CHECKS AND BALANCE IN TRANSPORTATION?!? A CALL TO ARMS!
Our company is facing an issue that I'm certain many of my fellow Transportation Family has faced previously as well. This being a system without any checks and balances in regards to FMCSA rulings on accidents. Yes, a company has the right to appeal any decision, yet to whom are we appealing? The same people who ruled incorrectly in the first place!
We are facing a couple of instances where my infant grandson would have made a better decision than the one we received! One of the instances ruled preventable involved a passenger vehicle running into the I.C.C bumper of our trailer at 90MPH! How exactly can this be preventable?!? Did our driver need to drive faster than the posted speed limit of 60MPH? Should we have turned the truck up to 90MPH to prevent injuring the other driver? I'm uncertain how we'd prevent the other driver from texting... I suppose we could place "Don't text and drive" on the back of every one of our trailers? Could this be the reason why this was ruled preventable??
The second instance involved three vehicles. Vehicle A ran into Vehicle B who ran into Vehicle C. We happened to be Vehicle C- which ran into nothing. I could understand being charged preventable if we ran into something. The old "assured clear distance" model.... Yet we didn't hit anything! Unfortunately, turning up the unit would not be an option here- too much traffic. SMH.... I guess we could place "Hey, don't hit us" on the back of our trailers....
We have appealed both of these rulings. As with most government agencies, the response is anything but expeditious. Where one would think these are a "no brainer"(remember my grandson)- apparently they are not. The driver involved in the second instance, for example, succumbed to cancer in October!
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In desperation, we have contacted our State Representative for assistance. Unfortunately he must be involved with more pressing matters- as we haven't heard back from his office. Would he even be able to help? Technically no, as he holds no authority over the FMCSA. I wonder... should we call Mr. Biden? He may have the time. .. He could issue an (unconstitutional) Executive Order to clear us! I wonder if a Presidential Pardon would work?
I'm thinking that I should be careful about posting this... I may anger someone... After all, what happens if our appeal is denied and the original ruling stands? To whom do we turn to in that case? You guessed it- NO ONE! When did our country decide to forego the Constitutional Rights of the trucking industry?? Why must the rules be set up to hamper an industry where it is already difficult to operate in? What happened to trucking being essential? Where is the respect deserved to the fine men and women serving our country?
I am asking for advice, help, or whatever ideas are out there ! I ask you all, WHY do we accept this system as is? We just cannot accept the status quo in this case. It is just WRONG! Why do we give so much power to an organization without any oversight? I hold our Constitution and our Republic in high esteem. The principles are valid. We can change this failed system. My Call to Arms is for us ALL to make noise and a lot of it. This is not the time for apathy. It is the duty for us more seasoned professionals to enlist and inspire the new generations to care about our industry. Together, let's change this!
Truck driver at Cosentino
2 年What state did this happen in. I think we should take the truck and run into them, and blame them for being in the road. It’s there fault. Just hire the perfect liar, oops I mean lawyer.