[Useless]

Originally Posted by Sealord

"It is criminal to record someone without their knowledge and consent". Not in all states. BOL

Not so in Texas; The law here in Texas only requires that one of the callers be aware that a call is being recorded. You do not need to inform the other party, nor do you need to obtain their consent!!

No "Truck Stop Lawyering" here; my attorney has researched this matter thoroughly.

[GMAN]

Laws governing taping of conversations can vary from one state to another. If you plan on recording conversations without the other parties knowledge, you should be familiar with the state in which you are recording if you plan on using the tape.

[kc0iv]

Originally Posted by kenworth75

Even if one does record what the company says with a tape recorder, means nothing. It is criminal to record someone without their knowledge and consent.

A few quotes from the website: http://www.rcfp.org/taping/

"Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call."

"Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)"

"Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping."

kc0iv

[neverbeenlate]

I think that we have gotten off course. I think the message being sent in this post is you are responsible for your load period. There are more and more companies adopting a policy that no one takes a load home with them for this very reason. As to whether you can record conversations or not what is the difference. You will spend more in legal fees trying to fight your own lack of common sense than it would have cost you anyways.

[ssoutlaw]

The original topic started in another thread, and was stated by the author, that his company allowed him to leave his equipment during his home time. Then all our holier than tho self proclaimed, all knowing CAD forum Gods chimed in to pick apart his post. The KEY word here was, he was told OK to park there, and there are companies who will let you do this! There is no place on this earth, regardless of what some think, that your truck and trailer will be safe from thieves. Then I brought up another point for the nitpickers sake about being off duty, and what off duty really means? Some of these CAD member Gods here wont even think, or even want to know what off duty really means! I think they should really read up on the labor laws in this country, because an employee cannot be held liable financially responsible unless negligence can be proved. To do this, the original poster left out 1 fact in his post, did he have permission from the landowner? He did not say!
Now lets talk about where you can legally park your equipment, which is hard in some cities. I live in Indianapolis, and the law states you may park anywhere in a legal place, but dropping your trailer is a NO NO. Now not all cities in the Indy area will enforce it. Not everybody works for a company in their hometown, and drivers need to get away from the truck once in awhile, so parking in a legal place on a city street is not negligence! If a company doesn’t want you to park anywhere but their yard, this is their right, now they can make arrangements for you to get home. This is the problem companies have by hiring outside of their area. The point I am getting at is you can park a vehicle in a legal place and your still taking the chance of it being stolen. What’s the difference if it’s a 50k car in a supermarket parking lot or a truck and trailer on the street; this is what insurance is for. Unless you leave your equipment, lets say in the Bronx in NY where you know its a high crime area, you cant live your life like a scared little boy. Nothing can be said to bring some of you down off your high horses, your here to create grief and really don’t have a clue. I’m done with this thread, its still going nowhere!!!!

[ssoutlaw]

Originally Posted by neverbeenlate

I think that we have gotten off course. I think the message being sent in this post is you are responsible for your load period. There are more and more companies adopting a policy that no one takes a load home with them for this very reason. As to whether you can record conversations or not what is the difference. You will spend more in legal fees trying to fight your own lack of common sense than it would have cost you anyways.

I cant believe you would leave your equipment for a week, and still have the balls and talk about common sense, this is what you said in another post!

neverbeenlate

Rookie


Joined: 07 Dec 2006
Posts: 45
Location: somewhere in this beautiful country

PostPosted: Sat Jan 27, 2007 9:22 pm Post subject: Reply with quote

You can park at the flying j or the pilot across the street. That is where I park and it has been for over a week at certain times. Hpoe this helps. exit 322 of off I-94.
_________________
DEM

Screwed the pooch on that one...lol Now Im gone......

[LandstarPete]

Originally Posted by Sealord

"It is criminal to record someone without their knowledge and consent". Not in all states. BOL

FYI...
In the state of Ohio, only one party of the call must have knowledge of the recording...

[neverbeenlate]

I was lucky enough not to have anything stolen plus if I had something stolen I would have taken responsibility and not come on here and whine about it. so shut your pie hole because the thread that was posted in was about someone asking where they could park their truck in my area not about securement of a load.

[ssoutlaw]

Originally Posted by neverbeenlate

I was lucky enough not to have anything stolen plus if I had something stolen I would have taken responsibility and not come on here and whine about it. so shut your pie hole because the thread that was posted in was about someone asking where they could park their truck in my area not about securement of a load.

If you would have had something stolen, you would have bitched and bellyached, and moaned and groaned and even lied to your company telling them you parked it in a legal place and all your trucker friends would watch it...lol...lol You talked about common sense in 1 post and then that same common sense is out the window in another post later. I'm just spouting like all the rest, you know, pick your post apart type of thing...lol Oh, and by the way, I have managed to stay in good shape for 50yrs so pie is to fatty, and don't like all the sugar, so I don't eat pie therefore I have no pie hole to shut :roll:
Here's a company that lets you take your truck on hometime:
http://www.classadrivers.com/phpBB2/...=234460#234460

"YoungZ.W.

Rookie


Joined: 06 Jan 2007
Posts: 30
Location: Coshocton, OH

Posted: Wed Jan 31, 2007 1:05 pm Post subject:

You can take your truck home with you. They have a take the truck home policy or you can leave it at the terminal if you want to, it doesn't really matter. It is best to take the tractor home with you if you can. Some of the drivers that take their trucks home use them as personal vehicles while some take them home so they don't waste their own gas._________________Please help this young pup learn the ways of the road!!!!!!!!

They were talking about USX, this is nothing new in the trucking Industry, If you park legally, and it gets stolen, you call the cops and report it, then hopefully they find the person responsible and prosecute them. How does any of this have anything to do with the driver!!!!

[Snowman7]

To get back on topic. I dont want to argue or namecall I just want to debate the subject. So lets keep it clean. The driver in question had permission from his company to park there. He was also told the load did not require tarping. Based on what HE said, I think he used reasonable care. We dont really know exactly how it happened. Assuming a driver uses reasonable care he should not be held financially responsible. Getting away from this particular driver let me explain why. When someone goes into business they they stand to make a great profit or suffer huge risk and loss. That is the gamble they take. A driver is just an employee trying to make a living. He chose a less risky path. Why as a driver would you assume liability for thousands of dollars in exchange to make a couple hundred dollars to deliver a load? There is a grey area between reasonable care and neglect that can be hard to define. Drivers take too much abuse and mistreatment from these employers. Mostly the sitting around for hours being unpaid but there are other mistreatments that would fill a whole new thread. What if a production worker made a mistake that shut down the assembly line for 3 hours? Would he be charged for lost production? Probably not. He would be paid for his time on the clock and then a decision would be made to fire him or not. Let me ask you this. If the trucking co. owner had great success and was made a buyout offer that allowed him to retire in luxury would he share it with you? No! Of course not. He took all the risk by going into business and reaps all the reward. But he built his business on the backs of his employees. My point is you dont share in the profit so dont participate in the loss. You desrve to get paid for your time and if you dont perform your job properly you deserve your last paycheck and a pink slip. If I wanted to assume the risk I would start my own company. I dont. And why should the driver be financially responsible all weekend on his own time? Maybe some of you enjoy living in your truck but for me its just a way to put food on the table. If my deal says I go home every weekend and my company decides to load me that's their risk. My personal time with my family comes first. We give away too much free time as it is. Like I said on the original post, its not like the driver was sitting in a bar getting drunk on the way to deliver. We can debate reasonable care and neglect for ever but the point is dont be their business partner when there's a loss and just an employee when there's a profit. They locked the original thread so try and keep it civil.