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Turtle

Turtle

Administrator
Staff member
Retired Expediter
cheri1122 said:
Permission to possess a vehicle one doesn't own is construed as open ended, meaning they don't ever have to give it back? I can't believe the law allows that. But I guess it's best to cover that contingency when writing a contract, with something like "must return vehicle to specified location within 72 hours of notification from owner to do so."
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It can be tricky, because once you give someone lawful access to the vehicle, it's not necessarily stealing if they have the vehicle. Under the laws (in most states, maybe all of them) taking a vehicle for temporary use when prior authority has been granted, or can be assumed such as in family situations, rental car agreements, or unauthorized use by chauffeurs and others having lawful access to the vehicle, must not be classified as motor vehicle thefts. Rental agreements will specify a date of return, and truck leases between driver and owner should also have a clearly defined date of return, if not a specific date, then something that creates (triggers) a specific date. Most states (if not all) have other categories such as "deception" and "deprive" where the theft can be placed in order to prosecute. Theft by deception is a common one for writing bad checks, but if you lease a truck for s specific purpose and then stop using it for that purpose, that's also deception in many instances, and will void a contract.
 
runrunner

runrunner

Veteran Expediter
cheri1122 said:
Permission to possess a vehicle one doesn't own is construed as open ended, meaning they don't ever have to give it back? I can't believe the law allows that. But I guess it's best to cover that contingency when writing a contract, with something like "must return vehicle to specified location within 72 hours of notification from owner to do so."
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This is a sad situation,and my heart go's out to the owner,cause he didn't do anything to deserve this. As far as prosecution goes,look at it this way,you loan out a tool and it's not returned,is it stolen? It's more a civil matter than a criminal matter. You can sue the guy,but he will never pay.
 
ATeam

ATeam

Senior Member
Retired Expediter
If I was a fleet owner who trusts drivers with my trucks, I would do my own background checks and drug screening instead of relying on a carrier to do it. Services that do this are easily found and used. The cost is not prohibitive.

In our current business, people occasionally ask us for work. Some disappear when we inform them that we do background checks and drug screens.

A driver who has figured out how to beat the carrier background check system and prey on the hopes of fleet owners would likely be deterred from applying for a position with a fleet owner who has his act together enough to do his own background checks and drug screening. Carriers run dozens of not hundreds of applicants through their system in a month. Some will put a driver behind the wheel before the results are in. A fleet owner is more focused on the applicant and a bad-faith applicant would not want that kind of scrutiny.
 
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paullud

paullud

Veteran Expediter
The current drug tests aren't effective enough and they don't even test for all the major drugs. Paying for a hair test is pretty cheap insurance for a fleet owner.
 
cheri1122

cheri1122

Veteran Expediter
Driver
Just out of curiosity, does anyone know what the rate of positive pre-employment drug screens is?
 
2

2centz

Rookie Expediter
I'm just a dummy to start things off. First, after 9/11 you cannot turn off your locator on your cell phone to government services, only personal. Check ur settings on your phone. Ez enough, get rid of that phone. 2nd, you're trying to say that if a friend gives me permission to use his vehicle, I can keep it? Or a company like Schneider lets me drive for them, I can keep the semi & they can't do anything about it? I knew I was doing this wrong! What a deal! Anyone have any friends with a nice rv?
 
2

2centz

Rookie Expediter
It's your property, whether u gave them permission or not, and you have every right to ask for it back at anytime. Now, if you leased it to them, that's a whole other story. If it was me, forget about the cops. U know how many vehicles get stolen every day? Unless he's a dummy and gets pulled over w/ ur tags still on the truck they won't go looking for it. If ur insurance doesn't cover theft after being reported w/ case number, I would hire someone, not sure who, repo, private investigator, to recover. Then, take the guy to court to cover all the costs including lost revenue. You more than likely won't get anything from him. (Guessing he's a deadbeat.)
 
xiggi

xiggi

Veteran Expediter
Owner/Operator
A contract spells out what you can or can't do. It also has to be in line with real law. Without that it's he saud, she said.
 
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