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icedtea58
Joined: 06 Mar 2008
Posts: 2
Location: Menasha, WI
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| Posted: Sat Apr 05, 2008 10:53 am Post subject: company violates FMCS 49CFR393.203 |
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if a company violates FMCS 49CFR393.203 parts and accessories necessary for safe operation by not replacing a jammed driver door preventing entry/exit then the operator/driver is later involved in a backing incident/accident who is at fault?
This occurred while i was training with the trainer sitting in the second seat.
He told me i was crooked and he stood up and moved to the sleeper berth area and as he did that i hit the parked tanker next to me.
this happened in a truck stop and was non reportable DOT; no citations issued. damage was approx. $2000.00
Should the company be sited for violating FMCS 49CFR393.203 and take responsibility for this incident or am I still at fault? |
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dle
Joined: 03 Jan 2005
Posts: 733
Location: Texas
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| Posted: Sat Apr 05, 2008 11:21 am Post subject: |
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Who was the one doing the back?
How does the door problem fit into the problem with the back? |
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got mud?
Joined: 27 May 2006
Posts: 243
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| Posted: Sat Apr 05, 2008 11:25 am Post subject: Re: company violates FMCS 49CFR393.203 |
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icedtea58 wrote: if a company violates FMCS 49CFR393.203 parts and accessories necessary for safe operation by not replacing a jammed driver door preventing entry/exit then the operator/driver is later involved in a backing incident/accident who is at fault?
This occurred while i was training with the trainer sitting in the second seat.
He told me i was crooked and he stood up and moved to the sleeper berth area and as he did that i hit the parked tanker next to me.
this happened in a truck stop and was non reportable DOT; no citations issued. damage was approx. $2000.00
Should the company be sited for violating FMCS 49CFR393.203 and take responsibility for this incident or am I still at fault?
anytime you operate a CMV and damage is caused by your actions or inactions you will be at fault. to answer your question if the door not opening made it so you couldn't GOAL (which is what i'm assuming you are implying by bringing it up) then you should have refused to operate the vehicle. when the trainer got up to move and blocked your view of the mirror you should have STOPPED the truck and waited until you could see (I assumed thats why you brought up the trainer)
basically if you choose to operated the vehicle you are saying that it is fit to operate. even if your trainer or someone is guiding you into the spot and you hit something YOU are still at fault. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4653
Location: East Central IL between the corn and the beans
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| Posted: Sat Apr 05, 2008 12:28 pm Post subject: |
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Mud is totally correct on this.
The person behind the wheel is ultimately responsible for everything.
Sure the owner of the truck may have violated a regulation, however, as the old saying goes. Two wrongs do not make it right. |
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flood
Joined: 16 Jan 2007
Posts: 591
Location: tennesse
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| Posted: Sat Apr 05, 2008 12:46 pm Post subject: |
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| i agree with utrun and mud, you were the one behind the wheel and you hit something it's your fault. yes they should have fixed the door. but you and your trainer both knew it was not working so you could have been cited for defective equipment... |
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icedtea58
Joined: 06 Mar 2008
Posts: 2
Location: Menasha, WI
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| Posted: Sat Apr 05, 2008 3:39 pm Post subject: Re: company violates FMCS 49CFR393.203 |
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got mud? wrote: icedtea58 wrote: if a company violates FMCS 49CFR393.203 parts and accessories necessary for safe operation by not replacing a jammed driver door preventing entry/exit then the operator/driver is later involved in a backing incident/accident who is at fault?
This occurred while i was training with the trainer sitting in the second seat.
He told me i was crooked and he stood up and moved to the sleeper berth area and as he did that i hit the parked tanker next to me.
this happened in a truck stop and was non reportable DOT; no citations issued. damage was approx. $2000.00
Should the company be sited for violating FMCS 49CFR393.203 and take responsibility for this incident or am I still at fault?
anytime you operate a CMV and damage is caused by your actions or inactions you will be at fault. to answer your question if the door not opening made it so you couldn't GOAL (which is what i'm assuming you are implying by bringing it up) then you should have refused to operate the vehicle. when the trainer got up to move and blocked your view of the mirror you should have STOPPED the truck and waited until you could see (I assumed thats why you brought up the trainer)
basically if you choose to operated the vehicle you are saying that it is fit to operate. even if your trainer or someone is guiding you into the spot and you hit something YOU are still at fault.
Thank you, Super Trucker! I respect your reply. Being new in the industry there are many things I should have questioned that I did not. Now it may be too late. And thank you for your response. |
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Fozzy
Joined: 02 Sep 2005
Posts: 2460
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| Posted: Sat Apr 05, 2008 3:58 pm Post subject: |
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| I must be missing something.. where in the FMCSR makes backing into something either a door or a company's fault? You backed into something and the trainer was not where he should have been. Be honest and just accept the fact and learn from this. I hope you didn't mention this regulation to the company already and try to blame them for your mistake. This half baked accusation is not the way to be seen as anything but a danger to the company. |
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Rev.Vassago
Joined: 04 Apr 2006
Posts: 6006
Location: The other side of the coin
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| Posted: Sat Apr 05, 2008 6:03 pm Post subject: |
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Fozzy wrote: . Be honest and just accept the fact and learn from this.
He already has, in the post above yours. |
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headborg
Joined: 06 Nov 2007
Posts: 1218
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| Posted: Sat Apr 05, 2008 11:36 pm Post subject: |
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Being that you were the trainee--second seat driver--- It looks bad on your Trainer that HE allowed/continued to operate a vehicle in violation of safety regulations.... I would hope that you repeatedly noted the defect on YOUR log book each and every day.
Also, as your trainer--- his truck--- your company should disqualify him- assign safety points against HIM. Trainers are not suppose to "give the trainee enough rope to hang themselves"
but you were ultimately responsible-- if you were driving a pete 379 and needed to open the door to change the angle of the mirror but couldn't- and couldn't climb out the driver side door to G.O.A.L.-- again-- it's your fault. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4653
Location: East Central IL between the corn and the beans
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| Posted: Sun Apr 06, 2008 6:40 am Post subject: |
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Well folks, just because the drivers side door would not open it did not stop him from doing a G.O.A.L.
The passenger door worked. Yes, it is a pain to climb over and out, but it can be done. Been there done that and got the t-shirt and all that myself. |
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