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Truck Drivers DAC Report Unconstitutional

Jul
15,
2010
8

Is the DAC Report unconstitutional?  The first ten amendments of the Constitution, which make up the Bill of Rights, include the amendment which requires that all citizens be provided with due process when either being accused of a crime or being penalized by another party for a civil matter.  The Bill of Rights were seen as such importance, that George Mason refused to sign until these rights were included.

Explaining his refusal to sign, Mason wrote:  “There is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declarations of Rights in the separate States are no security.  Nor are the people secured even in the enjoyment of the benefit of the common law.” To paraphrase it in simple terms:  every American citizen has the right to due process of law when accused or penalized by a separate party.

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:

  • “It’s not right that companies can destroy a driver’s driving record and stop them from ever getting a driving job again.”
  • “I quit Swift Transportation back in 07.  Took my truck back to the Richmond terminal because I was basically paying them to drive.  I was lucky I had some savings to fall back on while driving for this company.  Anyhow,  I cleared my truck and resigned at the terminal and I got a “NO SHOW” on my DAC.”
  • “I have seen it happen many times and I fully support this petition to stop the abuse that companies and DAC Services have been allowed to exercise for far too long.”
  • “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.”
  • “My DAC now has False Information from US Xpress.  I went to orientation and on the 5 th day they let me go over the phone without giving me a reason why they were not hiring me.  I lived in Denver, Co. and they paid for me to go to Ca. for this.  My DAC shows I worked for them  and I Quit and was dismissed. This is False information that US Xpress has reported on my DAC.’
  • “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:

  • “As someone who has been in Human Resources for a few decades, I find it hard to believe that DAC is allowed to exist.  See, if Sally Sue applies at a local office and is hired, then she is protected under federal and state laws that govern what work related issues or job performance issues can be disclosed to others.  Many employee rights and privacy issues are in play. If Sally Sue fails to show up for work or leaves early, if she steals office supplies, if she shoots her boss even, it can not be disclosed by the company to others she may choose to apply with or work for.  DAC violates all employee rights to privacy.  If I were a driver and worked for one of these dirt bags that put ANYTHING derogatory on my DAC I would sue for slander and then retire rich.  It is not a legal system under employment laws in most states, nor is it completely legal under many federal rights to privacy.”
  • 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).”

You can read all the comments from the signers of the petition and see what these trucking companies are doing to our men and women of trucking.  Until DAC is shut down, you can contact the Truckers Justice Center which has been fighting for truckers rights for twenty years.   Truckers Justice Center specializes in helping drivers with the removal of false information on their DAC reports.  Their website states:

“(HireRight) maintains employment files (called DAC reports) on all commercial drivers that include accident records, drug testing reports and eligibility for rehire information from all previous employers. There are MANY incorrect reports in DAC files. Companies will put outright lies into DAC reports as retaliation against drivers. (HireRight) is a consumer reporting agency, which means you have a right to see the information kept in these reports and you have the right to correct the information under the Fair Credit Reporting Act. The Truckers Justice Center can help you correct your DAC reports.”

So the question remains:  is the DAC Report unconstitutional?  For the answer, I turned to Attorney Paul Taylor and this is what he said:

“The Bill of Rights applies to Government action, not private actions of motor carriers and consumer-reporting agencies.  As far as the DAC Report is concerned, they are definitely constitutional.”

Five years ago I started Truth About Trucking, the first to publicly expose the abuses and injustices that many truck drivers face within the long haul trucking industry.  Going public, we exposed the:

  • DAC Report
  • Trucking companies owner operator lease purchase plans
  • CDL training scams
  • Truth about the so-called truck driver shortage
  • Process of starving out drivers
  • Turning over student drivers as a means of cheap labor
  • Abuses by the “starter” trucking companies . . . and much more.

These were all the little insider secrets of the trucking industry that nobody was publicly sharing.   It was time to change that.  It was time that CDL students and new drivers understood what they could be facing when looking at OTR trucking as a career.

There are many good and decent trucking companies, but there are more that are not so good.  Understanding the trials you will face when first starting out in trucking and knowing what to do after you “pay your dues” in this industry, is the foundation that Truth About Trucking stands on . . . to “Raise the standards of the trucking industry.”

Trucking companies continue to retaliate against drivers through the use of the abusive DAC system?  Then I’ll keep posting . . .

Allen Smith

© 2010 – 2014, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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8 Responses to Truck Drivers DAC Report Unconstitutional. - Post a Comment

  1. […] This post was mentioned on Twitter by Allen Smith, WomenTruckers. WomenTruckers said: Truck Drivers DAC Report Unconstitutional? #Trucking #WorkplaceBullying #Jobs http://fb.me/w7gLHGnJ […]

  2. Isaac

    Trucking companies should not be allowed to have sole discretion to determin the preventability of accidents. This violates the drivers individual Constitutional right to due proccess. Also, drivers should not be forced by employers or potential employer to confess or endorse any document containing allegations involving an alleged accident unless that driver has been fully convicted of such behavior. Any driver who feels that they are a victim of these civil rights violations should contact the American Civil Liberties Union(ACLU).

  3. Allen Smith

    Thanks for the post, Issac. There are all kinds of “rights” that truck drivers have and places to report and contact when these rights have been violated, such as OSHA and the FMCSA, although they are more talk than anything else.

    Also, the ACLU as you mentioned. The problem with the rights of truckers being violated really lies with the truck drivers. Their rights will continue to be violated as long as they allow them to be.

  4. trucker out of sac

    I had 3 accidents more than a year ago. I tried talking to the companies about taking a refresh course, and they turned me down because of something over a year ago. I am an excellent driver just had a few slip ups. I have the drive to do what i need to because this job is my passion. I have only logged a little over six months. This seems like I am getting slandered. Please tell me what I can do.

  5. Guy Micu

    Who do these companys think they are?it abuse what they are doing and they should have regulations on the things they can report on a driver.if a driver never recived a dot ticket then there’s nothing to report on a driver.

  6. Juan

    Dear Allen; Thank you for opening our eyes with so much information. You are spreading so much good to the universe that the universe will Return it back to you the same way. God Bless You!

    Thank You. Sincerely
    Juan Vallejo.

    • Allen Smith

      Thank you Juan for taking the time to write that. Injustice is tough pill to swallow, and I guess we are just going to keep trying not to!!!

  7. Isaac

    The following statement is an exerpt from the AskTheTrucker.com website:

    So the question remains: is the DAC Report unconstitutional? For the answer, I turned to Attorney Paul Taylor and this is what he said:

    “The Bill of Rights applies to Government action, not private actions of motor carriers and consumer-reporting agencies. As far as the DAC Report is concerned, they are definitely constitutional.”

    I disagree! Accident investigating and reporting by Motor Carriers is mandatory and regulated by the Federal Motor Carrier Administration under 391.23. Thus interjecting a government role to the proccess. This is enough to require due proccess of law. I would challenge anyone to argue that the government has the authority to make mandatory investigations and reporting by motor carriers concerning commercial drivers accident histories while at the same time bear no obligation to require investigations and reporting to provide DUE PROCCESS OF LAW. DAC REPORTING IS NOT IMMUNE FROM THE EFFECTIVENESS OF THE CONSTITUTION AND THE CONSTITUTION CAN AND WILL APPLY TO DAC REPORTING. DAC REPORTING IN IT’S CURRENT FORM IS UNCONSTITUTIONAL!

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