Trucking Regulations: Fighting a losing battle.

dsteen

Member
Hey guys,

new to this group, wish i looked here sooner. I drove a CMV for over 20 years, currently working in a dispatching capacity due to my child's disability and having to remain close to home... Currently i am in the process of fighting with our new Safety Director over DOT issues and requirements vs company policies, and hoping someone can clarify a few things for me. Please note that none of our shipments are over sized loads or overweight. We haul steel or building materials as back hauls.

Our fleet consists of approx 77 drivers, 19 of whom are company drivers, the remaining drivers are O/O. All company vehicles are registered in NJ, while O/O are registered with their domicile state. We have 4 terminals. NJ, TX, GA and IN.

So in the past few weeks i was told that i can no longer discuss HOS with drivers as i am giving them incorrect information, and i am also doing the same thing with equipment. That the info i am providing them is wrong. So please see below and let me know what you think?


1) A Company owned vehicle, that is registered in NJ, but domiciled in TX. Has registration for all states including Canadian provinces. Brought to NY to deliver a load of steel. Outside of NY HUT, what other "special permits" are required to bring a load to NY"?

2) In the same question as number one, Same vehicle, when coming into NJ (passing thru to get to NY) has to be re-inspected for emissions even if has passed in domiciled state? This vehicle is registered in NJ for all states including Canadian Provinces. Does this truck need to be re inspected for emissions?

3) A local company driver operating in the NYC area. Starts at is home terminal and ends at his home terminal each day, never goes over 100 miles. Safety is claiming the 16 hr rule does not apply to these drivers, And the rule only applies to obscure circumstances like a freak weather front that was unknown prior to leaving, or a truck exploding in front of him while traveling, unlike getting stuck on a job site delivery for 10 hrs, or sitting in hours of NY traffic. Please note i know he is only allowed to drive 11 hrs per day, but once per week he can use the 16 hr rule for instances like getting stuck in traffic or getting stuck on jobsite. All drivers take a 10 hr break at the end of their day. And if the 16 hr rule is used, normally on Friday, the driver will have had a 34 hr reset prior to starting work again. I know he could use it twice if he takes a 34 hr reset in between 16 hr days, and never driving over 11 hrs.

4) Driver's are not allowed to adjust brakes under any circumstance, this applies to our O/O. I know to repair or replace brake systems must be certified, but safety claiming adjusting brakes also must be completed by DOT certified mechanic. I find this to be untrue, as i was an O/O and have had to adjust brakes while DOT inspection was taking place to avoid a violation.

5) As a safety director, does he have the authority to put an outside carrier (running under own DOT authority, equipment, insurance, etc) out of service? I know as a company policy we can refuse to load his truck due to violations we believe or see, however we cannot legally put him out of service for any violations he may have. Since the director of safety, nor is anyone employed certified by the state to provide a DOT Inspection.

thank you in advance... Please let me know if you need clarification on any of these subjects.
 
Hey guys,

new to this group, wish i looked here sooner. I drove a CMV for over 20 years, currently working in a dispatching capacity due to my child's disability and having to remain close to home... Currently i am in the process of fighting with our new Safety Director over DOT issues and requirements vs company policies, and hoping someone can clarify a few things for me. Please note that none of our shipments are over sized loads or overweight. We haul steel or building materials as back hauls.

Our fleet consists of approx 77 drivers, 19 of whom are company drivers, the remaining drivers are O/O. All company vehicles are registered in NJ, while O/O are registered with their domicile state. We have 4 terminals. NJ, TX, GA and IN.

So in the past few weeks i was told that i can no longer discuss HOS with drivers as i am giving them incorrect information, and i am also doing the same thing with equipment. That the info i am providing them is wrong. So please see below and let me know what you think?


1) A Company owned vehicle, that is registered in NJ, but domiciled in TX. Has registration for all states including Canadian provinces. Brought to NY to deliver a load of steel. Outside of NY HUT, what other "special permits" are required to bring a load to NY"?

2) In the same question as number one, Same vehicle, when coming into NJ (passing thru to get to NY) has to be re-inspected for emissions even if has passed in domiciled state? This vehicle is registered in NJ for all states including Canadian Provinces. Does this truck need to be re inspected for emissions?

3) A local company driver operating in the NYC area. Starts at is home terminal and ends at his home terminal each day, never goes over 100 miles. Safety is claiming the 16 hr rule does not apply to these drivers, And the rule only applies to obscure circumstances like a freak weather front that was unknown prior to leaving, or a truck exploding in front of him while traveling, unlike getting stuck on a job site delivery for 10 hrs, or sitting in hours of NY traffic. Please note i know he is only allowed to drive 11 hrs per day, but once per week he can use the 16 hr rule for instances like getting stuck in traffic or getting stuck on jobsite. All drivers take a 10 hr break at the end of their day. And if the 16 hr rule is used, normally on Friday, the driver will have had a 34 hr reset prior to starting work again. I know he could use it twice if he takes a 34 hr reset in between 16 hr days, and never driving over 11 hrs.

4) Driver's are not allowed to adjust brakes under any circumstance, this applies to our O/O. I know to repair or replace brake systems must be certified, but safety claiming adjusting brakes also must be completed by DOT certified mechanic. I find this to be untrue, as i was an O/O and have had to adjust brakes while DOT inspection was taking place to avoid a violation.

5) As a safety director, does he have the authority to put an outside carrier (running under own DOT authority, equipment, insurance, etc) out of service? I know as a company policy we can refuse to load his truck due to violations we believe or see, however we cannot legally put him out of service for any violations he may have. Since the director of safety, nor is anyone employed certified by the state to provide a DOT Inspection.

thank you in advance... Please let me know if you need clarification on any of these subjects.

If this new Safety Director is your new boss? Because if that person has authority over your position, I would tread very carefully. It was probably the drivers that got you in hot water in the first place. I would lay low and hopefully it all blows over. Good Luck. :thumbsup:
 
If this new Safety Director is your new boss? Because if that person has authority over your position, I would tread very carefully. It was probably the drivers that got you in hot water in the first place. I would lay low and hopefully it all blows over. Good Luck. :thumbsup:

No this person is not my boss. Currently we are without a manager. So there is this person that works here has watched Goodfellas one too many times, and he does not like the fact that i will question things regarding my drivers. So he makes up DOT regulations that i have never heard of and bring it to upper mgmt (different division within the company). Anyways this person is training the new safety director, and called me out on the 16 hr rule, which i provided the rule to HR. Also on equipment, saying that i let a driver from another terminal go into NY without a NY HUT sticker... Which he was absolutly correct, i should of had him take one of the NJ trucks to deliver this load, but it was an oversight on my part that day, because he is correct on that part. You do need a NY HUT sticker to operate in NY... However he also claimed that i need special permits to run in NY, as well as a few other questionable things....

And it was not the drivers that brought this up, it was actually someone in Accounting that brought it up while working on IFTA, as this specific truck did not have authority to operate in NY.

Also, even though i was told the 16 hr rule does not apply to our local company drivers (this was what kicked all of these new regulations up, which i was not wrong about NY HUT, i just simply forgot to have driver switch to a NJ based truck), their plan is to implement it with new ELD's they are looking at since our hardware is quite old, from the beginning of CSA2010. But the new safety director told my most senior driver while sitting next to me about the addition of the 16 hr rule being an added option.
 
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No this person is not my boss. Currently we are without a manager. So there is this person that works here has watched Goodfellas one too many times, and he does not like the fact that i will question things regarding my drivers. So he makes up DOT regulations that i have never heard of and bring it to upper mgmt (different division within the company). Anyways this person is training the new safety director, and called me out on the 16 hr rule, which i provided the rule to HR. Also on equipment, saying that i let a driver from another terminal go into NY without a NY HUT sticker... Which he was absolutly correct, i should of had him take one of the NJ trucks to deliver this load, but it was an oversight on my part that day, because he is correct on that part. You do need a NY HUT sticker to operate in NY... However he also claimed that i need special permits to run in NY, as well as a few other questionable things....

And it was not the drivers that brought this up, it was actually someone in Accounting that brought it up while working on IFTA, as this specific truck did not have authority to operate in NY.

I understand. Watch out for that guy then. I can imagine how things will get when a new manager walks in and that guy is over his shoulder feeding him garbage. I hate those type of co workers.:paddle:
 
I understand. Watch out for that guy then. I can imagine how things will get when a new manager walks in and that guy is over his shoulder feeding him garbage. I hate those type of co workers.:paddle:


Me too, this other guy has tried to get me terminated for the past year and a half... Im not really concerned about the job anymore, but im not going to allow some narcissistic sociopath dictate made up DOT Regulations to me. If i am wrong, i can admit it... This post was more to satisfy my ego...lol

But if training the new safety director this way, i can only imagine once a new manager comes in, i will be terminated anyway.. Lots of places out there can use someone with my experience...
 
Next time, tell him to show you the regulation he's citing. It's that simple.

Make him do it in front of your superiors too.

He'll have to back down if he's got nothing to show.

And you do the same. Have the documentation handy for your own case.

Be overly nice though. Don't be a dick, otherwise it makes you look combative and suddenly you're always the bad guy.

Unless none of them see reason. Then you can be a dick. Just watch your back.
 
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Me too, this other guy has tried to get me terminated for the past year and a half... Im not really concerned about the job anymore, but im not going to allow some narcissistic sociopath dictate made up DOT Regulations to me. If i am wrong, i can admit it... This post was more to satisfy my ego...lol

But if training the new safety director this way, i can only imagine once a new manager comes in, i will be terminated anyway.. Lots of places out there can use someone with my experience...

I've dealt with many people like that and it was all in the army. But nothing like a little spooky retribution stunt should fix your ego and damage his as well.
 
Next time, tell him to show you the regulation he's citing. It's that simple.

Make him do it in front of your superiors too.

He'll have to back down if he's got nothing to show.

And you do the same. Have the documentation handy for your own case.

Be overly nice though. Don't be a dick, otherwise it makes you look combative and suddenly you're always the bad guy.

Unless none of them see reason. Then you can be a dick. Just watch your back.

Thanks, and None of them see a reason for this... They also terminated our last manager due to the guy im referring too, and not the new safety director, he BS'ed his way into the job, and is being trained by an equal idiot... Honestly, the guy didnt know how to access any of the systems we use, but claims he has 20+ years experience... I just sat here on Friday listening to the new safety director tell a driver to forge his login time on paper logs because the driver failed to log out the previous day. When in fact all he had to do was write a note on the ELD explaining the situation and we/him would have been covered.. But he told a driver to change his login time to 1am, when he in fact started at 12:20am. Also, the saftey guy doesnt know how to change logs using the admin tools...

I also handed him the 16 hr rule when i was questioned, and also handed the reference for brake adjustments, both to HR and to the new safety director.
 
Me too, this other guy has tried to get me terminated for the past year and a half... Im not really concerned about the job anymore, but im not going to allow some narcissistic sociopath dictate made up DOT Regulations to me. If i am wrong, i can admit it... This post was more to satisfy my ego...lol

But if training the new safety director this way, i can only imagine once a new manager comes in, i will be terminated anyway.. Lots of places out there can use someone with my experience...
get back on the road, local
 
the first driving job I had sucked.The boss hired a safety manager.He would follow trucks and look for speeders,lights not working etc
what a jerk
never drove a truck a day in his life on top of it
His name was Bob,we called him biscuit Bob
 
I would. Avoid the drama. Or work somewhere else before getting terminated is best. Nothing to be ashamed of. :grandpa:


I've already started looking for work elsewhere, but tough to find the right hours and an employer that wont give me grief over my son's disabilities.. For example, my son was taken to hospital today, and i left my job to be there for him.. I wont get fired from here for that... But i am actively looking.
 
the first driving job I had sucked.The boss hired a safety manager.He would follow trucks and look for speeders,lights not working etc
what a jerk
never drove a truck a day in his life on top of it
His name was Bob,we called him biscuit Bob


Yeah, this guy worked for New Penn as a safety coordinator, so they have a play book they follow, this guy is trying to create something from nothing, and not using the proper resources to do it. Because he has never set up SOP's before... But i knew a guy that did the same thing for waste mgmt... He followed guys around writing them up....
 
I've already started looking for work elsewhere, but tough to find the right hours and an employer that wont give me grief over my son's disabilities.. For example, my son was taken to hospital today, and i left my job to be there for him.. I wont get fired from here for that... But i am actively looking.

Im sure you'll have no problem looking for another job. Sorry about your son. Hope all is well with him.

Just a thought. Look into the caregiver assistance program through medicaid and medicare. They pay a family member (such as yourself) to care for another family family. Its a method for providing financial assistance to the caregiver and its pretty simple if all paperwork is in place. Check it out. Recently they have been beefing up this program to give more benefits too.
 
Im sure you'll have no problem looking for another job. Sorry about your son. Hope all is well with him.

Just a thought. Look into the caregiver assistance program through medicaid and medicare. They pay a family member (such as yourself) to care for another family family. Its a method for providing financial assistance to the caregiver and its pretty simple if all paperwork is in place. Check it out. Recently they have been beefing up this program to give more benefits too.


Thanks Bud, still waiting to hear from my ex who is at the hospital with my son today

Im aware of the program... He currently resides 2 towns over (about 5 miles from me) with his mother. We are no longer together. But in NJ, its very tough to get on that program especially with the high cost of living here... I know my ex did look into it, but decided against it, since it would not cover her cost of living. She also has a mortgage, and the state would not reimburse her for that cost. She would basically need to be homeless and living in a hotel in order to get that type of assistance. Her father is paid by the school district to transport our son to/from school.

And my boys, i have 2 of them are with me every weekend during the year except for 2 weekends in which i go camping with a buddy. And since they are so close, they come and go all week long.

But thanks for the heads up buddy
 

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