Truck Driving Jobs

|

Trucking Jobs

|

Truck Drivers

|

Trucking Companies

                  Ban PanelBan Panel             
What can happen to you
Click here to go to the original topic
Goto page 1, 2, 3  Next
 
       Trucking Forums Message Board, Truck Drivers Forums - Forum Index -> Rules and Regulations and DAC, oh my.......
View previous topic :: View next topic  
Author Message
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Sun Nov 05, 2006 9:59 pm    Post subject: What can happen to you  

The sun had just set on a cool April day, when truck driver Robert F. Spencer phoned his sister in Michigan. He was in Indiana, and, as authorities would later discover, had been driving his rig for hours longer than federal law allows. With the truck's windows down and its air conditioner on maximum, Spencer suddenly stopped talking. Minutes passed. Then, still listening to the phone line, his sister Nicole heard a bang.



Spencer, 37, of Canton Township, Mich., near Detroit, was arrested Friday, charged with five counts of reckless homicide for the April 26 crash that killed four students and a staff member from Taylor University and injured four others.

Details of the moments leading up and following the crash on Interstate 69 began to emerge Friday in court documents.

Prosecutors said Spencer never hit the brakes to slow his speeding truck until it crossed a median and slammed into the university's van.

After the accident, the trucker seemed confused. Witnesses reported that Spencer had fallen asleep at the wheel.

"Did I hit something? What happened? Who did this?" Spencer asked, according to court documents.

The crash drew widespread attention when two families discovered that one of the victims

MOST OF ALL DON'T LET THIS BE YOUR WIFE OR KID LISTENING TO THE ACCIDENT!

Rev: If the gramar is incorrect please contact the new channel "NOT ME"

This is why I consider you my truckers, because I am trying to be your friend telling you this can be you if you don't follow the DOT Regulations
Back to top  
Rev.Vassago



Joined: 04 Apr 2006
Posts: 5369
Location: Green Bay, WI

Posted: Sun Nov 05, 2006 10:05 pm    Post subject:  

But what you have posted has nothing to do with logging things properly - it has everything to do with willful neglegence. In fact, just the other day you were here giving us all "advice" on how to save our driving time by logging "Sleeper Berth" at a shipper, and going to read a book in our sleeper berth. How would this advice have helped save these people?

Dawn wrote: This is why I consider you my truckers, because I am trying to be your friend telling you this can be you if you don't follow the DOT Regulations

Coming from someone who said:

Dawn wrote: it is plain English and using the stupid DOT words out of the book evidently is not working for the drivers because they would not be here looking for answers!

Yet you want us to follow those DOT regulations that you feel are "stupid" DOT words. :roll:

How are we to follow them, if you think we shouldn't even be READING them?
Back to top  
WildK9



Joined: 28 Mar 2006
Posts: 1743
Location: Lewisville, Texas

Posted: Sun Nov 05, 2006 10:13 pm    Post subject:  

Rev.Vassago wrote: But what you have posted has nothing to do with logging things properly - it has everything to do with willful neglegence. In fact, just the other day you were here giving us all "advice" on how to save our driving time by logging "Sleeper Berth" at a shipper, and going to read a book in our sleeper berth. How would this advice have helped save these people?

Dawn wrote: This is why I consider you my truckers, because I am trying to be your friend telling you this can be you if you don't follow the DOT Regulations

Coming from someone who said:

Dawn wrote: it is plain English and using the stupid DOT words out of the book evidently is not working for the drivers because they would not be here looking for answers!

Yet you want us to follow those DOT regulations that you feel are "stupid" DOT words. :roll:

How are we to follow them, if you think we shouldn't even be READING them?


BUSTED!! :lol: :lol:
Back to top  
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Sun Nov 05, 2006 10:16 pm    Post subject:  

But what you have posted has nothing to do with logging things properly - it has everything to do with willful neglegence. In fact, just the other day you were here giving us all "advice" on how to save our driving time by logging "Sleeper Berth" at a shipper, and going to read a book in our sleeper berth. How would this advice have helped save these people?

Because 1) it is legal to go in your sleeper and no one tells you or montiors you to be sleeping (even DOT will tell you that). I can say I am sleeping for 10 hours, but that does not mean I am sleeping. Why do you think they allow you to log off duty during your 10 hour break? Because they know you might not be sleeping 10 hours. If a shipper does not want you inside or on their docks you can utilize that time as sleeper. Now to tell you hey you can be in the front seat and log sleeper that is telling you to FALSIFY YOUR LOGS. So check the book, it clearly states about being at a shipper/consignee. And you said "on how to save our driving time by logging "Sleeper Berth" No I was stating how you could save your line 4 time (that is on-duty not driving" And I also mentioned in that message to log the line 4 time dealing with it, as many drivers don't believe they have to and they do!!!!!!!! Many drivers just go off duty or sleeper and never show line 4 time. Lets see how many drivers get questioned the way I log it and logging sleeper or off duty time the WHOLE time they are loading/unloading. Even logging off duty at a shipper/consignee is a BIG NO NO!

Because 2) I never give willful neglegence information! I give only the simple terms to help a driver UNDERSTAND the regulations! Maybe you need to read my post and try to understand instead of trying to attack!

I am not here to fight with anyone, I am here to help a driver who might need help and a compliment would be nice to hear! I do KNOW MY SHIAT! I don't care what you really think! So you really are wasting your time and my time at this point! And you won't run me off!
Back to top  
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Sun Nov 05, 2006 10:20 pm    Post subject: WildK9  

No It is the wording they use and how they explain them, or should I say the lack of explaining them. No I think the regulations are fine and well written but some people (like I did not) don't understand just reading what they want, some people (like me) need to have it explained and steps. I try my best and that is all I can do!

Sorry K9 I can see where you are coming from, but no I meant the wording in the book is stupid, you always refere back to this and that. I just want the answers in a simple manner!

Have a great night K9
Back to top  
Rev.Vassago



Joined: 04 Apr 2006
Posts: 5369
Location: Green Bay, WI

Posted: Sun Nov 05, 2006 10:20 pm    Post subject:  

Dawn wrote: Because 1) it is legal to go in your sleeper and no one tells you or montiors you to be sleeping (even DOT will tell you that). I can say I am sleeping for 10 hours, but that does not mean I am sleeping. Why do you think they allow you to log off duty during your 10 hour break? Because they know you might not be sleeping 10 hours.

So let's change the story you started with a bit, and see if it changes the outcome:


The sun had just set on a cool April day, when truck driver Robert F. Spencer phoned his sister in Michigan. He was in Indiana, and, as authorities would later discover, had been driving his rig for the amount of hours that federal law allows, but had not slept during his "Off Duty" time. With the truck's windows down and its air conditioner on maximum, Spencer suddenly stopped talking. Minutes passed. Then, still listening to the phone line, his sister Nicole heard a bang.



Spencer, 37, of Canton Township, Mich., near Detroit, was arrested Friday, charged with five counts of reckless homicide for the April 26 crash that killed four students and a staff member from Taylor University and injured four others.

Details of the moments leading up and following the crash on Interstate 69 began to emerge Friday in court documents.

Prosecutors said Spencer never hit the brakes to slow his speeding truck until it crossed a median and slammed into the university's van.

After the accident, the trucker seemed confused. Witnesses reported that Spencer had fallen asleep at the wheel.

"Did I hit something? What happened? Who did this?" Spencer asked, according to court documents.


Nope - nothing changed. The kids are still dead, and he still would have gone to jail. :roll:
Back to top  
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Sun Nov 05, 2006 10:40 pm    Post subject:  

had been driving his rig for the amount of hours that federal law allows, but had not slept during his "Off Duty" time.

I never said if you are off duty this counts as sleeper time" I said you CAN NOT LOG OFF DUTY TIME WHILE BEING AT A CUSTOMER" You can be in the SLEEPER! Now PROVE TO THE COURT OF LAW you was not sleeping. Duh you are in the sleeper, do they have cameras in there spying on you? HELL NO! How they catch drivers falsifying their logs is
1) Qualcom records
2) drivers having the lack of TRAINING and knowing the facts of how they should be logging line 1,2, 3 & 4.
3) Drivers thinking they can log a 10 hour break while they are really driving during that 10 hr break!

So I don't know what you read, I never said log "off duty" I know what the hell I am talking about and just for your info " DOT stood in front of 50 people and said the same thing, go in the sleeper read a book, eat, we don't know what they are doing in the sleeper. Now send your company messages the whole time you are SUPPOSED TO BE TAKING YOUR 10 HR BREAK and they should (we will) shut you down for 10 more!

"If there is grammar issues please ignore as I am not good at grammar, "I appoligize" If there is something you don't believe then don't follow" If you find I am right after you got wrote up for it, I would love to hear from you, not to say I told you so, but rather to know I TRIED TO HELP YOU!"
Back to top  
Fozzy



Joined: 02 Sep 2005
Posts: 2460

Posted: Mon Nov 06, 2006 12:09 am    Post subject:  

Quote: {/b]
I never said if you are off duty this counts as sleeper time" I said you CAN NOT LOG OFF DUTY TIME WHILE BEING AT A CUSTOMER" You can be in the SLEEPER! Now PROVE TO THE COURT OF LAW you was not sleeping. Duh you are in the sleeper, do they have cameras in there spying on you? HELL NO! How they catch drivers falsifying their logs is
1) Qualcom records
2) drivers having the lack of TRAINING and knowing the facts of how they should be logging line 1,2, 3 & 4.
3) Drivers thinking they can log a 10 hour break while they are really driving during that 10 hr break![/b]

To be completely honest Nothing in the regs say ANYTHING about sleeping! you have to be RESTING. This covers everything including reading sleeping or watching TV. AND you CAN go off duty at a shipper or receiver if you have been relieved by them of all duties. The key here is that the DRIVER has the final and total control over the HOS. There is a reg (I'm not going to go look it up right now) that states that if the driver is too sick or tired to drive, then they MUST put themselves down for a break. The driver in question was a moron and deserves to have a sex starved bunkie in the big house. He is a murderer just as a drunk driver is!
Back to top  
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Mon Nov 06, 2006 5:29 am    Post subject:  

Yes Fozzy you are sort of right if you are sick, tired just not feeling up to par you should not drive and no one should force you to drive. Now the comment the Hours of service is ( Your comment:The key here is that the DRIVER has the final and total control over the HOS) As long as you stay UNDER or at the DOT regulation yes, but you can not drive over your hours because you feel like you can or because you are not tired.
I hope you are talking about staying under! Then if you don't run enough miles the company could well umm "fire" the driver. But you really have to just not be running to probably get fired over that!

And I have several drivers that tell customers they need to take a break because they are over their hours and if the customer says we don't allow drivers to break here, if you tell them it is against the law for you to make me leave here because I will be illegal and if I am in an accident "whoever" can sue you. Its like a bar letting a person leave drunk and the bar knowing they were drunk "the bar is responsible".
Now I see this ruling in the Canada regulations, I have not found it in DOT regulations, but the customers call the law and tell my few drivers that do this and say yes you are right go take your break. I would not get to pushy about it, but try it sometime! I have also had drivers say they tried it and the police was called, but I think the driver was probably rude about the situation! I would be interested to know if anyone tries it and find it out to be true, in the mean time I am going to send that ? to DOT!

Yeah we both agree on the sleeper issue! I agree with the statement about off duty while at the shipper. But both the company and the customer have to relieve of all duty. I say if there is a restraunt, shopping mail and they let you go over there, you should be alright but dot will question you about it, if you do it all the time!


The driver in question was a moron and deserves to have a sex starved bunkie in the big house. He is a murderer just as a drunk driver is!

Now the driver is just a truck driver and probably woke up thinking I am not tired etc.I can handle talking on the cell & be tired and make it safely. I have many that do that, Sad but true. The driver didn't wake up and say I want to kill 5 people and I am sure he feels really bad, but he should not have been running illegal! He probably doesn't deserve bubba, lets save bubba for the child molesters etc! l.o.l. :D
Back to top  
Fozzy



Joined: 02 Sep 2005
Posts: 2460

Posted: Mon Nov 06, 2006 3:37 pm    Post subject:  

A driver can take themselves off the road for ANY reason if they are not fit to drive. This includes being sleepy. The rules protect the driver from legal retribution for this. They probably do not protect them from getting fired, but there ya go. ANY driver who presses on when falling asleep instead of pulling off the road and sleeping is guilty of a crime IMHO. No where did I say anything about driving while in violation. This is obviously even more a reason to lock the moron up for murder.

The driver is guilty of murder in my opinion. Again, the driver made a concious decision to drive when he was obviously too fatigued or tired to drive. This is no different than the murderers who fill themselves with booze and hop in their cars and kill people. They deserve no pity, they deserve to eat crummy prison food and be abused and tormented for the rest of their lives
Back to top  
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Mon Nov 06, 2006 6:43 pm    Post subject:  

Yes Fozzy I agree! The only thing I was saying is child molesters and you know murder of innocent people should be saved for Bubba (Bubba needs a break sometime).
Yeah running illegal is pretty much the same as a drunk driver I TOTALLY AGREE. They actually say when you are tired you will drive like a drunk.

I don't want to be around Bubba or well what do you call the female that takes advantage of the girl? Is there such a thing?
Back to top  
Rev.Vassago



Joined: 04 Apr 2006
Posts: 5369
Location: Green Bay, WI

Posted: Mon Nov 06, 2006 7:25 pm    Post subject:  

Dawn wrote: I never said if you are off duty this counts as sleeper time" I said you CAN NOT LOG OFF DUTY TIME WHILE BEING AT A CUSTOMER" You can be in the SLEEPER!


The "stupid DOT" regs say otherwise:

Quote: §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;

Quote: Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?

Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.

4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

Any other "pearls of wisdom" you would like to give us? :lol: :roll:

Perhaps if you spent a little more time READING the "stupid" regs that you are trying to save us from, then you might not give out such mis-information. I will continue to call you out on this stuff, as long as you keep posting that dribble.
Back to top  
Dawn



Joined: 31 Oct 2006
Posts: 323
Location: Indianapolis, In

Posted: Mon Nov 06, 2006 9:46 pm    Post subject:  

unless the driver has been relieved from duty by the motor carrier;

"yeah maybe you should read the Q&A to that one in the FEDERAL DOT BOOK" if I had it here I would send it to you,but I will be glad for you to do the search for me!
lmao! So log it all on line 4, waste your money! I really don't care,NOT MY MONEY YOU ARE WASTING, Oh wait you are not even a TRUCK DRIVER!
Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?

Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.

4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

This is simple the company you work for should give you a card that allows all the above, oh sorry my company does!
Back to top  
Rev.Vassago



Joined: 04 Apr 2006
Posts: 5369
Location: Green Bay, WI

Posted: Mon Nov 06, 2006 10:22 pm    Post subject:  

Dawn wrote: "yeah maybe you should read the Q&A to that one in the FEDERAL DOT BOOK" if I had it here I would send it to you,but I will be glad for you to do the search for me!
lmao! So log it all on line 4, waste your money! I really don't care,NOT MY MONEY YOU ARE WASTING, Oh wait you are not even a TRUCK DRIVER!

I have read the interpretation for that, and there is no conflict with what I have posted.

Quote: Question 11: Must nontransportation-related work for a motor carrier be recorded as on-duty time?

Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term "work" as used in the definition of "on-duty time" in §395.2 of the FMCSRs is not limited to driving or other nontransportation-related employment.

As far as "wasting money", please enlighten us all as to how we are "wasting money" by following the letter of the law.....

And yes - I am a driver, and have proven this. My credentials are known here.

Quote: This is simple the company you work for should give you a card that allows all the above, oh sorry my company does!

There is no FMCSA regulation that requires a motor carrier to give the driver a "card" in relation to off duty time. They have the OPTION of doing so, and as a courtesy to DOT, provide a card to the driver, so they may show it to DOT in the event of a log book check.

Quote: Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?

Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.
Back to top  
yoopr



Joined: 01 Dec 2004
Posts: 12866

Posted: Tue Nov 07, 2006 12:23 am    Post subject:  

I just wonder why we're getting all of this "Information" when nobody asked for it. And from a Non-Driver no less.

oh sorry my company does!

I'm SURE the Card "Your" company gives is a card relieving the driver for 1 hour for Lunch.
Back to top  
 
       Trucking Forums Message Board, Truck Drivers Forums - Forum Index -> Rules and Regulations and DAC, oh my....... Goto page 1, 2, 3  Next
Page 1 of 3

Powered by phpBB 2.0.22 © 2001,2002 phpBB Group



Trucking Companies | Trucking Job Search | Online Job Application | Trucking Links | Truck Drivers Message Board | Forum Archives | Contact Us | Site Map


Truck Driving Jobs © 2003 ClassADrivers.com
Web Design By CAD Website Design | CAD Enterprises LLC
 
New Users Register Free Account Here | Existing Forum Members Log In Here
Home | About Us | Contact Us | Testimonials | Spell Check

Class A Drivers.com

Application          Company Listings          Job Search        Load Board