Ok I found out a coworker drives one of are tank trucks without the tank endorsement . He dose have a classB just not that endorsement. Is the company lieable if he gets stopped? What is the penalty for this ? I don't know if I should say any thing
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Driving a comercal tanker without tank endorsement
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IANAL, but... if it's just a tank truck (water etc) the liability might only fall on the driver. If he needs a hazmat endorsement too, (fuel, oil, etc) then I think there's a good chance the company could take a good hit too. If anyone is riding with him that has the proper endorsement(s), it's possible that they could get cited too. There's also the possibility of the truck getting impounded.
Should you say anything? Morally, yes. Legally, I'm not sure if you're required to. Could you loose your job if someone found out you knew and didn't say anything? If so, who's more important, you or him?
Why doesn't he just go take the test? There is no drive test for either endorsement, although there is the TSA background for the hazmat.sigpic
When Injustice Becomes Law, Resistance is Duty
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Hello there. Yes, the company has a requirement to make sure their drivers are properly licensed (and endorsed) for the vehicle they are employing him/her to drive. If the tank is part of the truck, technically a motor-truck vs a truck tractor, and it is 500 gallons or larger, then he does need the endorsement. Hope this helps. It's a very confusing area of law for sure!Make little things count. Teach midgets math.
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He is required to have the tank endorsement. His employer should have verified it before allowing him to drive a vehicle that requires one. They will pay serious money if he has an accident on duty and causes any damage or injury. Speak to a manager and if they don't handle it you may have to file a report.Comment
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Additionally, if he is unlicensed for that class of vehicle, the vehicle can be towed and stored at the owner's expense.
Should be be involved in an accident, the insurance company can wash their hands of the whole mess, leaving the company on the hook.LASD Retired
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Just tell your boss. Its a easy endorsment. Is the co-worker uninformed or just to lazy to go get the tanker endorsement.
Either way not sure why its a big deal...either tell him or the boss. he will get a nasty fine and its his to pay not the company. i had to eat a haz mat fine over a extra oxygen bottle that wasnt covered on a manifest in 2003..was 150 or so then.Comment
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