First, Hello my name is Brendan. I've been registered here for a while now, but have always just browsed and read or searched what was already on the board.
This is a long post, so Thank You if you read it and respond.

I'm having a dilemma with my employer, (name not needed).
Please excuse the many questions.

1. Motor carriers are under the direction of the DOT, right?

2. If yes, does that make a carrier an entity of the federal government?

3. If yes, that means all laws and rules that apply to any government agency must still be followed by said carriers, right?

If my questions seem vague or stupid, I apologize.

A little insight....

I have been with this carrier for a little over 9 months and have accumulated about 89-90,000 miles. (without any type of performance bonus, is that the norm or do most carriers reward for performance and safety?)

When I was hired, my MVR had 4 records.
1 Speeding 10/03
2 Speeding 8/04
3 Illegal Lane Change 6/05
4 Illegal Lane Change 6/05

The 4th record was a mistake on the part of the court and DMV, (court submitted paperwork twice).
Employer took note of this and spoke with DMV about the mistake and I was hired without any more hassle.
***Take note that the first record is over the 36 month time frame***

Fast forward to the present....I received a speeding ticket in May right outside of Knoxville, Tn. Trooper got me coming down a hill on I-40 (70 in 55)
I called the court and spoke with the DA and asked how to go about getting the ticket dismissed as my job would be terminated if the conviction wound up on my record. DA said the only way to do it would be to come to court, acknowledge the ticket before the judge and agree to pay the fine and the ticket would be either reduced to non moving or dismissed all together.
Informed fleet manager of the ticket and the conversation. His reply "how'd you get a speeding ticket, damn truck only does 62" He goes on to say, that if I have it taken care of not to worry about it.

A few weeks ago one morning as I got up and started my day I receive a message saying to inbound the load I have and wait for a fax about my MVR. Safety says I'm disqualified because of the last infraction.
Spent the whole day trading faxes back and forth and in the end after yet another call to the DMV of my state, everything was said to be "OK"

Now today I receive yet another message that I am disqualified because of the same ticket. I say "this is the same conversation we just had a few weeks ago"
As of right now, I picked up a load in N.C. going to TX, but I'm being routed to my home state to inbound the load. No other messages as of yet to say what my status is or what they are wanting me to do. I wasn't supposed to go home until the 4th of July. I've been out since May 28. They never even told me my home time was changed and evidently it has been since last week.

Here's where my questions come in....and I've posed them to my fleet manager and the safety guy.

1. How can I be punished for something that as of today there is no record of? At least on my MVR. No conviction. Safety guy says "In the eyes of (blank) you are guilty by association" Basically saying they don't give a damn what happens, in the end I'm guilty in there eyes no matter what.

2. Going back to an above question....If carrier is under DOT rule....They are indeed violating my rights as a citizen to receive Due Process in a court of law before making any decisions regarding my employment, right?

3. If they terminate me, which I think they will....Is this a case of wrongful termination?

4. I live in an "At Will Employment" state, if the carrier is registered in another state can they still use that rule regarding my status with the company?

 

Yes, they must follow the laws as directed by DOT.

No. They just follow the laws just like airlines follows the rules set forth by the FAA.

I'm surprised you were even hired.

Enough said. You got caught speeding going 15 over. With your past driving record I would be surprised if the judge let you pass on this.

He's right. While it may not be on your MVR, your past record in addition to your latest ticket gives them every right to let you go. They probably see you as a risk they can no longer afford.

No. They are not a government agency and do not have to provide you a "due process."

I highly doubt it. Unless you are protected by some union or other type of legal binding agreement. They are a private employer and can do whatever they want.

Usually they will go by the laws of the state you live in. Private employers can do pretty much anything they want. The at will versus right to work laws are rarely enforced or followed.

 

... what Greg said ...

 

Yep. I think he covered it well.

 

I know many companies, due in no small part to rising insurance costs as well as new FMCSA regs, are going to a zero or near zero tolerance policy when it comes to drivers getting a major citation, and 15 over is a major citation. 2 of those in one year gets you an automatic 6 month vacation from driving anything with a motor once you become a CDL holder.

Face facts. Your MVR indicates that you have an issue with speed control. This company gave you a chance and you blew it by getting another ticket for speeding, and a big ticket at that.

As far as your other questions go:

They were answered well by the first person who replied.

 

Ahhh.. the old "driving a truck is my right" ploy..... :roll: Try back in about 5 years.. of course then you'll have to go through some training (you obviously need some anyway) and then possibly you'll appreciate the opportunity and the privelidge of driving professionally... But I doubt it. You BOUGHT everyone of these tickets and were skating on thin ice to even BE hired. Yuo were given a chance and you whizzed it away. Welcome to the outcome of your own poor choices.

 

First of all, Fozzy I didn't ask for you to patronize me.
I didn't say anything about driving being my "right"
I said I have a "right" to receive due process. Get it right.

Since I started driving, approximately 3 years, I received one ticket. Now all of a sudden I need training? Where do you draw that conclusion, mighty one?

The prerequisites to this job were to not have any more than 3 moving violations within a 36 month period.
At time of hire I qualified, because the first violation ON RECORD was not within this time frame.
At the present, the second violation is about to fall off in August. And the current violation won't make it to the record.

 

ALL of those are MAJOR moving violations. I agree with the posts, Im surprised your carrier even hired you to begin with. Your carrier is aware of the 15 over the speed limit, even if its dismissed.
I would suggest you call one of the drivers legal services, and get a suggestion from them. If they can help you clear this last citation it will probably cost you some good dollars. Then sign up for their continued services. If you get anymore citations it wont cost you as much.

I belong to a drivers legal service plan, a few years ago NY state trooper cited me for an unsafe lane change as I was approaching a toll plaza, a four wheeler came from two lanes over and side swiped my truck. I was cited, I took lots of pictures, advised my safety at my company. sent all my "evidence" and written statement to safety and lawyers, lawyers went to court for me, case was dismissed.

 

Well consider in Gratis then.. You're welcome!

Nooo… you don’t think that driving is your “right”, that’s why you are jumping through all of these hoops trying to make your pathetic record someone else’s fault and or engineering this into some sort of discrimination suit.. to be discriminated against your RIGHTS have to be violated.

Try and follow the conversation a little closer. IF you are charged with a reckless driving charge in this excessive speed ticket that you volunteered for, your CDL will be for all practical purposes (and thankfully so) worthless except for the extreme bottom feeding companies. To work for a decent company, you’ll have to wait a few YEARS before your license gets cleared of this reckless driving ticket, you’ll be flipping burgers or working at the quickie-mart selling beer, snuff and smokes to other low-lifes. When and if you return, you will (like now) be unqualified to drive without a certified refresher or training course.

Sounds like a bottom feeder outfit already, ask your boss if he has a second cousin somewhere with a lesser trucking outfit.. it may even be your dream job.

You don’t even see how bad this looks or sounds? I’m guessing you would not seek out a professional service who operates the same way.. Lawyers? Doctors and even plumbers are demanded to have their stuff together and operate properly or they are labled, crooks, thieves and incompetent.. get it yet? Anyone who has to play this cheesy game of “when my tickets come off my record” should sit out a few years to let it sink in.

 

As far as due process goes, that is a legal term reserved and used for legal matters, not for employment.

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BTW: If you are convicted of the 15 over speeding charge you get an automatic 60 day suspension of your DL regardless if that happened in a private vehicle or a CMV if you held a CDL at that time.

You might want to make yourself very familiar with the info found HERE

**** I apologize for saying 6 months in this post and in others for these types of serious traffic violations. I edited this one to reflect the accurate penalty. Sorry again for posting less than accurate information.*******