Unsafe Truck, Bus Operators Told to Shut Down Are Still on Roads

By | August 3, 2009

  • August 3, 2009 at 12:12 pm
    Patrick Norton says:
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    It is obvious that the trucking industry demands a “code of silence” from their drivers. They blacklist or red flag experienced drivers who file complaints to government agencies on safety issues. The multi-billion dollar driver training companies replace these experienced drivers with trainees who will not blow the whistle. Once a driver is caught making a DOT, OSHA, or EEOC complaint against any trucking company he/she has broken this “code of silence” that the industry demands. For over ten years I have heard the expression “License to kill” as a phrase used for administrations of the industry. The Department of Labor has denied the protections for drivers who report unsafe equipment, sexual harassment’s of female trainees, hours of service violations, falsified medical examiners certificates, felony covers by using false or spouses SS#, and the list goes on. It would seem in the American trucking industry there are no rules or ethics and what their lobbyists can not buy from lawmakers, they just have government agencies deny all claims. These big companies will boycott fuel stops if mechanics are not willing to sign off DOT violations without repairs. When you have 5,000 plus trucks each on the road the managers of fuel stops do not want to loose the business of five major training companies. The fact that a driver with over ten years experience is a disqualified applicant for filing government claims is a matter of record. These same companies will hire drivers with no experience that will falsify logs, ignore equipment dangers, and follow their rules over the FMCSR.

  • August 3, 2009 at 2:04 am
    TMD says:
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    One should not stop at just the “commercial drivers”…should we not be looking at our emergency response vehicles as well? In most states, driving of emergency vehicle(s) that have Air Brakes and Weight (over the 10,001 and 26,001 pound) requirements are allowed to jump out of their sub-compact vehicles and jump into these bigger “commercial” sized vehicles without a Commercial License or a least meeting the same requirements set forth in the Commercial Drivers License requirements……Does it not take the same training and driving knowledge under stressful situations as it takes a Commercial Driver under best conditions? If so, then why are we allowing less qualified individuals Driving “Commercial Sized Vehicles” with no regulation or testing requirements?

  • August 3, 2009 at 2:09 am
    Jim Hardman says:
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    I don’t know Mr Norton ot his background in the trucking industry, but for close to 50 years I have been involved with the industry in a mangement position with Dart Transit for some years and as an attorney representing all size carriers accross the country.Although there are some “bad apples” in any industry,Mr. Norton’svision of the trucking inductry is distorted. The vast majoority of motor carriers want to conduct safe operations as do the operators of the equipment. Accidents can not only injure or kill themselves, but others on the road including their families. Further the Federal and State enforcement agencies are trying to enforce the laws and reulations. The complaints listed by Mr. Norton are investigated and if they have merit are adjudicated. In many instances the complaints have found to have merit and in other instances to be without merit.Let’s work together to clean out the violators and caste unwarranted aspersions on the industry per se.

  • August 3, 2009 at 4:22 am
    Googler says:
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    It could be total coincidence of course, but there is Patrick Norton who resided in Oklahoma as of March of 2009, who was in process of pursuing an EEOC complaint with his trucking employer, and evidently has quite an ax to grind with the entire industry. Based upon the considerable blogging of this alleged harrassment at http://www.sexualharrassmentsupport.org, I believe it may be you. I could drive to that law firm on the 17th floor of the Chase Manhattan building in Oklahoma City and see what was really up. Your blog is quite perverse, and although as of May 16, 2009 you were still looking for a lawyer to take your case, he/she won’t have your case for long. Were you represented at your mediation on 7/23/09??

    Probably best not to pursue your case in the public forum, especially here.

  • August 4, 2009 at 7:04 am
    Patrick Norton says:
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    Jim, like I mentioned in another post I have never worked for DART trans. but Tammie of Sacramento, California has and worked for Dart for close to 2yrs. When she refused to haul one over wieght load the company constructed her termination and charged her for 1.5yrs left on her lease. Her DAC reads discharged for safety reasons. Obviously this is only one case and one side of the version to the case. Reading all these posts on Rip-Off reports it would seem Dart is into leasing junk unsafe equipment to drivers who get stuck with all the repair bills. Trade in your ‘clunkers’ and stop leasing them to unsuspecting kids when the terminal mechanics claim they are on their last miles.

  • August 4, 2009 at 7:39 am
    wudchuck says:
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    well, if these companies keep doing the re-running after being shut down and fined, then they should have the authority to upgrade the fines. lives of your drivers and passengers are at stake. it is a multi-million dollar business whether busing or trucking. SAFETY, when i was on the road as an OTR Trucker (driver trainer, as well), is number 1. it only takes a few bad apples to give the industry a bad rap and cause more regs.

  • August 4, 2009 at 7:58 am
    Patrick Norton says:
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    Jim, you failed to mention registered lobbyist for the trucking industry. The Transportation Law Program at the University of Denver. I read your arquments to the “hourly” system to normal motor carrier operations and how it would not address and might exacerbate the critical problems related to safety.
    Kind of like the extending driving time to “more” hours of service would be safer. Lobbyist have always been fighting Federal and State Overtime Wage Coverage in trucking and it is not about safety.

  • August 4, 2009 at 8:28 am
    Googler says:
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    A statement here, a statement there. I have no reason to believe much of it. It doesn’t change my opinion that based on your blogging on the sexual harrassment site, you are probably more interested in lining your pockets, and not working, than being a truck driver. Something tells me you also suffer from back injuries on the job.

    Is it only coincidental that you, with all of your alleged inside knowledge of the conspiracies of the trucking industry, are the target of your managers alledged sexual harrassment? He asked you your male size? Or is possibly that you are a difficult person to work with, no matter what line of work you are in, and that you attempt to set people up, so that you can further your own agenda. I sure wouldn’t hire you.

    I can’t remember if they fired you, although I believe they did as you disputed the denial of unemployment benefits, but if not, you evidently don’t enjoy working for this company in Oklahoma, and you need to move on. Good Luck, now that you’ve made your name known.

  • August 4, 2009 at 12:25 pm
    SadbutTrue says:
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    This is in response to your article on unsafe commercial and public transportation still on the highways. Many of the problems that were noted in this writing were insured by one company and the claims/policies arising from these fatal accidents were passed up thru the ranks of that “Company” by the claims department to parent financial company with the numerous issues, certain parties even spoke to former board of directors in regards to the flagrant fraud being perpetrated. The incompetence and lack of accountability ran wild.
    It was nothing to see 3 or more policies for basically the same insured, which would shut down due to financial difficulties, change their business name or address or business structure ( Individual, Corp to LLC, etc.) that would be canceled for non payment by the servicing loan companies, catastrophic loss, etc and would be rewritten and new filings for interstate/intrastate travel were completed to allow these risks back on the road. Many commercial trucking firms and single owner/operators were traveling interstate and filing under intrastate to minimize their insurance rates.
    Many units were never scheduled on the policies (massive rate evasion), vehicles were not inspected (unsafe equipment, VIN cloning, or fictitious thefts) or copies of registrations/routine inspections were not required. Unlicensed drivers who did not speak English, Entities who “sold” their MC numbers/placards for border crossings or sub chartered routes. All of this was common everyday items that were identified by adjusters and investigators.
    The business model of “Company” was to use managing agents (MGAs) to bring in the clients. The MGAs had underwriting authority to a certain dollar amount. They in turn would have contracts with the agents. Many policies were triple brokered and due to underwriters not wanting to jeopardize their relationships with questionable agents, poor underwriting, lack of due diligence and enforcement of “Company” guidelines. None of the remunerations were based on loss ratios therefore neither the MGAs nor agents/producers had anything to lose by writing any potential policy that walked, phoned, faxed, emailed or via internet.
    When “Company’s” AM Best rating was dropped they then entered an agreement with other carrier to write on their paper so they could continue to write some of the better risks to try and offset the bad, or where required such as the public transportation. “Company” continued to loose drastic amounts of money due to these terrible risks and have finally entered into voluntary run off.
    One of the ways to help combat this issue is to mandate the insurance companies who insure these lines of business to report these offenses to the FMCSA as the Departments of Insurance do not have the manpower, knowledge or resources to find the patterns and enforce changes. Penalties need to be severe to get these entities off of our roads and lessen the injuries and needless fatalities. Other ideas would be to have the same regulations in regards to salvage titles, registration, across the nation to help stop the massive title washing of these “stolen”, not road worthy, killing machines.
    Other states that were heavily involved in this were Illinois for unsafe equipment, Florida and Virginia, due to moving illegal immigrants to New York and most recently found Colorado as tour/bus/charter companies from Texas are relocating but traveling the same routes to the meat packing plants.

  • August 4, 2009 at 1:48 am
    Fingerprints??? says:
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    With regard to mandating that insurers report these “offenses”, let’s remember that criminals and cheats will always be criminals and cheats…..they will always find a way around a system.

    I don’t know how an insurer could possibly be expected to know that Joe A. going as Joe’s Express, driving a 1995 Peterbuilt with a certain vin, operating in Illinois and Missouri, under a certain registration number, is now known as Joe B, going as Big Bob’s express, driving a 1995 Peterbuilt with a different vin, operating in Indiana and Wisconsin under a different registration.

    I say let’s focus on the few WRONGDOER’S here, rather than imply that the trucking insurance industry simply turns a blind eye to fraud and safety.
    Thank you.

  • August 4, 2009 at 2:42 am
    SadbutTrue says:
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    It was not impled the whole commercial insurance industry is turning a blind eye. Just a true example of how it occurs. How could an Insurer possibly know? Here are some ideas.
    It is called prevention based on due diligence and safety risk management. Using CAB, Safer,Database Searches, Follow up on lease agreements, verify registrations and titles, inspections, business structures, etc. I am not saying a few won’t still leak thru the cracks but it is a worthy investment to save lives and reduce fraud. Plus it is understood new schemes are created all the time that is why the commercial industry as a whole needs to have stronger penalties on many different levels.

  • August 4, 2009 at 2:55 am
    Me again says:
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    I am familiar with those systems, as well, but you are effectively requiring the insurance industry to investigate and police their potential insureds……I continue to believe that the answer lies in enforcing existing laws and regulations, and not imposing additional duties upon the insurer. They’re certainly not “grabbing this lucrative business” because this type of business is a “loser”…trust me, they’d love to ferret out the material misrepresentation on the application and tell them to move on down the road….but what you describe would cost alot of money, money that surely can’t be passed on to consumers, particularly now.

    The insurer does not have the legal authority in the matter. So, under your system, they’d “notify the government”…with all due respect, we have been notifying the government of all sorts of things (Like Attention Medicare: we owe you $100,000, please call us. They never do). They already have too much paperwork to act upon.

  • August 4, 2009 at 5:49 am
    Patrick Norton says:
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    Yes I live in Oklahoma, yes I have an EEOC claim on the sexual harassment support web site. My guess is Googler feels this behavior in the trucking industry should be tolerated. Everyone is welcome to read all the support groups stories. Company names are not on the site. That said: Mr Hardman and DART trucking being a safety conscience team. Never worked for DART trucking and as far as an ax to grind with the whole industry, that is an untrue statement. Many of these trucking companies out there are self insured and owned by parent companies. The insurance branch has no idea what the trucking agent is doing with their fleet. But this forced “code of silence” by threats of DAC reports and blacklisting experienced drivers who file complaints to government agencies needs to be addressed. Like Googler, the trucking industry expects drivers to tolerate many things that are againts the laws. If they DOT trucks voluntarily because the company refuses to fix them they will be terminated. The courts are full of STAA act cases of wrongful terminations. They are also red flaged through their DAC reports. There are murder charges filed on a driver who lost his brakes on Angels Crest outside Los Angeles. People are getting killed and companies tolerate this as just another driver who could not dance to the administrations tune. This week a recruiter said guaranteed 2500 miles and average 3500 to 4500 miles a week. That the company would show me how to log those miles legal. How could an Insurer possibly know? They can not, the courts put a gag order on almost all cases to protect the integrity of the companies; they are the Department of Labor.

  • August 4, 2009 at 6:44 am
    Stat Guy says:
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    I have friends who have been driving commercially all their lives and they can verify that there may be just a few bad apples but those who are “bad” are more than ripe and they are the ones who make the headlines. I for one believe we need to strengthen whistleblower laws to encourage people to report violations and have teeth in the law to IMPOUND vehicles, until the needed repairs are made. That is not too difficult nor is it too stringent for the “good” companies to comply with. As to Mr. Norton, all I can say is that where there is smoke, there surely will be fire. I hope he can get some satisfaction; I know it can be emotionally hard on someone who tries to do the right thing and he has my sympathy; both sides need to be heard by the way and not just shouted down because their point of view is not well-received…

  • August 6, 2009 at 1:07 am
    Patrick Norton says:
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    Obviously I am not trying to conceal my identity, and now I have noticed a stocking pattern by this “googler” fictitious name. Good, you may learn something by reading my posts. This is an insurance journal so I will return to the subject of the trucking industry and training companies. You might ask yourself why these companies terminate over 15 experienced drivers a week and have schools and orientation classes with around 45 drivers every week? Out of the 45 drivers in orientation 15 will fail drug tests and driver road tests. Those 15 will go home with a $5,000.00 bill for training. The 15 they terminate every week are experienced, but under the guidelines of service for their schooling also get a bill for the so called free school. You have 25 drivers left and out of those 15 will be terminated within a year and 5 will die. That leaves 5 drivers who are looking for a safety minded company and replaces the 5 dead guy/gals. Question for the insurance people is: Where are these companies making their profit, a pennie a mile off the frieght or wheel hanger trainees at 5 grand a pop?

  • August 6, 2009 at 2:59 am
    Patrick Norton says:
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    $3.5 million in punitives for logging truck accident
    August 6, 2009 10:35 AM
    An Alabama jury has awarded $3.5 million in a wrongful death suit after a speeding logging truck rear-ended a van and killed the driver.
    A couple pennies per mile just cost an insurance company $3.5 million.
    Tolerating illegal activity and the pattern and practice of termination and retaliation of the truck drivers who blow the whistle. Obviously a license to kill.



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