OOIDA gets behind drivers’ class-action lawsuit against FMCSA, pre-employment reports

| July 24, 2014

The Owner-Operator Independent Drivers Association this week expressed its support for the six truck drivers who filed a class-action lawsuit against trucking regulators, claiming they divulged to potential employers too much information about their prior violations.

The drivers, all of whom OOIDA says are members, filed the suit last week against the Federal Motor Carrier Safety Administration, the Department of Transportation and the U.S. government, accusing FMCSA of violating the 1974 Privacy Act and its own protocol by including certain violation history in the drivers’ Pre-Employment Screening reports.

Related

Drivers sue FMCSA over pre-employment report information

Six drivers have filed a class-action lawsuit against FMCSA claiming the agency “disparaged” their safety records and diminished their value as truck drivers by oversharing ...

PSP reports are only supposed to include “serious driver-related violations,” per FMCSA rules, and those violations are to be determined by the DOT. However, violations listed in the drivers’ reports were never deemed such, the suit says.

“FMCSA’s actions in implementing the PSP program demonstrate their deliberate ineptness and disregard for clear statutory limitations,” says OOIDA President Jim Johnston.

OOIDA is not a plaintiff in the case, says association spokesperson Norita Taylor. Four of the drivers are owner-operators, one is an independent and the other is a company driver, she said.

They claim their earning potential and their ability to be hired were negatively impacted by the reports, and they are seeking $1,000 for each time the agency sent out a report containing the alleged non-serious violations.

OOIDA is also seeking input from other drivers whose PSP reports may have included violations that allegedly should have been left off. Drivers can contact the association about the matter at: psp@ooida.com

Click here to see Overdrive’s original coverage of the suits for more details.

 

  • mark murphy

    WOULD ..OOIDA- RALLYE .A DRAFT/LAWSUIT- TOWARD REREGULATION- OF A NO MORE FRRE TYIME WHEN AT SHYPPRS/RECIVERS..WTHER DRVER/O-O- BY PETIONING CONGRASS FED/MAHNDAYED DRVERS HOME STATE PREVAILING HR WAGE TYME CRDS..START IMEDI -UPON ENTRING SHYP/RECVRS..PROPERTY………..?

  • Stormy

    Are you paid by the mile or percentage? If you want to punch a clock then go work at a factory.

    If the government doesn’t break the owner operators then the drivers will. Can we dock your pay if you get unloaded early?

  • Douglas

    The sick thing is what use to be our government is too corrupt to lose. Look what the bottom feeder that is called president does, now he and his butt wipe say they are going to bypass congress and the senate to have private companies build highways and bridges. You know that they will be toll roads we have to pay for and still have to pay fuel tax’s for driving on private highways.

  • jojo

    For the most part, todays the Co OTR Driver is paid a variable salary based on computer generated miles.
    It is time to convert to a time based variable salary using the federal minimum wage as a foundation.
    24hrs X $7.25hr = $174.00
    $174.00 X 8 days = $1,392.00
    $1,392.00 should by the company 70hrs of drive time/on duty not driving time within an eight day period.
    This is what an inexperienced Driver with ZERO experience should start at.
    Obviously the Driver would not be paid for personal time taken off while on the road or at home. Refusing a load would be the equivalent of taking personal time off.

  • jojo

    If we Drivers are going to be held to the letter of the law then so should Anne Ferro (did she break the law with her blog post???) and so should the FMCSA, DOT and all other govt. agencies.
    The issue is not about employers having info on the Drivers. The issue is about what info is legally allowed to be disclosed through the PSP process. Remember, this info is obtained through roadside inspections where the officer is judge, jury an executioner.
    If a Driver receives a log book ticket or speeding ticket the Driver has a day in court to be proved guilty. If found guilty this violation will be on the Drivers MVR.

    Pat Hockaday jojo859585@gmail.com

  • bigred

    LOL, Hey Jojo, In this business you gotta pick up and deliver freight to even make money. It`s time you guys figured this out. Sitting in a parking lot 3 days a week is never gonna get you a pay check.

  • jojo

    If on Monday morning a co Driver delivers a load most companies will pay $50.00 a day lay over after the first 24hrs of sitting.
    On Tuesday morning after sitting 23.5 hrs the Driver will be dispatched to load Friday morning. Now the Driver is under dispatch and no longer eligible for lay over pay. The co Driver has now been told to sit and wait 3 days to load and is not being compensated for following the instructions of the supervisor.
    Because the drivers Time has no value Lease Drivers, OO’s and Independents have to compete with many co Drivers who are AT Work without pay.
    It’s hard to compete against FREE.

  • mark murphy

    UNLDED ERLY- GREAT – HWEVER 9/TYIME OUTA 10- U SYTT/OHN-OFF PROPERTY,,WAYTING – FER HRS- THEN WHN U GETA DOOR,,ITS ANOTHER 3 HRS,,- FREE,B4 CARRIERS ./BROKERS GIVE U DETENTION…TYIME CARD YESS AS SOON AS TRK ENTERS SEDD DOOR/PROPERTY-APPT

  • mark murphy

    LETS TROW IN,,,COHMBATT PAY- ..FRM MOST MAJOR CITY TRFIC-7 HRS OHN ENNY FRI NGHT/FRM RICHMOND VA TRU DC.LOOP-BLTIMR-INTO NJ,,TRNPK[ EXMP]IF GPS/SHWS TRK RUNNING UNDER 40 MPH. STEDDY ..FOR 30 MIN OR MORR…THEN TYIME/CRD KIKKS IN..AT A STATE PREVAILING WAGE-[ METERD ] AT SAYE 24$ AHN HR…..THATS FAIR – TYILL TRAFFIC..DISPERSES…..

  • mark murphy

    HWEVER- ITS A TAX DEDUCTION…..LIKE THE 240$ PA PYIKE..OR THE 60$ PORT AUTH TOLLS-OR THE 85$ VZ TOLL……U NEED 200$ A DAYE /EZPASS..TO TRVL RND TRP TO LNG ISL AHN BAKK DWN NJ TRNPK…X 5-=A GRAND A WEEK…..X 52= 52.OOO$ CASH PER TRK OFF THE TOP………………REELE

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