Ok Everyone, LET ME HAVE IT! Poor it on hard!

[Yesteryear]

Okay, I told myself when we got hosed by Expedite Solutions IT WOULD NEVER HAPPEN AGAIN! Well, guess what, looks like we just got it again. Was driving for a great company but the company had us in a very bad truck in which I failed 8 DOT inspections (6 level 2 and 2 level 1 ) so we had to find another truck much as I loved the company we were driving for we could not continue to fail DOT inspections. We are now driving this truck for 1 month 2 days, to date no pay. (owner could not seem to get the direct deposit set up, that is ok, issues arise, whatever, figure he didn't know how to do it.) Deal was we pay fuel and recieve 100% FSC. Got a hand written statement Friday for pay for past three weeks. Heres what it was:

load 1 - FSC paid to trk 205.61 (paid to us $141.80)
load 2 - FSC paid to trk 291.74 (paid to us $201.20)
load 3 - FSC paid to trk 261.29 (paid to us $180.20)
load 4 - FSC paid to trk 169.65 (paid to us $117.00)

I think you get the picture. Now after a month this is what he says he is paying us. Don't know if he actually has made a deposit as there is nothing showing as deposited to our account yet. Heading home for TG and then going try to get a load to Michigan to return the truck. Can you believe we would be so ahhhhh yep that's the word "STUPID" as to get hosed a second time? My goodness, I can't believe it. Well on a high note everyone can be assured the owner will be getting a certified letter and 30 days later a suit will be filed.

On a good note we got over 5800 miles in the past 8 days. lol Lot of good it did us!

 

[Ragman]

Deal was we pay fuel and recieve 100% FSC. Got a hand written statement Friday for pay for past three weeks. Heres what it was:

load 1 - FSC paid to trk 205.61 (paid to us $141.80)
load 2 - FSC paid to trk 291.74 (paid to us $201.20)
load 3 - FSC paid to trk 261.29 (paid to us $180.20)
load 4 - FSC paid to trk 169.65 (paid to us $117.00)

Was it a verbal deal or do you have a written contract?
If it is a written contract, did you have a LAWYER review it?

 

[greg334]

How often does one hear this - get a lawyer before you start in this business.

 

[chefdennis]

I read where you went with another owner, but nothing was said about a CONTRACT that has in writing what he was to pay for your services and FSC....

 

[BillChaffey]

I'm certainly not qualified to call anyone "Stupid" BUT at the end of week one with no pay, there would be no week two.

 

[OntarioVanMan]

No use on beating a dead horse...you are already beating yourself up or you would not have made public your situation...
We won't help you beat yourself up...

Hope 3rd time is the charm....if not..3 strikes and you are out...*LOL*

 

[fortwayne]

If you don't learn after the 'teacher' gives you the first lesson - shame on the teacher.

If you don't learn after the second lesson - shame on you.

Now it is time for your third lesson..........DON'T DRIVE WITHOUT A CONTRACT. DON'T SIGN A CONTRACT WITHOUT A LAWYER. DON'T HIRE A LAWYER WITHOUT A REFERENCE.

This concludes your third lesson.

 

[Yesteryear]

Was it a verbal deal or do you have a written contract?
If it is a written contract, did you have a LAWYER review it?

To be honest, I forgot to ask for a contract but I do have a number of other teams that can back me that we are suppose to receive 100% of the FSC as we are paying the fuel. I KNOW I KNOW that was sooooo stupid. My excuse, I was so upset at all the failed inspections I just wanted out of the bad truck and we have friends driving for him that told us to go with him. What I did not know was They had only been driving for him for a short time. They say they have always gotten a 100% of the FSC and do not know why he is doing this. Maybe he thinks we don't need the money, I don't know. I just know he told us 100% of the FSC and we pay fuel. So far no check at all fuel or otherwise. I just can't believe I could be soooo stupid. I swear I am not usually such a stupid person. There are 4 teams that can vouch for the amount we are suppose to get.

 

[Yesteryear]

How often does one hear this - get a lawyer before you start in this business.

I KNOW somebody slap me PLEASSSSE? I really need it. We are looking at around 6500.00 right now unless a deposit shows up sometime next week. God I am sooooo STUPID!

 

[Yesteryear]

Ok, why make our situation public? First because I am soooo stupid and need to be made to feel like the total idiot that I am and second so that others can learn from my mistakes.

If I am online and read about someone getting royally hosed and I am fixing to jump in with a new truck owner I am going to be thinking . . . .hmmmmm I better check into this!

If I had been checking ES instead of spending all of my time playing FV and Mafia wars this would never have happened as I have since found other members of ES has posted about this truck owner. If I had been checking in regular like I should have been this never would have happened. See now my point?

lol course I would still be failing inspections heeheehee

 

[highway star]

You've talked to other teams that say THEY get 100% of FSC. Did the fleet owner tell you that you'd be getting that? If he says you only get part of it, that's it, doesn't matter what everyone else gets.

What's his defense for not paying? You should be getting more than just FSC, right?

 

[davekc]

May want to talk to these other teams and see what their situation is. That many violations should have been addressed by you. If the owner fails to correct them, You have a problem.
No excuse for junk equipment assuming this is a legit post. If a truck has violations/or soon to be, that should go to a reputable dealer and not driven until ALL the defects are addressed & corrected.

As far as not getting paid, that doesn't float either. Direct deposit has nothing to do with that.
If you have a J account, it can be loaded there. If that is too complicated for the simple mind, then just do a comcheck.
He could do that and pay you in the next few minutes.

No need to complicate the simple.

 

[Suds43]

1. Why in the world would you even stay in a truck that is that bad to fail 8......EIGHT inspections. Your the one driving the truck, no one else, your responsible.
2. How in the world did DOT not red flag this truck and allow it back on the road? As soon as the next imspection was done I'm sure the inspector put the truck #, company name, drivers name into the computer and ALL the previous violations would have been right in front of him.
3. What company would even keep a truck under contract that has failed 8........EIGHT inspections. You didn't mention the companies name and probably shouidn't, but I don't think I'd want to drive for a company that would allow a truck in that condition to be on the road.....
4. IF you didn't have a written contract signed by all parties involved your chance at a lawsuit is basically slim to none. Oh you can proceed with one but you'll be wasting your time
5. Other drivers that are with this same owner won't mean a hill of beans to a judge, it'll be just the same old "he said, she said, your word against the owners.
6. was it 5800 miles that you said you did? Doesn't mean a thing if you didn't get paid for it. Mights well be 10,000 miles!

Did you learn your lesson THIS TIME????

My grandparents always taught me...........someone gets you once, shame on them. they get you twice, shame on you!!!!

 

[ATeam]

Was driving for a great company but the company had us in a very bad truck in which I failed 8 DOT inspections (6 level 2 and 2 level 1 ) so we had to find another truck much as I loved the company we were driving for we could not continue to fail DOT inspections.

If it is true what you say about failing eight DOT inspections, the fault is yours and yours alone.

As others have mentioned, the driver is responsible for level 1 and level 2 items. That does not mean you must foot the bill to fix them but if you are a repeat offender by driving the truck with inspection items neglected or ignored, you have more to worry about than a fuel surcharge.

Every failed inspection is now on your record in the form of CSA points. Your record is everything and if you have a bad one, your career is in jeopardy and it will be years before the damage to your driving record can be undone by letting the CSA points time out.

Carriers and fleet owners now have the ability to quickly learn your CSA score. Once they do, the good ones will be in no hurry to bring you on board.

Even if you failed each inspection because only one item got noticed that was only two CSA points, that number gets tripled by the time multiplier. So say you got a two point violation. That becomes six points. Six points times eight failed inspections gives you 48 or more CSA points in less than a year?

That's bad.

 

[cheri1122]

Suds: if you'll reread the post, the truck with 8 failed inspections is the truck they 'had to get out of', not the current one.
But I'm wondering, Yesteryear: you said the deal was you pay fuel & get 100% FS - how does the owner explain the shortchange? And what does he say when you inquire about getting paid? I know I'd be asking every day, if money owed was overdue!

 

[cheri1122]

The guys are right, you know: failed inspections are your fault, and violations should be fixed - how did you rack up 8 of them?!

 

[Yesteryear]

I fixed every violation given. Here are some of the violations. Dallas Texas, Officer wrote me for 3 wires, 3 violations, said if you can see the wires when you walk up behind the truck it is a violation. He could see three wires, he gave me three violations. Also damaged bumper. Took truck had the bumper fixed and fixed the wiring so it could not be seen. laredo texas, right signal light went out. Was working when we left the FJ got pulled over for DOT just before the rest area and it wasn't working. Stopped at the New Braunfels TA, they looked at it and it was working said nothing wrong with it must of just been a fluke. Next day Kentucky DOT level 2 same signal light didn't work. Gave me two violations said if signal did not work neither did flasher. Stopped at next TA said it was a loose wire and they fixed it. Georgia DOT level 1 violation for no reflection tape on bottom of bumper. Was accross the top but officer said had to be on both top and bottom of bumper. Dallas Texas again, violation the fire extinguisher is secured to the floor next to the drivers seat in a holder where the top fits into a slot then there are two straps. one strap was broken was given a violation for it. I asked the Dot officer why I was getting all these inspections and violations and he replied, "to be honest the condition of your truck caught my eye when you went by. (that was the laredo officer. Get the drift? the truck was being targeted because it looked so bad. The truck had been wrecked on both sides of the front with the fiberglass busted. had been patched on the side where somethig had punctured the side and looked like it had been wrecked several times in the back. The bumper was off the foundation no bumper pads ect. We know this company the truck was with and know they are an awesome company so when we were told it was just temp and we would be given a new truck we believed it. We certainly never thought we would be in it 7 months later. We thought a couple weeks. Crap truck but at least they paid us.

Was just told that it is actually illegal for the owner to take part of the FSC if the driver pays the fuel.

 

[cheri1122]

Wow - what a lot of bad luck, in just one truck!
PS I wish it were illegal for owners [or carriers] to keep some of the FS, but it isn't, sigh. I'm guessing whomever told you so couldn't cite any law, right?
It was an expensive lesson, but the fact remains: failed inspections are officially your fault, so you need to CYA, refusing to budge till the truck is ready to pass any inspection, any time.

 

[cheri1122]

Maybe you could do what I did: take the truck behind the scale & ask for a Level 1. [First make sure they have the stickers, cos the irony is that they can find you've crossed every t & dotted every i, then tell you they haven't done that themselves, & have no stickers!]
I'd insist on testing until it passed, after what you've been through.

PS I passed my Level 1 [but I knew it would, and decided to do it on my schedule, not theirs, lol]

 

[ATeam]

I fixed every violation given. Here are some of the violations.

OK. You listed the violations. Earlier you said you wanted to learn your lesson (or words to that effect). Here's your homework assignment:

For each violation received, determine the CSA points that are now on your record. Then total them up and determine if you have a snowball's chance of getting hired by a CSA-aware carrier in the near future.

See this document for the CSA point chart. Scroll to page 36.