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Old 12-17-2008, 10:39 AM
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Default Tanker truck driver sentenced to 36 years

Miami News, Fort Lauderdale News, Florida News & Weather Channel 7 Fox Miami WSVN-TV - Tanker truck driver sentenced to 36 years
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Old 12-17-2008, 01:28 PM
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That seems like alot. I don't know any of the details of the accident,but a rollover from speeding on a ramp doesn't seem as negligent as the guy in Indiana that drove all those hours and fell asleep and killed all those college kids.

I'm not saying this guys doesn't deserve to be punished,he does,but 36 years?
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Old 12-17-2008, 01:44 PM
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Wow found the story,he got much less than I thought.

Quote:
Robert Spencer faced up to 24 years in prison. He pleaded guilty to 5 counts of reckless homicide and four counts of criminal recklessness resulting in serious bodily injury in the April 2006 crash.

A judge sentenced him to 8 years total but suspended 4 of them, which would be served on probation. A prosecutor says with time already served including time for good behavior, he will be eligible for release in about a year.
Trucker Sentenced in Taylor University Crash
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Old 12-17-2008, 01:55 PM
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Yeah...36 years is a tough sentence.

But the Judge was light on him. The guy could have received one year for each potential death he could have caused. Given the time of day, the location and traffic volumes, on top of residential or business occupancy....he got off very light.

What we do is routine. But when we mess up...what we mess up...it is worse than a guy hauling lettuce or strawberries.
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Old 12-17-2008, 03:10 PM
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Originally Posted by Orangetxguy View Post
What we do is routine. But when we mess up...what we mess up...it is worse than a guy hauling lettuce or strawberries.
yeah I try to remind myself of that.
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Old 12-17-2008, 04:56 PM
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Originally Posted by Orangetxguy View Post
Yeah...36 years is a tough sentence.

But the Judge was light on him. The guy could have received one year for each potential death he could have caused. Given the time of day, the location and traffic volumes, on top of residential or business occupancy....he got off very light.

What we do is routine. But when we mess up...what we mess up...it is worse than a guy hauling lettuce or strawberries.
True, but a tank does not have the same profile as the truck hauling strawberries. Lay a box down and you can catch more than one car. For that matter, if it's a load of hazmat that gets spilled, it could be just as bad as your tank. Doesn't matter what we pull, the potential to get into real trouble is always there.
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Old 12-17-2008, 09:54 PM
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Do they sentence people driving cars who roll it over on the on/off ramps to 36yrs....NO!...It does not make it less worse if you kill 10 persons or 1 ,and it does not matter if you do it in a ford excursion or a Pete 379 . I'm not defending the tanker driver ,but I'm saying that if rolling your Ford is not grounds for 36yrs in prison then it should'nt be when you roll the semi ...after all multi car pile ups that have injured and killed a handfull on the highways have been caused by compact cars ,so in reality it's not like it's any less dangerous rolling a honda on a busy road than a semi .
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Old 12-17-2008, 11:24 PM
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Originally Posted by BIG JEEP on 44's View Post
Do they sentence people driving cars who roll it over on the on/off ramps to 36yrs....NO!...It does not make it less worse if you kill 10 persons or 1 ,and it does not matter if you do it in a ford excursion or a Pete 379 . I'm not defending the tanker driver ,but I'm saying that if rolling your Ford is not grounds for 36yrs in prison then it should'nt be when you roll the semi ...after all multi car pile ups that have injured and killed a handfull on the highways have been caused by compact cars ,so in reality it's not like it's any less dangerous rolling a honda on a busy road than a semi .
The difference is that "we are held to a higher standard", that's why we have to get trained, schooled, pass tests, do an actual driving test and prove that we can handle a "commercial vehicle" that can and will weigh 80,000 lbs. We are considered "Professionals".....though unfortunately....some with a CDL can't seem to get a good grip on the notion.

If you pull a tank.....you have a greater responsibility. There is a difference between a tank and a box and an economy car. A tank can roll more than once, it can break open possibly. If its a hazmat load, then you have real problems. Even if its not a hazmat load....say 45,000 lbs + of motor oil, or vegetable oil and it gets loose on the road.....its really a big mess, and the resultant accidents are going to be numerous and have the potential to be very deadly.

Frankly, not everyone is "equipped" to handle a tanker. Especially a smooth bore (single compartment with no baffles)......many try, but can't deal with the surge or the handling characteristics. And thats where the "responsibility" kicks in.....
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Old 12-17-2008, 11:31 PM
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Originally Posted by Skywalker View Post
The difference is that "we are held to a higher standard", that's why we have to get trained, schooled, pass tests, do an actual driving test and prove that we can handle a "commercial vehicle" that can and will weigh 80,000 lbs. We are considered "Professionals".....though unfortunately....some with a CDL can't seem to get a good grip on the notion.

If you pull a tank.....you have a greater responsibility. There is a difference between a tank and a box and an economy car. A tank can roll more than once, it can break open possibly. If its a hazmat load, then you have real problems. Even if its not a hazmat load....say 45,000 lbs + of motor oil, or vegetable oil and it gets loose on the road.....its really a big mess, and the resultant accidents are going to be numerous and have the potential to be very deadly.

Frankly, not everyone is "equipped" to handle a tanker. Especially a smooth bore (single compartment with no baffles)......many try, but can't deal with the surge or the handling characteristics. And thats where the "responsibility" kicks in.....


The held to a greater responsibility is B.S. and laughable ,because if you can roll a car and simply get a careless ticket it should not be a 36yr criminal offense in a truck...Maybe it's just hard to swallow the professional responsibilty statement when many trucking jobs pay less than a non skilled warehoue job.
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Old 12-17-2008, 11:43 PM
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Quote:
Originally Posted by BIG JEEP on 44's View Post
Do they sentence people driving cars who roll it over on the on/off ramps to 36yrs....NO!...It does not make it less worse if you kill 10 persons or 1 ,and it does not matter if you do it in a ford excursion or a Pete 379 . I'm not defending the tanker driver ,but I'm saying that if rolling your Ford is not grounds for 36yrs in prison then it should'nt be when you roll the semi ...after all multi car pile ups that have injured and killed a handfull on the highways have been caused by compact cars ,so in reality it's not like it's any less dangerous rolling a honda on a busy road than a semi .
The difference is that "we are held to a higher standard", that's why we have to get trained, schooled, pass tests, do an actual driving test and prove that we can handle a "commercial vehicle" that can and will weigh 80,000 lbs. We are considered "Professionals".....though unfortunately....some with a CDL can't seem to get a good grip on the notion.

If you pull a tank.....you have a greater responsibility. There is a difference between a tank and a box and an economy car. A tank can roll more than once, it can break open possibly. If its a hazmat load, then you have real problems. Even if its not a hazmat load....say 45,000 lbs + of motor oil, or vegetable oil and it gets loose on the road.....its really a big mess, and the resultant accidents are going to be numerous and have the potential to be very deadly.

Frankly, not everyone is "equipped" to handle a tanker. Especially a smooth bore (single compartment with no baffles)......many try, but can't deal with the surge or the handling characteristics. And thats where the "responsibility" kicks in.....

Here are the Florida Statutes, and oddly enough....there is no citation in the law that differentiates between driving a car or a commercial vehicle....when one is charged with vehicular homicide, so it appears that the tanker driver was not "singled out" or made an example of....

Florida DHSMV - DUI and Adminisrative Suspension Information

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

* DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

* DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).

* Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

* Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Here's a link to an article where an Assistant US Attorney (US Gov't Federal Lawyer) got sentenced to 7 year for a vehicular homicide in FL....and since he got convicted of a "felony" in FL.....his "lawyer's license" went up in smoke as well.....so, when he gets out....he can mow lawns for a living......
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