Question:
Once again I have seen in a number of posts over the last few weeks things to the indication of "My dispatcher made me run illegal", "My company made me haul the trailer with no working lights 300 miles to get it fixed". So on and so forth.
The bottom line here people is this. Unless your dispatcher holds a gun to your head or to the head of someone you love there is no way they can make you do anything. They can, and often do, plead, beg, whine, attempt to lay a guilt trip, make it seem you are the only person who can get it done, threaten you, and yes even fire you, but they can not make you.
As the driver of that rig you have the sole responsibility to operate yourself and your equipment in a safe and legal manner at all times. If someone tells you to do otherwise they are in violation of the law. (The only real exception is a law enforcement officer in an emergency situation)
Remember that at the end of the day the only person who is going to protect you and your lisence is you. Also at the end of the day only you are truly held accountable for what you did or did not do.
I will always be a mutter trucker at heart.
Answer:
I once had a dispatcher place me (not truck) out of service because I would not budge on the require 8 hour off duty rule. My dispatcher said "Okay, you can have the day off with no pay."
Told him fine by me.
The following day after my so-called suspension my dispatcher asked me if I enjoyed my day off.
I told sure did, and I could use another day off because I went to the casino made $500.00 gambling.
That was last time he gave me a day off for abiding to DOT regs. This truely the advantage
of being a local driver.

Answer:
I haven't seen any post where someone states their dispatcher made them do something like the above. But it is a fact they certainly can and will push you to work beyond your means. It happens all the time and the pressure they put on you may be tough to say no to. Specially when your new. Try it any way. Saying no can make you feel real good and keep you safe.
Just dont say no because you want to play the one armed bandits or watch a movie in the TS.
"There is just something about fresh winter snow and a river. The day is bright even if it is cloudy, the water is friendly even if it is cold and the fish are there even if they are not biting."

Answer:
I remember one time my husband telling me when he first started driving with his trainer that the guy wanted him to go faster in a set of curves than my husband was willing to go. The trainer went so far as to tell him it wouldn't matter because he would pay any fine that my husband got. My husband looked him straight in the eye and said that's fine but it's still my license it goes against and that's not going to happen.
------------------------------------------------------------ That endless black ribbon means lonesome. In the heart of a truck drivers wife. Oh, that endless black ribbon means lonesome. But you can't change a truck drivers life. (can't remember who sings it.)
Answer:
After dispatch tells you to "run with it" by phone, then get on the qualcomm (if you have it), and send a msg.... John,per your phone instructions, I am to run blah blah blah. Is this correct?
CYA....
www.timebomb2000.com

Answer:
uturn2001 said:The bottom line here people is this. Unless your dispatcher holds a gun to your head or to the head of someone you love there is no way they can make you do anything.
Opie says: Well said uturn2001. The employee protection provisions of the Surface Transportation Assistance Act provides that no employer may discipline or discharge an employee (which includes owner-operators) where the employee refuses to drive a commercial vehicle in violation of the law, or because the driver refuses to drive when he has a reasonable apprehension of serious injury to himself or members of the public because of the vehicle's unsafe condition.
There are several important points that I wish to make to those who have the guts to stand up to dispatchers who ask them to perform illegal and/or unsafe acts:
1. If you are refusing to drive in violation of a Federal Motor Carrier Safety Regulation, make sure you are right. The law does not protect a refusal to drive based on a good faith believe that a violation would occur. You must be able to prove that an actual violation of a regulation or law would have occurred if you had driven.
2. Make sure you are very explicit with the reasons for your refusal to drive. Tell the dispatcher "If I take this dispatch, I will have to violate the hours of service regulations because I have already driven 9 hours today." Or something like that.
3. Keep documentation. Retain your logbooks (and don't falsify them). Retain fuel slips, toll tickets, bills of lading, etc., and anything else that can help you prove a violation. If the safety of equipment is at stake, get yourself a cheap camera and take a photograph of the defective part or accessory.
4. If necessary, call commercial vehicle enforcement and have the equipment inspected if an equipment defect is at issue. Get the officer's name and badge number.
5. Send Qualcomm's or other communications stating your reasons for refusing a dispatch.
6. Give the motor carrier options. For example, if the issue is a bald tire, tell the dispatcher "Joe, the right outside tire on my steers is bald. I can't drive the truck in the condition it is in because it is not safe and because it violates DOT Regulations. If the tire is fixed, I'll take the dispatch."
If the issue is hours of service, say something like this to the dispatcher: "Tom, I know the delivery schedule is set for 9:00 a.m. tommorrow. I can't make it there by then because I would have to violate hours of service regulations. Can you reschedule the appointment to a later time?" If the dispatcher continues to press you to violate regulations, then say to him "You do not want me to violate the hours of service regulations, do you?"
uturn2001 said:As the driver of that rig you have the sole responsibility to operate yourself and your equipment in a safe and legal manner at all times.
Opie says: Not exactly. The motor carrier is part of the decision making process also. For example, if a driver thinks it is safe to drive and the dispatcher believes it is not, then the dispatcher gets to make the call. Compliance with the Federal Motor Carrier Safety Regulations is a joint decision. However, the motor carrier cannot legally require a driver to break the law or drive unsafe equipment.
uturn2001 said:If someone tells you to do otherwise they are in violation of the law. (The only real exception is a law enforcement officer in an emergency situation)
Opie says: Yep.
NOTHING IN THIS POST SHALL BE CONSTRUED AS CREATING AN ATTORNEY CLIENT RELATIONSHIP.

Answer:
Thank you for lending a legal interpretation to this topic.
I just want to clarify one point here. When I say that the driver has the sole responisbiity to operate in a safe and legal mannr at all times what I mean is that the driver does not have any other real responsiblities, not that they were only person who can say "Hey thats not safe".
I will always be a mutter trucker at heart.
Answer:
Say NO!!! If you can't move it legally, then I tell them to figure on a relay. And tell them why. Never have a problem. They are watching my hours in the computer and know what I am capable of doing.
Better to have it and not need it as need it and not have it!Just remember:If the world did'nt suck, you'd fall off!
The more I see and read about Republicans and Democrats, the more I wish we had an Independent Party.
IMPEACH BUSH!!!!!!!!!!

Answer:
i would like to add one more thing when you so no to your dispather be perpared to have a couple short runnes as a punishment.like every one else has said the driver has the finale say so and do not let the log book say when to take a brake.remenber it is your license, your money and above all your life
YOU CAN SLEEP AFTER YOU DELIVER THE LOAD

Answer:
Remember when you were a youngster, and you'd play 'Musical Chairs' - the music would play, then suddenly stop, everyone would dive for a chair, and the one left standing was 'out'?
Or, do you remember in the old "Mission: Impossible" TV series, when Mr. Phelps would be getting his assignment, and the tape would say "...the Secretary will disavow any knowledge of your actions."
Get caught running illegal, and see how fast everyone but you gets a chair - how quickly everyone seems to "forget" what they told you to do.
So, how do you avoid the illegal loads, without dispatch making your life miserable as punishment?
Next time they tell you that there's a hot load, and "We really need you to cover it", and "You're the only truck in the area", and "It's gotta go", and "We'll get you a really good run when you empty out", yada-yada-yada... just tell 'em you'd like 1.5 times the normal rate for doing this - a little "overtime pay"! Kinda "sweeten the pot!"
You're making .34/mile - tell 'em you'll do it for .51/mile. Why take all the risk for regular pay?
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This space for rent. Call George @ 202-456-1414 for details.

Answer:
Your logbook tells you when you MUST stop and when you MAY resume driving but your body ought to tell you when to sleep.