What if a driver is temporarily unfit to drive?

AMonger · Dec 5, 2014

Let's say a driver (commercial) says he feels sorry for the next person who crosses him and everyone around him feels that he's about to erupt all over someone. He's really unfit to drive because he's either going to have some sort of conniption fit behind the wheel or punch somebody out. Everyone really feels this guy needs to go home and take a couple days off to cool off, but workload doesn't permit it and the company requires him to work overtime.

Isn't there some sort of FMCSA reg that prohibits the employer from putting him behind the wheel? Is there any protocol for determining if he's unfit? Can any action be taken against either that driver or those who insist the company send this guy home?

I'm sure I saw this in the FMCSA regs but now I can't out my finger on it.

skyraider · Dec 5, 2014

"There's only one basic human right: the right to do as you d*** well please. And with it comes the only basic duty: the duty to take the consequences." -- P.J. O'Rourke

There is your answer.

AMonger · Dec 5, 2014

skyraider said:
"There's only one basic human right: the right to do as you d*** well please. And with it comes the only basic duty: the duty to take the consequences." -- P.J. O'Rourke

There is your answer.

Ummmm, no, not really applicable. We're talking about something statutory here, something that does, indeed, exist as a concrete matter of law, whether it should or not. My question is, what does it say?

Turtle · Dec 5, 2014

What you've described is something out of Minority Report, Future Crimes Unit.

AMonger · Dec 5, 2014

Turtle said:
What you've described is something out of Minority Report, Future Crimes Unit.

Not really. It's actually in the FMCSA. Not the part about others reporting him, but the part about unfit to drive for any reason, including emotional upset. There's something in there about no carrier permitting any driver to drive while he's unfit for any such reason and something in there about carriers being prohibited from retaliating against a driver who refuse to drive because they realize they're temporarily unfit. Maybe his wife just left him or there was a death in the family or whatever and he can't keep his mind on the road.

As for the rest, in today's litigious society, how many times have you heard the "should have known" reasoning? If co-workers can see he's temporarily unfit and he has an accident and kills people, I'm sure you can imagine a sheister coming in to talk to co-workers about his state of mind...

"Yeah, he said something about nobody better look at him cross-ways..."

"He had an argument with the dispatcher, screaming and everything, said he was going to kill him one of these days, went out slamming the door..."

Known or should have known, now somebody who was poor is rich and vice versa.

But the main part of the question is the first part, the driver who's temporarily unfit for whatever reason, and the protections afforded him if he realizes it and won't drive.

CharlesD · Dec 5, 2014

We have a driver who's been known to yell at a dispatcher from time to time, but he always delivers on time and we never have issues when he's on the load. There are just some slightly crazy drivers out there.

Turtle · Dec 5, 2014

AMonger said:
Not really. It's actually in the FMCSA. Not the part about others reporting him, but the part about unfit to drive for any reason, including emotional upset.

...

But the main part of the question is the first part, the driver who's temporarily unfit for whatever reason, and the protections afforded him if he realizes it and won't drive.

Well, the regs state that a carrier cannot knowingly allow a driver who is not physically qualified to drive a CMV, which also covers impairment of any kind, be it physical, mental, drugs or alcohol, temporary or permanent. Among many things, many things, a driver is not qualified to drive if he has a "mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely."

Normally, that's a decision for a medical examiner to make, rather than how those around him "feel" about it. You don't want a situation where a bunch of people getting together and because they don't like, we'll call him Dave, saying that Dave is mentally unstable thereby preventing him from working. However, if the driver himself states that he can't drive in a safe manner, that's really the end of the discussion. The carrier would be crazy to force him to drive at that point, especially if his words are in writing or on a recorded conversation.

BillChaffey · Dec 5, 2014

When I spoke my mind to Dispatch for not telling me my destination would be closed for 36 hours when I delivered. I was fired.

cheri1122 · Dec 6, 2014

Drivers cannot legally be penalized for declaring themselves unfit to drive, or the weather conditions unsafe, either.
They can certainly be dispatched 'with prejudice' [AKA fired] if they play that card too many times, because neither should occur very often.
And whatever their feelings, no one is qualified to decide a driver is "going to have a conniption" [whatever that is], or "punch someone out", except someone trained to evaluate mental health.

RoadHouse · Dec 7, 2014

BillChaffey said:
When I spoke my mind to Dispatch for not telling me my destination would be closed for 36 hours when I delivered. I was fired.

Dude, you're quite possibly the only driver to ever be fired from Bolt Express...You're wearing the badge of honor...lol!

pearlpro · Dec 10, 2014

Road Rage, and Stress, and Family issues and Traffic and listening to Talk Radio or RUSH, and all the things that build up on most people, but typically most can stop, gather there thoughts and move on....Ive seen some pretty crazed fellas in parking lots ranting and screaming at somone on the phone, then get in the rig and gear jam outta the parking lot, etc....Ive seen guys fist fighting, throw phones, Kick people out of offices, break stuff.....only that driver knows if hes capable of operating safely, Unless your in a weigh station or Drs Office and they determine your acting erratically....unsafe....

I cant see you calling Dispatch every couple weeks saying I JUST CANT TAKE IT ANYMORE...Im in Atlanta and some crazy just ran me off the road....aaaarrgggggg......Id think most companys would say you dont have the mentality it takes for the job. Everybody gets stressed out in this biz, Unless you really love it, and even then some days can be pretty long....

But using the mental excuse can also lead to your Boss calling the State Police and saying Hes come Unscrewed and needed mental observation, you wind up in a state hospital looking out the barred windows.....so maybe that excuse is best left to the real loonies....If they truly are mentally unstable, Threatning , danger to the equipment load and company, etc then you need to get them Home, or placed under a Drs Care....with the Dont call us well call you....