[lowrange]

Ex-Whole Foods driver falsified logs

By eTrucker Staff

A former driver for Whole Foods Market Group was convicted on charges of falsifying his logbooks in connection with a deadly accident with a bus that killed five people, according to the U.S. Department of Transportation's Inspector General's Office.

Michael J. Kozlowski was convicted May 13 after a two-day trial in U.S. District Court in Madison, Wis., on five counts of false statements regarding his record-of-duty status or daily logbooks, DOT-OIG says. According to court documents, it was alleged that from Aug. 31 to Oct. 11, 2005, Kozlowski falsified his daily logbooks by claiming that he had been in the sleeper berth for the required 10 hours when it later was determined that was not true, DOT-OIG says.

On Oct. 16, 2005, Kozlowski provided his daily logs, which were falsified, to a Wisconsin State Patrol Officer after being involved in a deadly accident in Eau Claire County, Wis., according to DOT-OIG. Kozlowski’s semi-tractor had veered off Interstate 94, tipped over and slid down the interstate on its side. Within seconds, a bus carrying the Chippewa Falls High School band members and staff struck the truck, causing the deaths of five passengers.

DOT-OIG says that in a post–trial interview, the jury foreman commented that the jury was convinced by GPS and electronic toll booth data that showed Kozlowski was driving during periods he claimed to be in the sleeper berth. Kozlowski’s sentencing has been set for July 24, according to DOT-OIG, which conducted the investigation.

Ex-Whole Foods driver falsified logs - eTrucker

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[sportster65]

This is not something that is new to the industry. I think most of us while going through training were taught to be very prudent when logging, & stay within your HOS. Falsifying implies that he intentionally manipulated his logs to show that he was compliant with HOS. So I am not sure how your title "Driver criminally convicted after doing a good job." fits in with fraudulant logs. It really is not that hard to run legal, it is very well spelled out and before you get your CDL you are supposed to know HOS. I really do feel for this guy, but if he did falsify his logs he was wrong, period. Five people are dead and a driver who may have beed tired, fatigued, or worse was behind the wheel. Five times in forty days shows that he intentionally tried to get away with beating the HOS laws. Once may have been an oversight, but five shows a pattern of deception.
Looking back I am certain he feels those few hours he may have gained behing the wheel are probably not worth it. The few $$$ he earned are now going to go to attorneys and the families of the victims. His family may lose everything they have and he will more than likely be separated from them for a very long time. The end result just does not justify the little gain he made by not being HOS compliant. Maybe he would have lost his job for not taking a load or a late delivery, but those are far better options than what he is facing now, for sure.
It is sad that drivers feel they have to cheat to make a dollar, the system is flawed, and drivers and trucking companies are equal in the blame. Drivers for running illegal, and the companies for asking them to do so. But as long as there are drivers willing and companies that will turn a blind eye to it, things like this will continue to happen.

[Hawkjr]

ummm.. where does he do the good job at?? and that is a major falsification.. he put he was in the sleeper berth while he was driving and going through tolls.. this isn't like he was in the truck stop buying food when he should of been on line one instead of two...

and i will admit there is times i run over my 14 and i usually am extremely carefully after that.. and if i do run over my 14 it's no more than for 15 mins or so...

[lowrange]

Originally Posted by sportster65

This is not something that is new to the industry. I think most of us while going through training were taught to be very prudent when logging, & stay within your HOS. Falsifying implies that he intentionally manipulated his logs to show that he was compliant with HOS. So I am not sure how your title "Driver criminally convicted after doing a good job." fits in with fraudulant logs. It really is not that hard to run legal, it is very well spelled out and before you get your CDL you are supposed to know HOS. I really do feel for this guy, but if he did falsify his logs he was wrong, period. Five people are dead and a driver who may have beed tired, fatigued, or worse was behind the wheel. Five times in forty days shows that he intentionally tried to get away with beating the HOS laws. Once may have been an oversight, but five shows a pattern of deception.
Looking back I am certain he feels those few hours he may have gained behing the wheel are probably not worth it. The few $$$ he earned are now going to go to attorneys and the families of the victims. His family may lose everything they have and he will more than likely be separated from them for a very long time. The end result just does not justify the little gain he made by not being HOS compliant. Maybe he would have lost his job for not taking a load or a late delivery, but those are far better options than what he is facing now, for sure.
It is sad that drivers feel they have to cheat to make a dollar, the system is flawed, and drivers and trucking companies are equal in the blame. Drivers for running illegal, and the companies for asking them to do so. But as long as there are drivers willing and companies that will turn a blind eye to it, things like this will continue to happen.

That's a great sermon. Do you preach on the side?

I don't know his state of mind that day, but at least four of those falsifications had nothing to do with it. I do know this, you have never driven tired and I commend you for that.

I guess you never had a day when you were poking along, stopping every hour to check the internet or trim your eyebrows, and then later you just drew one line across as if you had driven four or five hours straight. In fact, you aren't like all the people Rutherford was talking about at all. If you get to a consignee seven hours before unloading, by golly you go some place and wait 10 hours before driving again. You are great.

I totally admire guys who fill out their logs by looking down at their wris****ch instead of taking their calculators and dividing the miles by a legal speed and drawing that. Of course, that's the way I do it...

[lowrange]

Originally Posted by Hawkjr

ummm.. where does he do the good job at?? and that is a major falsification.. he put he was in the sleeper berth while he was driving and going through tolls.. this isn't like he was in the truck stop buying food when he should of been on line one instead of two...

and i will admit there is times i run over my 14 and i usually am extremely carefully after that.. and if i do run over my 14 it's no more than for 15 mins or so...

Hmpf. Do you go to his church?

EZ pass, it' not like his toll receipt didn't match up. You're another one, you wouldn't somehow make 7 hours in the sleeper look like 10 so you didn't have to spend 10 hours in the middle of the following day doing nothing, certainly not sleeping. How much time doing paperwork would you say you log on line 4 in one week? (we wouldn't want anyone to get tired, you know?)

The first church of the wholly self-righteous. I'd like you guys to call Rutherford, he knows a lot but I don't think he has ever heard of you.

[Hawkjr]

Originally Posted by lowrange

Hmpf. Do you go to his church?

EZ pass, it' not like his toll receipt didn't match up. You're another one, you wouldn't somehow make 7 hours in the sleeper look like 10 so you didn't have to spend 10 hours in the middle of the following day doing nothing, certainly not sleeping. How much time doing paperwork would you say you log on line 4 in one week? (we wouldn't want anyone to get tired, you know?)

The first church of the wholly self-righteous. I'd like you guys to call Rutherford, he knows a lot but I don't think he has ever heard of you.

WTF?? im lost..

[lowrange]

Originally Posted by Hawkjr

WTF?? im lost..

Rutherford made it sound like it's pretty normal that the logs don't match the reality. Over a 40 day period, they only found or made note of 5 discrepancies. He didn't have an accident for 40 days, he had an accident only one day. Maybe he was tired, huh? But, Rutherford says everybody drives tired at one time or another.

:bow: I just think he needs to meet you and sportster65.

[GMAN]

Ex-Whole Foods driver falsified logs

By eTrucker Staff

A former driver for Whole Foods Market Group was convicted on charges of falsifying his logbooks in connection with a deadly accident with a bus that killed five people, according to the U.S. Department of Transportation's Inspector General's Office.

Michael J. Kozlowski was convicted May 13 after a two-day trial in U.S. District Court in Madison, Wis., on five counts of false statements regarding his record-of-duty status or daily logbooks, DOT-OIG says. According to court documents, it was alleged that from Aug. 31 to Oct. 11, 2005, Kozlowski falsified his daily logbooks by claiming that he had been in the sleeper berth for the required 10 hours when it later was determined that was not true, DOT-OIG says.

On Oct. 16, 2005, Kozlowski provided his daily logs, which were falsified, to a Wisconsin State Patrol Officer after being involved in a deadly accident in Eau Claire County, Wis., according to DOT-OIG. Kozlowski’s semi-tractor had veered off Interstate 94, tipped over and slid down the interstate on its side. Within seconds, a bus carrying the Chippewa Falls High School band members and staff struck the truck, causing the deaths of five passengers.

DOT-OIG says that in a post–trial interview, the jury foreman commented that the jury was convinced by GPS and electronic toll booth data that showed Kozlowski was driving during periods he claimed to be in the sleeper berth. Kozlowski’s sentencing has been set for July 24, according to DOT-OIG, which conducted the investigation.




I don't see why falsifying a log book on other occasions should have anything to do with whether he was guilty on this occasion. I understand that it could be used to show a pattern of behavior, but whether he falsified his log book or not on this particular occasion should have been more the issue than what he did during the last 40 days. Fatigue may or may not have had anything to do with this accident. The way the current hos are set up it would not be out of the question for anyone to be fatigued and still be running compliant. It doesn't matter whether you run compliant or have EOBR's, it is still up to the driver to decide when he is too tired to run. There could have been other factors involved in this incident. If a driver is involved in an accident and his log book is out of order then it is an easy conviction whether the driver is actually at fault or not. Fatigue is not something you can regulate.

[Hawkjr]

Originally Posted by lowrange

Rutherford made it sound like it's pretty normal that the logs don't match the reality. Over a 40 day period, they only found or made note of 5 discrepancies. He didn't have an accident for 40 days, he had an accident only one day. Maybe he was tired, huh? But, Rutherford says everybody drives tired at one time or another.

:bow: I just think he needs to meet you and sportster65.

still lost... i'm just going off your title which says.. "Driver Criminally Convicted after doing a good job", i don't understand your argument if it don't goes with the title..

[lowrange]

Originally Posted by Hawkjr

still lost... i'm just going off your title which says.. "Driver Criminally Convicted after doing a good job", i don't understand your argument if it don't goes with the title..

It was irony. Of course you didn't get it, the only thing you've ever done wrong is to go 15 minutes over you 14, most certainly because every time you pulled into a rest area it was full and guys were parking next to 'no parking' signs. The thread and the title were intended for the mere mortals amongst us.