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Thread: E-mail to the Chief of Police in Las Cruces, NM

  1. 01-30-2009 09:26 AM #21
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    Quote Originally Posted by Fredog View Post
    if I stop for 2 minutes to make a phone call a change of duty status has not occurred.
    Can you please cite any source that states the driver in this incident stopped for 2 minutes to make a phone call?

    So what do you think they should do to the truck driver? charge him with murder? manslaughter?
    I have no opinion on what they should do with the driver. If they complete the investigation (which they apparently haven't), and find that there isn't enough evidence to convict the driver of any charges, I can accept that.

    But none of that is really relevant to my point (or MB's, apparently) - that any time you change your duty status, and any time you are going to operate a CMV, you are required to perform an inspection. Common sense, as well as the FMCSA regulations, would dictate that you must at the very least exit your vehicle, at which point you would see a person in front of your vehicle.

    Ignorance of your surroundings is not an excuse for striking another object, be it a fence, a concrete post, or another human being.
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  2. 01-30-2009 09:59 AM #22
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    Quote Originally Posted by Rev.Vassago View Post
    Can you please cite any source that states the driver in this incident stopped for 2 minutes to make a phone call?

    I have no opinion on what they should do with the driver. If they complete the investigation (which they apparently haven't), and find that there isn't enough evidence to convict the driver of any charges, I can accept that.

    But none of that is really relevant to my point (or MB's, apparently) - that any time you change your duty status, and any time you are going to operate a CMV, you are required to perform an inspection. Common sense, as well as the FMCSA regulations, would dictate that you must at the very least exit your vehicle, at which point you would see a person in front of your vehicle.

    Ignorance of your surroundings is not an excuse for striking another object, be it a fence, a concrete post, or another human being.
    can you cite any source that says he stopped for more than 2 minutes? why do you hate truck drivers? I thought you were one
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  3. 01-30-2009 10:17 AM #23
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    How hard is it when you walk back to your truck to take the extra 3 or 4 steps and look in front of your truck. You can look at the back as you walk by but take the few steps to look at the front. If it will kill you to take the extra steps then you don't need to be driving a truck anyway.
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  4. 01-30-2009 10:29 AM #24
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    Quote Originally Posted by Fredog View Post
    this is what's wrong now a days, it's always someone elses fault. why should a drunken slob be responsible for his own actions? let's just blame it on the truck driver, maybe if the low-life drunken slob would have stayed home to get drunk. he would still be alive, how about that? the truck driver broke the law by not walking around his truck? what about breaking the law by being drunk in public? or sleeping in a parking lot? are those things okay? oh that's right, a truck driver is held to a higher standard and should be responsible for everyone elses behavior. Makes me sick.
    x2 well said fredog.

    1st off the guy is trespassing on the trucking company's property. Who's to say the driver wasn't going to do some drop and hooks in the yard. Then he would'nt have to do a pre-trip by law as long as he stayed on the trucking company's property.
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  5. 01-30-2009 10:35 AM #25
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    Quote Originally Posted by Fredog View Post
    can you cite any source that says he stopped for more than 2 minutes?


    I sure can't. But since 392.7 states that prior to operating a CMV you must perform an inspection, it doesn't matter how long he stopped for.

    why do you hate truck drivers? I thought you were one
    I wasn't aware that I hated truck drivers (other than your claim that I do). I do not, however, believe that "sticking together" with law breakers will help the industry overall. It will only serve to entice legislators to create stricter regulations.

    If a driver is too lazy to make sure that there are no obstructions present prior to moving his CMV, then it will only serve to make it more difficult for the rest of us - just like when there is a high profile accident involving a truck, and DOT starts cracking down on truck drivers.
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  6. 01-30-2009 10:37 AM #26
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    Quote Originally Posted by Mackman View Post
    1st off the guy is trespassing on the trucking company's property.
    So as long as someone is trespassing on private property, it's okay to run them over. I see....

    Who's to say the driver wasn't going to do some drop and hooks in the yard. Then he would'nt have to do a pre-trip by law as long as he stayed on the trucking company's property.
    The FMCSA regulations still apply, even on private property.
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  7. 01-30-2009 11:18 AM #27
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    Quote Originally Posted by Rev.Vassago View Post
    So as long as someone is trespassing on private property, it's okay to run them over. I see....



    The FMCSA regulations still apply, even on private property.
    I give up you win.. the truck driver is a low-life piece of crap who purposely broke the law and took the life of a fine upstanding drunk, he should be stoned to death. I know it wont happen to you because I'm sure you get out and walk around your truck EVERYTIME you stop. according to what you have stated here, that will apply to stop signs, red lights, crosswalks,, etc.. I feel safer knowing there are repsonible drivers like you on the road
    now. let's argue about something else..
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  8. 01-30-2009 11:22 AM #28
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    Quote Originally Posted by Rev.Vassago View Post
    So as long as someone is trespassing on private property, it's okay to run them over. I see....



    The FMCSA regulations still apply, even on private property.
    Can you post a link with that reg.???

    Thanks, Mackman
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  9. 01-30-2009 11:34 AM #29
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    for some reason, this thread is making me think of Fozzy
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  10. 01-30-2009 11:46 AM #30
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    Quote Originally Posted by Mackman View Post
    Can you post a link with that reg.???

    Thanks, Mackman
    §395.2 Definitions.

     On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
    (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
    (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
    (3) All driving time as defined in the term driving time;
    (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
    (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
    (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
    (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
    (8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
    (9) Performing any compensated work for a person who is not a motor carrier.






    The FMCSA regs go on to say:


    Question 9: A driver drives on streets and highways during the week and jockeys CMVs in the yard (private property) on weekends. How is the yard time to be recorded?

    Guidance: On-duty (driving).
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  11. 01-30-2009 11:48 AM #31
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    Quote Originally Posted by Fredog View Post
    I give up you win.. the truck driver is a low-life piece of crap who purposely broke the law and took the life of a fine upstanding drunk, he should be stoned to death.
    If you say so. I sure as heck know I never did.
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  12. 01-30-2009 12:49 PM #32
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    Quote Originally Posted by Rev.Vassago View Post
    §395.2 Definitions.

    On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
    (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
    (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
    (3) All driving time as defined in the term driving time;
    (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
    (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
    (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
    (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
    (8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
    (9) Performing any compensated work for a person who is not a motor carrier.






    The FMCSA regs go on to say:


    Question 9: A driver drives on streets and highways during the week and jockeys CMVs in the yard (private property) on weekends. How is the yard time to be recorded?

    Guidance: On-duty (driving).
    This is how the driver is going to log it. I want to see something saying he had to do a pre-trip even for staying on private property.

    So if an LTL company tells a dock worker (without a CDL) to get in one of their trucks and move it out of a dock and park it. They will be breaking the rules???

    I'm just trying to understand thats all. I may be alittle slow with this. But if you are on private property i don't think the DOT rules and regs apply. Logging would be the only one.

    Another ?. What if a jockey truck had a headlight out. Could the DOT come on private property and ticket you for that or place the jockey OOS for a flat tire.??
    Last edited by Mackman; 01-30-2009 at 12:54 PM.
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  13. 01-30-2009 01:09 PM #33
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    Quote Originally Posted by Mackman View Post
    Another ?. What if a jockey truck had a headlight out. Could the DOT come on private property and ticket you for that or place the jockey OOS for a flat tire.??
    That would be a question better suited for Myth_Buster.
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  14. 01-30-2009 03:24 PM #34
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    I agree with mackman, you didn't even come close to answering his question. Hell, even volunteer time and time spent working on your truck is "on-duty" does that mean that time falls under the guidance of the regs? Not even close.
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  15. 01-30-2009 03:35 PM #35
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    Quote Originally Posted by allan5oh View Post
    Hell, even volunteer time and time spent working on your truck is "on-duty" does that mean that time falls under the guidance of the regs?
    Yes, it does. The only time that does not fall under guidance of the regs is off duty time.
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  16. 01-30-2009 03:49 PM #36
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    show me.
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  17. 01-30-2009 03:57 PM #37
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    Considering most shunt trucks aren't even road legal, that disproves you right there.
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  18. 01-30-2009 04:14 PM #38
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    Quote Originally Posted by allan5oh View Post
    Considering most shunt trucks aren't even road legal, that disproves you right there.
    What is a "shunt truck"? Whatever it is, what does it have to do with a driver who falls under the HOS regulations running over a man?
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  19. 01-30-2009 04:24 PM #39
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    You stated the regulations apply to everyone on private property. Yet on private property, you do not need a CDL to operate a CMV. Also, a shunt truck would be considered a CMV yet lacks many items required in the regulations.

    edit: actually I am wrong, a shunt truck or yard dog is not considered a CMV if it is not an on highway vehicle.
    Last edited by allan5oh; 01-30-2009 at 04:50 PM.
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  20. 01-30-2009 04:48 PM #40
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    Quote Originally Posted by allan5oh View Post
    You stated the regulations apply to everyone on private property.
    No, I didn't. I stated:

    The FMCSA regulations still apply, even on private property.

    Sigh....


    Just go ahead and run people over. See if I care.
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