The traitor driver
- Thread starter Mike99
- Start date
Oh Gawd!! LOL...
How many times has this discussion been had here?
How many times has this discussion been had here?
aileron
Expert Expediter
Yes, many times.
This is not even the issue. It is a panther rule that doesn't have anything to do with DOT and if you want to be leased on to them, you need to obey it.
As for me, I would never call in on another driver for this kind of thing. Now if you are driving with a safety issue, then I might. FWIW.
I should have quoted, I was speaking just of the "vans are a CMV" issue. When I was running my van I thought it was great when I got with a company that didn't require signs.
Not only a lot of EO members but the FMCSA also claims they are not CMVs. And there opinion is the one that counts.
aileron
Expert Expediter
But.....
if I own 'seppuku expediting' where 'we spill our guts for our customers', and you want to lease on with us and I require all vans to have the Japanese flag or anything else for that matter painted on the side, are you going to come and argue with me that FMCSA doesn't require you to have the flag on the van and they are the one that count? You either accept my terms or go lease on to someone else.
*no offense intended to any Japanese people. This was just an example.
But when Bubba pulls ya over and gives ya a ticket..whatcha goinna do....
greg334
Veteran Expediter
Its funny to see the van crowd getting their feather's ruffled.
Here is a problem for you all to solve;
You are under load but it is not a placard hazmat load, not even a hazmat load.
You get pulled over because FILL IN THE BLANK
There are NO DOT numbers on your van BUT it has a Qualcomm dome and you are wearing a FILL IN THE BLANK company hat and/or shirt.
The officer says "I need your proof of insurance, your license and your BOL and Waybill"
Do you ...
a - hand him the proof of insurance and license
b - hand him the proof of insurance and license and ask him what a BOL and waybill is
c - do you hand him everything he asks for
If your answer is a or b, and if he asked you to open the back of the van do you ...
d - refuse because it is none of his business what you have back there
e - comply
I know the answer to this but will not say.
After hours of discussion of this issue with both my lawyer, his cohort who is a trucker lawyer and a few state DOT officers, it is something that is clear to them that any driver has to do and it isn't shut up and plead the fifth.
Here is a problem for you all to solve;
You are under load but it is not a placard hazmat load, not even a hazmat load.
You get pulled over because FILL IN THE BLANK
There are NO DOT numbers on your van BUT it has a Qualcomm dome and you are wearing a FILL IN THE BLANK company hat and/or shirt.
The officer says "I need your proof of insurance, your license and your BOL and Waybill"
Do you ...
a - hand him the proof of insurance and license
b - hand him the proof of insurance and license and ask him what a BOL and waybill is
c - do you hand him everything he asks for
If your answer is a or b, and if he asked you to open the back of the van do you ...
d - refuse because it is none of his business what you have back there
e - comply
I know the answer to this but will not say.
After hours of discussion of this issue with both my lawyer, his cohort who is a trucker lawyer and a few state DOT officers, it is something that is clear to them that any driver has to do and it isn't shut up and plead the fifth.
You carry a spare tire and spare parts don't you? Why not carry a couple of spare decals (small ones) if your company requires you to have them on the truck? If they're going to make a big deal about it, they shouldn't mind giving you a couple extras at orientation.
We do haul hazmat, quite frequently, so we are required to have company decals and DOT numbers.
However, I have had vans with no decals or numbers show up for a transfer. I didnt turn them in, but I will ask for proof they are actually a Fed driver, company id, etc. I always ask dispatch who im meeting.
Way I see it, anybody with knowledge of expedite loads could show up and hang around til someone asks, "hey, you here for __________ load?
Dale
However, I have had vans with no decals or numbers show up for a transfer. I didnt turn them in, but I will ask for proof they are actually a Fed driver, company id, etc. I always ask dispatch who im meeting.
Way I see it, anybody with knowledge of expedite loads could show up and hang around til someone asks, "hey, you here for __________ load?
Dale
That's good thinking.
Almost as funny as watching the non-van crowd give stump speeches on why their opinion trumps the DOT's rules, regulations and definitions of, you know, stuff.
What yer wearing is irrelevant, as long as yer wearin' sumptin.
If you are under load, as the premise says, and since the interstate transportation of property for compensation is regulated by the Surface Transportation Board (a department of the DOT) under US Code CFR 49, then not only do you have to show your license and proof of insurance, but also the BOL, and they have the authority to inspect the cargo to make sure it matches what is on the BOL.
There are a few exceptions to this, but no one leased to an expedite carrier will ever see them.
Since a waybill is not a document of title (a BOL is), waybills are not regulated under the DOT under US Code unless the waybill is also the BOL. Most waybills are done electronically (a Digital Waybill or an E-Waybill) in-house (also called a House Bill) and is transmitted electronically to the shipper, consignee or customer. You do need either a BOL or a waybill, but not both, and if you only have a waybill, it must show ownership of the freight and the shipping charges (which is why we don't see many of them hehe). So it is unlikely that a DOT officer would ask for both a BOL and a waybill. An Air Waybill is something different, but can act as a BOL when you are picking up at air cargo.
But while the Bills of Lading are regulated by the DOT under US Code, the FMCSA Rules and Regulations still only apply to CMV's, and thus do not apply and cannot be enforced during such a stop. Sorry.
If you are not laden, numbers on the side of the van or not, they have the right to see your license and insurance, and nothing else, unless they have probable cause or a warrant to look inside the vehicle beyond that of looking through the windows.
What if the offending Vehicle is just dirty. Can you get a Continental breakfast by turning the offender in?.
RLENT
Veteran Expediter
...... non-comprehension of the written word and functional illiteracy ... it's a beautiful thing ...
I thought the post stared with a driver called a traitor towards another driver. I don't know how this got into the regs. of companys!! I think this post is the lack of respect one driver has for the rest of there fellow drivers and as far as a company putting something like this out there they need to rethink there ideals as for as pitting drive agianst drive like this. I don't know I my work for this company but I would never put a fellow driver out of biss. for any amount of time for something this petty of a reason. I'm not talking about fleet owners this doesn't hurt them it's the o/o or driver that loses!!!!!!!!
RICH & IDA PARKER
PANTHER DRIVER 06/08/09
A FEW MORE MORALS WOULD BE NICE OUT HERE!!!!!
RICH & IDA PARKER
PANTHER DRIVER 06/08/09
A FEW MORE MORALS WOULD BE NICE OUT HERE!!!!!