Will strikes on DAC report prevent me from driving again?

**SslloMmmo** · 06-21-2009, 11:26 AM

Hi all,

I'm new to the forum and have just begun looking at the expedited industry as the next step in my driving career. I had planned to take this step under more favorable circumstances, but have had what some might call a tough (unlucky?) rookie season.

I was just released by my employer for what they considered my third "preventable incident", after driving 13 months OTR tractor/trailer with 100% on time delivery, consistently improving mpg performance, enthusiasm for the job, and a love for the lifestyle of the road. I'm wondering if, because of these "incidents" I can now even be considered to drive for a fleet owner in the expediting business. Here's what happened ...

1st Incident - In early January '09, the tie-back chain failed on the driver side door of the trailer I was pulling, causing the trailer door to swing from the open to closed position, striking another truck as I was driving by it while getting in position to back into a loading dock. The chain had been previously "jury-rigged" with a couple open-ended, S-shaped "links" like those on the ends of bungy cords (a repair technique that is commonly suggested by the company maintenance dept.).

2nd Incident - Just a couple weeks later, I had picked up a preloaded trailer at a shipper and couldn't get the trailer tandem axles to slide forward in an attempt to pre-balance the load before getting to a scale. I was on the phone with the maintenance dept. for about 10 minutes trying all kinds of maneuvers to get the axles to slide. Finally they suggested that I find a curb to back the tires against. It was dark, so I found a curb with a nearby light pole which I could align down the driver side of the trailer to see what I was doing. I backed against the curb, got out to make sure the mud flaps were not behind the tires, and then attempted to nudge the tires against the curb. Well, the tires jumped the curb and I had a clear view of the ICC bumber grazing the light pole, knocking it over.

3rd Incident - In late May '09, I had picked up a preloaded trailer at a shipper and couldn't get the trailer tandem axles to slide again (happens all the time, but is usually remedied with some effort). This time, while applying the normal torquing and braking techniques to try to nudge the tandem axles free, something in the rear end of my truck broke and landed me in the repair shop for a day and a half. After the repairs to my truck were finished, I then had to call the maintenance department to get the same repair shop to come out to the shipper and get the trailer axles to slide. Well, when I arrived at one of the company terminals a couple days later, they pulled me in and fired me.

I realize that companies (especially the large ones) need to have guidelines in place to prevent people from being careless or neglectful with their equipment. I also realize that the comany managers are under pressure to show that they are doing everything they can to keep claims and repair costs down. The real heartburn comes into play because of the dreaded DAC report which doesn't give any details of the incidents. I am finding, that most (larger) companies will not even entertain an explanation of what occurred.

What do you think my chances are in getting hired by a fleet owner in the expediting business to drive a ST or TT? BTW, I have a clean MVR, no criminal history, great credit rating, no personal debt, etc., etc.

Thanks for any input/insights.

**cheri1122** · 06-21-2009, 12:37 PM

Your biggest problem will be with the insurance companies that will refuse to cover you. Check the 'driver wanted' ads here on EO's classified area, and reply to as many as seem a possibility [keeping in mind that most want teams] and see what happens - what have you got to lose?

**arkjarhead** · 06-21-2009, 11:12 PM

I would be more concerned trying to just find a driving job if this is what you really want to do. Then when you find something be real careful, grit your teeth ( as long as you aren't getting cheated out of pay) and let those incidents get some time behind them. Then you can be choosy.

**dletheridge** · 06-22-2009, 11:58 AM

Did you get any of the advise you had gotten on the qualcomm or in written form? If not then there is little chance of getting any of those changed to non-preventable.

I have personal experience with 3 preventables , good luck. BTW the supposed 3rd preventable was for hitting a moose that was actually coded as a cow. They have since changed the preventable to non-preventable after they admitted that it was a moose.

Next time, you might want to invest in a spray bottle of dish washing soap and water. Spray that onto the rails, in and around the pins. The other possibility is that the bolt that holds the pins on broke from constant banging with a hammer.

**SslloMmmo** · 06-22-2009, 03:32 PM

Originally Posted by dletheridge

Did you get any of the advise you had gotten on the qualcomm or in written form?

The suggestion to back up against a curb in order to nudge the tandems free was given over the phone. I understand that those conversations are recorded. Do you suppose that will help me any? My guess would be that these recordings are probably no longer available.

Originally Posted by dletheridge

Next time, you might want to invest in a spray bottle of dish washing soap and water. Spray that onto the rails, in and around the pins. The other possibility is that the bolt that holds the pins on broke from constant banging with a hammer.

You are the third person who as recommended this technique as well as carrying a couple short 6" x 6" pieces of wood to place in front of or behind the tires. I wish the company training or maintenance staff would have suggested these measures, but as I understand it, they don't like the soapy water technique because it will leave a residue that creates more problems in the long run (???). At the suggestion of an experienced driver from another company, I did start carrying extra bungy cords to use on the trailer doors after the first incident. Any time I am moving at close range past another object with my doors open, I put the bungy cords on the doors regardless of whether the tie back chains are in good condition or not. This is something I never considered and was never trained to do before the first incident happened. Any newbies reading these posts would be very wise to do the same.

I am hoping that a smaller employer will take the details of the "incidents" into consideration and realize that they do not reflect willful neglect of company equipment, nor do they reflect a disregard for the safe driving behavior which I have otherwise exhibited for many years.

I am not one to shun responsibility for my actions, but I do feel in this case that I ran into a string of bumb luck. One old timer said that it sounded like I had a career's worth of trailer problems in one year. Not that I haven't learned from the experience, but that's how it feels, believe me.

Thanks to everyone who have added their suggestions. I really appreciate it.

Tim

**cheri1122** · 06-22-2009, 03:52 PM

I totally feel for ya, Tim - the hassles of dealing with drop & hook on equipment that no one feels any need to take care of is a large part of why I won't drive t/t again. It was a tremendous problem for me, being 5'3" and female, and it's a problem the carriers just ignore, sadly.
I hope you find someone who can help.

**LDB** · 06-22-2009, 06:19 PM

Originally Posted by cheri1122

It was a tremendous problem for me, being 5'3"

I thought that was seeing over the steering wheel.

**termite289** · 06-23-2009, 12:56 AM

not to be an ***, or nuthin, but i find it much easier to slide tandems that are being difficult by adjusting the brakes rather than using a curb to push against.

**SslloMmmo** · 06-23-2009, 09:20 AM

During the many times on the phone with maintenance staff trying to get tandems unstuck or back into alignment, that was never suggested as a resolution method. I assume you mean adjusting the trailer brakes. That would be worth a try, I suppose.

**arkjarhead** · 06-23-2009, 02:35 PM

In the future keep you some pentrating oil in your sidebox. There is alot more to driving a truck than holding onto the steering wheel. I'm sure you know that by now. I hope you find you a job and keep any other negative things from getting put on your DAC then move up into a better job.

If you want to challenge that stuff on your DAC you have to write DAC Services asking for a copy of your DAC report with your name social secruity number and a statement saying you are requesting your DAC report. Anytime,anytime,anytime you have any coorespondence with DAC you need to mail it with a Delivery Confirmation where they have to sign for it. They have only 30 days to respond to your coorespondence. If they don't it can help you in the future, but you gotta have proof. I would also contact OOIDA. They can give you the address and they have more expertise than I can. Once you have your DAC report in you hand then you can challenge anything on it. Then the burden of proof goes to the carrier. If they can't prove it then it comes off. Until you have your DAC report in your hand they will tell you that anything you say is on there is hear say. I went through this to get an abondment off of my DAC that a fleet owner had put on there. Honestly Panther's safety department (who put it on at the fleet owner's request) was very helpful in helping me get it removed. The only evidence they supplied to DAC was evidence that I returned the truck. Panther righted that wrong and I will always appreciate them for that.