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Need Some Quick Advise
Question:
The Company wants hubby to drop the truck off tonight. He informed them many times that he would have the hours. Owner said he'd call it in as stollen. Now What Answer: Do exactly what they say. This is what I was referring to in a previous thread. He's headed for very big trouble if he doesn't return the equipment NOW. The company now considers it stolen. Screw "hours". Return that truck and load immediately. (you might want to have an attorney's phone number handy in case he gets arrested at the yard) Answer: If he does then he needs to get the truck in. If he doesn't how close to the yard can he get before he runs out. If it is within an hour or so I would personally go ahead and run in on in but if he is still going to be 4 or 5 hours out, or more, when he runs out of hours then I would pull into the first open scale house I come to and explain the problem to the scale master or stop and call the state police and explain the problem to them since they will be the ones who will have to "find" a "stolen" truck. Only two things I know of are infinite. The universe and human stupidity, and I am not real sure about the universe. Answer: She said, "...He informed them many times that he would have the hours..." That's either a typo -- he DOESN'T have hours -- or she actually means he DOES have hours, as stated. I think maybe, based on previous posts/threads, he DOES have hours, and she's saying he can't use that as an excuse for holding the truck anymore. I think she's concerned about pursuing this for some retribution, and wonders if holding on to the truck gives them some leverage. But I'm far from certain exactly what's going on here. Only thing's for sure - if they're threatning to report the truck stolen, it's gone way too far and he HAS to get the truck back now. They can't use the truck's return as a bargaining item, and he'll likely be arrested or face future civil/criminal trouble if he doesn't make every reasonable efort RIGHT NOW. It's over. Return the stuff immediately. Answer: I know Pal. I was thinking the same things thats why I kinda tried to cover both the bases there. I too have been following this "saga" as best I can and some things just dont make a whole lot of sense when you try to piece them all together. I all know is that any way you turn it you have a mess. The two things though that really made me wonder if it was a typo was why would he have to tell them many times he has the hours(to get truck to yard and then be threatened with a stolen truck report). I should think once would have been enough. Also in a post a couple days ago she said he wouldn't have any real hours to drive until today and I dont think she ever said how far away (from home or the terminal) he was when he shut down to get hours back. Only two things I know of are infinite. The universe and human stupidity, and I am not real sure about the universe. Answer: No No No Youv'e misunderstood! He doesn't want the truck or contents he wants to do what's right. But at the same time, he want's to protect his own butt. This is what happpened: 1. 2 days ago, the company wanted him to drive illegal. That's when he finally put his foot down and said no. 2. The open ended questions about the BOL and so forth were only questions. Someone told him to keep the BOL and he wanted to ask you guys. Like I said before, he doesn't want retaliation. 3. The disp. gave him a load to come home on. But left him with no details - he was to call the brooker himself. The last thing disp. said was to have the truck at terminal by Monday morn. first thing. 4. Problem - he was out of hours (and disp. was told) and the load was split. first del on Monday @7 am. 5. Now company wants the truck back in termenal by tonight or they were calling it in as stollen. He tried to reason with them about this and their calling him a lier. 6. So what does he do? I called DOT and she told me that although she can't advise, she'd go so far as to drive as many hours as possible, then part it in weigh station. 3. Answer: You used the word "split", so this sounds like Werner...? Look -- the MOMENT he's... NOT LOADED, NOT AVAILABLE FOR A LOAD and NOT ASSIGNED A LOAD ...he doesn't have to log anything at all. He can drive on "personal drive time". If he delivered a "stop", then "split" the remaining load (dropped the trailer) somewhere, he's just bobtailing now, right? If Werner, he should send a macr0 #53 requesting "personal drive time" and drive the truck back. If it's not Werner, the same principle should apply. And trust me....if he's being fired...they're NOT consdering him "available" for a load. Personal drive time is legal per HOS as long as he's not AVAILABLE, ASSIGNED or LOADED, since he's not performing actual work or driving in preparation for any possible assigned work. ----> I re-wrote this, read carefully. [This message was edited by Shuffler on March 01, 2003 at 14:58.] Answer: Tabikat why are you and your husband playing games. Quit with the excuses and give them back their truck. They don't want you working there and you don't want to work there so knock off the crap and end it. Real simple actually. Get another job, another career or another something. Just drop off the truck. "Life, Liberty and the Pursuit of all who threaten it" Answer: Look He is Not Nor Was He Ever Going To Keep The Truck! I have no idea whaere that came from. The company found him a load right after telling him to return the truck (ie your fired). At the time when they found the load, he was out of hours any good travel hours. So he basicly had to sid until this morning. Half of this load is to be delievered in Kewanee, Il at 7am Monday - the other half in Rice Lake, WI Monday before 9 pm. But at the same time, the truck is to be at termenal by this evening. Or the owner will report it stollen. Now, at this point, does he deliever loads and there for run illegal OR Run illegal to get truck dropped of OR When his hours are up, just leave truck there and call company. Answer: and get the truck, trailer and load into the yard ASAP. Since I assume that his company knows he is loaded and has still told him to turn the truck in now then they have taken all responsiblity of delivering load off of him. Just out of curiosity. Where did he start out from this morning? Did he pick up the load that you are talking about? Approx where is he at now? Where is the yard at he is suppose to turn the truck into? Only two things I know of are infinite. The universe and human stupidity, and I am not real sure about the universe. Answer: Cute! The reporting it stolen, I mean. If the owner gives the keys to the driver, it is almost impossible to charge the driver with theft. Before it can be done the owner must prove BEYOND A SHADOW OF A DOUBT that the driver intended to take the vehicle and NEVER return it. Otherwise, no comment. Answer: Well, you beat me to it Wuzzy. It's a total crock of BS to feel threatened the truck owner will report that truck as "stolen". He knows darn well he can't seriously do that, but he has you running scared because of it. I'm surprised all the truckstop lawyers didn't already catch that. Just take the load to where it's gotta go and take the truck into the yard. And make sure you have enough hours to do it. A logbook inspection can happen ANY time, (a cop or a scalehouse can ask to see it) and an OOS order is the last thing you need. If you say screw the load and just run the truck in, you will probably never drive a truck again. It's called "abandonment under a load", and it's a serious offense. Even if you figure you'll never drive again anyway, it's the right thing to do, and you won't lower yourself to the bottom-feeder level your employer seems to have set themselves at. He can whine all he wants about how you'll be driving a stolen truck, but with your husband being the one who was hired to drive the truck, there is absolutely no basis for any cop to go on. It's one of the oldest tricks in the book. The threat means zilch. Answer: He was told by the company to bring the truck into the yard and turn it in. Ok the company own that truck so they are within their rights to say where that truck goes or doesn't go regardless of if it is under a load or not. If he does not move the truck in the direction he was ordered to then yes they can report that truck as stollen. Probably all in all the best way to resolve the issue here though is for him to contact the company and tell them he is confused as to what he is suppose to do and wants his instructions in writing. They can then fax his "ORDERS" to him. That way if they try to come back on him for something he can produce those "written" instructions. From following the posts regarding this company they really do not seem to care what the rules are, what they can and can not do. After all they fired him for refusing to move the truck when he informed them he was out of hours. Only two things I know of are infinite. The universe and human stupidity, and I am not real sure about the universe. Answer: Owner DOES NOT want him to deliver load - only to deliever truck back to tereminal Today. Now What Answer: Then take a breath, MAKE SURE you can do it LEGALLY and take the truck in to the yard. Quit fretting over things you can't control. Whatever happened to make this situation get so out of hand is now done with and there don't appear to be any options left. Don't worry about the truck being reported "stolen". If that could be done so easily, the prisons would be full of ex-CRE and Swift drivers. Your responsibility is to now get that truck back and stay legal doing it. It's all you can do, so do it right...... Copyright ? 2006 - 2007 www.thankhealth.com Privacy Policy
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All Dialogue
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