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Complaint / review / scam report
Federal Motor Carrier Safety Administration
Federal Government does not protect drivers

Complaint / review text:
Federal government does not protect those on the roads

I have sent letters to senators and governors and the white house.

I want to know why truckers are not protected when there is a federal law that states they will be protected from retaliation against their jobs.

I would like to know why it is that there is a federal regulation stating that the driver has the call as to whether or not to drive in adverse weather conditions if it is not to be enforced? My husband was fired from his job because he refused to take out a load because he felt it was unsafe to do so due to the fact that we were getting hit with heavy snow and below freezing temperatures. I thought this regulation was supposed to protect drivers from retaliation against this sort of thing. The day my husband got fired I was dispatched on a load that I was uncomfortable taking because of the bad weather we were getting. I knew I could not refuse it or I to would lose my job. I ended up in a situation to where I ended up sliding on an ice covered road (which did NOT result in an accident or injury of any kind). Yet the next day I got fired because of it. So if we as driver's are not protected by this regulation why is it a federal law and why is it in black and white in the FMCSA book. There are numerous cases with one particular company (that I know of) of them firing drivers because the driver felt it was unsafe to operate the motor vehicle and they refused a load.

This is the posting I found on the FMCSA website.

It also states the same exact thing in the book.

There are also postings of similar things on the OSHA website yet nothing is being done to protect the driver.

Driving of commercial motor vehicles

§ 392.14Hazardous conditions; extreme caution. Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

[33 FR 19732, Dec. 25,1968, as amended at 60 FR 38747, July 28,1995]

Driving of commercial motor vehicles

§392.14 Hazardous conditions; extreme caution.

Question 1: Who makes the determination, the driver or carrier, that conditions are sufficiently dangerous to warrant discontinuing the operation of a Commercial Motor Vehicle (CMV)?

Guidance: Under this section, the driver is clearly responsible for the safe operation of the vehicle and the decision to cease operation because of hazardous conditions.

Contact information:
Author: Contact with Author

Offender: Federal Motor Carrier Safety Administration

   State: Washington   City: Seattle

Category: Politics & Government


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