a letter of instruction by TM . the driver contacted DOT...
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Because nothing encourages management to listen to your case like giving the chain of command the middle finger. Safety manager? Director of safety? Why would you just go running to the DOT over an LOI? And what agency did he call? The DOT doesn't handle motor carrier compliance.

pilgrim said:
...they informed him about the coercion rule that just passed and instructed him to print it out and give it to the TM and demand his LOI be removed from his file and destroyed...
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Maybe I'm just a devout skeptic, but I have a hard time believing some government employee at the DOT would tell someone that.

pilgrim said:
DOT told driver if his TM refused, To call them back and they would send someone to his sic to investigate under the coercion rule .
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Again, that seems unlikely. The coercion rule deals with companies forcing drivers to violate the FMCSRs, HOS or HMRs. There's no rule that says you cannot drive in bad weather, so I don't think the coercion rule applies in this case because no FMCSR would be broken if he took the run.

Sounds like one of those linehaul stories...
 
trucknfool said:
Bottom line, you are the captain of your ship.
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That's true. One of the things I agree with in all of the changes to our safety policy is less second-guessing of the driver about when to say no.

trucknfool said:
Management cannot force you to drive beyond your skill level.
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On the other hand, if you never drive beyond your skill level, you never increase your skill level. I didn't learn how to drive in the snow by running a peddle in Florida. You can be safe and still take risks- we do it every day.

trucknfool said:
It's very stupid for management to continue to dispatch into a highly probable winter storm.
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Is it though? They've got a job to do- let's just say everyone or almost everyone but you takes their run. Is it really so horrible of them to push you to give it a shot? It's not like a winter storm is a guaranteed wreck.
 
Serene Gene said:
That's true. One of the things I agree with in all of the changes to our safety policy is less second-guessing of the driver about when to say no.

On the other hand, if you never drive beyond your skill level, you never increase your skill level. I didn't learn how to drive in the snow by running a peddle in Florida. You can be safe and still take risks- we do it every day.

Is it though? They've got a job to do- let's just say everyone or almost everyone but you takes their run. Is it really so horrible of them to push you to give it a shot? It's not like a winter storm is a guaranteed wreck.[/QUOTE Wow you sound like a dispatcher for one and for two you are clearly not understanding the rule, the rule is to keep them from punishing you for refusing to run in inclement weather nobody said anything about illegality of driving in inclement weather it is however the drivers legal duty to protect himself and the public , You also have a DUTY to your children and wife to stay alive and support them , putting yourself in an unnecessary situation is stupid when you can stop it from happening, I have the common sense to know when I'm putting myself in danger by being on the roads with people who may not know how to drive in inclement weather . How long have you been driving that you don't know that DOT does enforce motor carrier compliance. who do you think audits the company and investigates them when there is a fatality ? checks your weight , logs, the company vehicle the address is literally www.fmcsa.dot.gov. The driver told me that he called the DOT head office, asked to talk to whoever heads motor carrier enforcement . That's what they told him
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Serene Gene said:
That's true. One of the things I agree with in all of the changes to our safety policy is less second-guessing of the driver about when to say no.

On the other hand, if you never drive beyond your skill level, you never increase your skill level. I didn't learn how to drive in the snow by running a peddle in Florida. You can be safe and still take risks- we do it every day.

Is it though? They've got a job to do- let's just say everyone or almost everyone but you takes their run. Is it really so horrible of them to push you to give it a shot? It's not like a winter storm is a guaranteed wreck.
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well if your ever killed in a CMV accident maybe that's what they tell your family "Well we had a job to do" and you know he didn't have the backbone to refuse or perhaps intelligence ,so we forced him to go SORRY
 
Serene Gene said:
On the other hand, if you never drive beyond your skill level, you never increase your skill level. I didn't learn how to drive in the snow by running a peddle in Florida. You can be safe and still take risks- we do it every day.
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Yeah well you take risks every time you get out of bed but that doesn't mean you surround your bed with bear traps before you go to bed to increase your skill of walking to the bathroom , Just like you don't drive in a freaking blizzard or in a ice storm when the state issues a state of emergency and tells you to stay off the roads just to learn how to drive in the snow . It's called common sense
 
We have been on the edge of a few storms this year. Plenty of guys refusing to run out of barns that we ran too. They were being sent out heading right into it. Where we only had 40-50 miles of not so fun. I guess you just really gotta be aware of the situation.
 
pilgrim said:
well if your ever killed in a CMV accident maybe that's what they tell your family "Well we had a job to do" and you know he didn't have the backbone to refuse or perhaps intelligence ,so we forced him to go SORRY
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so then what was that car doing in bad weather?getting a gal of milk
 
It's just freight, I cannot blame a man for not going. You are not 100 percent in control of your vehicle if it is on slick roads. I have been driving my four wheel drive pickup at whatI tthought was a safe speed and it has kicked out from under me before . I was lucky to get it back but, I thought what if I was in a big truck??? Maybe not a good outcome.
 
You have to attempt the run. Unless the road is physically closed and shows that on the state website. That said, company policy is we don't send guys into storms. Decisions like this are local now, not linehaul's call.
 
upnorth said:
You have to attempt the run. Unless the road is physically closed and shows that on the state website. That said, company policy is we don't send guys into storms. Decisions like this are local now, not linehaul's call.
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Guys will literally park out in the street in front of the terminal and just chill. Pretty comical. Attempt, indeed.
 
upnorth said:
You have to attempt the run. Unless the road is physically closed and shows that on the state website. That said, company policy is we don't send guys into storms. Decisions like this are local now, not linehaul's call.
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At our Service center we were told that it was up to linehaul decision so our TM is probably screwing us he said you have to leave the gate and then you can stop and call linehaul , now I don't know if he is telling us this to take the fault off his shoulders or what.
 
Serene Gene , you sound like a dispatcher for one and for two you are clearly not understanding the rule, the rule is to keep them from punishing you for refusing to run in inclement weather nobody said anything about illegality of driving in inclement weather it is however the drivers legal duty to protect himself and the public , You also have a DUTY to your children and wife to stay alive and support them , putting yourself in an unnecessary situation is stupid when you can stop it from happening, I have the common sense to know when I'm putting myself in danger by being on the roads with people who may not know how to drive in inclement weather . How long have you been driving that you don't know that DOT does enforce motor carrier compliance. who do you think audits the company and investigates them when there is a fatality ? checks your weight , logs, the company vehicle the address is literally www.fmcsa.dot.gov. The driver told me that he called the DOT head office, asked to talk to whoever heads motor carrier enforcement . That's what they told him
 
pilgrim said:
Serene Gene , you sound like a dispatcher for one and for two you are clearly not understanding the rule, the rule is to keep them from punishing you for refusing to run in inclement weather nobody said anything about illegality of driving in inclement weather it is however the drivers legal duty to protect himself and the public , You also have a DUTY to your children and wife to stay alive and support them , putting yourself in an unnecessary situation is stupid when you can stop it from happening, I have the common sense to know when I'm putting myself in danger by being on the roads with people who may not know how to drive in inclement weather . How long have you been driving that you don't know that DOT does enforce motor carrier compliance. who do you think audits the company and investigates them when there is a fatality ? checks your weight , logs, the company vehicle the address is literally www.fmcsa.dot.gov. The driver told me that he called the DOT head office, asked to talk to whoever heads motor carrier enforcement . That's what they told him
Click to expand...


With getting bought and all, moral is pretty low. And the risk - reward is skewed. Not many guys willing to do anything stupid right now. What are they gonna do ? Fire you ? Okay. So what ? Con-way is dead. And even with the economy slowing down there are jobs to be had. Who is going to ruin their CDL at a time like this ?
 
highspeeds said:
With getting bought and all, moral is pretty low. And the risk - reward is skewed. Not many guys willing to do anything stupid right now. What are they gonna do ? Fire you ? Okay. So what ? Con-way is dead. And even with the economy slowing down there are jobs to be had. Who is going to ruin their CDL at a time like this ?
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I completely understand I'm not advocating you do stuff you're not comfortable with , The only reason I posted this was to bring it everyone's attention . You do what you feel is best for you . I personally don't mind the snow but a blizzard is another thing and it's nice to know you have some footing to stand on when you have a hard decision to make .
 
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