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Jul 17, 2010

Truck Drivers Objections * USA & Canada News

* USA - DAC Report Unconstitutional !! - "... Every American citizen has the right to due process of law when accused or penalized by a separate party ..."

Tulsa,OK,USA -Ask the Trucker, by Allen Smith -July 15, 2010: -- Yet, countless numbers of professional truck drivers are penalized by trucking companies through the false claims reported on their DAC Report. The large majority of these truckers are caught in a situation where proving their case is impossible. False DAC Reporting has been going on for years with trucking organizations and associations recognizing the problem, but doing nothing to stop it... Recent comments from the Stop DAC petition:

* “I am an ex-FED DOT Agent and I witnessed first hand how many drivers would come into our office requesting we help them. They were not able to aquire employment because there was bad information in their reports. I do believe this method is unfair and unjust to many a good driver.”

* “Simply being accused on a DAC is enough to make getting hired virtually impossible.”

Our Stop False DAC Reporting petition is at 1,462 signatures and growing. If the petition does nothing more than the continuance of showing how trucking companies retaliate against truckers, then I will continue to post the experiences drivers are facing with this abuse by the industry:

* “My DAC now has False Information from US Xpress"

* “JB Hunt is the worst for reports for DAC. False information, at fault accidents that are not in a vehicle, logbook errors. All BS.”

* “CRST shows terminated when I quit with notice and not under a load. Truck went to new driver (no abandonment).”

So the question remains: is the DAC Report unconstitutional? For the answer, I turned to Attorney Paul Taylor and this is what he said: “... As far as the DAC Report is concerned, they are definitely constitutional” ... Trucking companies continue to retaliate against drivers through the use of the abusive DAC system?: There are many good and decent trucking companies, but there are more that are not so good...


* Canada - Another speed limiter ticket bites the dust. A second known speed limiter infraction has been dismissed by an Ontario court in as many week

Dryden,ONT,CAN -Today's Trucking -20 July 2010:
... An Ontario Provincial prosecutor refused to follow through on charges against a trucker for not being "equipped with a working speed limiting system" set at the mandated limit of 105 km/h... The lease operator received the ticket at a MTO scale in Dryden, Ont. last October and opted to fight the $315 fine... The prosecutor decided not to pursue the charge in court when the driver's paralegal representative indicated he would challenge the legitimacy of the engine code reader used to verify speed limiter settings if the case was tried... Ritchie Noel of Sunset Country Paralegal told that the driver asked the MTO inspector to sign a document that relieved the trucker of liability if the ECM code reader were to cause any damage to the truck's computer... The officer refused but was given access to the ECM port anyway... The driver claims that the procedure did damage the computer and it had to be replaced at a cost of $650 plus installation... The case closely resembles one reported two weeks ago, in which owner-op Lee Ingratta had his ticket thrown out by a judge for allegedly refusing a speed limiter inspection... Ingratta -- a self-proclaimed computer expert -- insisted (and the judge agreed) that the EZ-TAP reader used by the MTO is capable of releasing static charges and possibly even viruses that could damage the truck's ECM... He agreed to the inspection only if the MTO officer signed a waiver accepting responsibility for any damage. The officer refused and handed Ingratta the ticket anyway...

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