Myth_Buster

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  #31  
Old 10-22-2006, 05:38 PM
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Originally Posted by Windwalker
Just out of curiousity... How can he report anyone from the forums? He needs a name to do that.
He has a name, because the user had given the information at one time.

Here - take a look for yourself.

http://roundtable.truck.net/viewtopi...966&highlight=
 
  #32  
Old 10-22-2006, 07:21 PM
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I could be wrong, but after reading that thread, he sure does come across like an attorney to me. And, he's been there since 2002? He knows EXACTLY what he's doing. And, now I know why he won't answer my questions. They do not serve his purpose. There's no violation indicated in them. Discussion of my topics isn't likely to bring out any violations. He's looking for HOS violations and other things that can be used in a court. And, he's VERY SHREWD. If he answers my questions, he's going to be helping us out. That's not his purpose.

He engages in a discussion with someone, and about all the information he gives out is quoting rules and regs. What he's giving out is already public knowledge. But what he's getting back in return is not public knowledge until he gets it.

Think about it. If he really was FMCSA, he would not have to file any complaint. He has the authority to take care of the matter himself. Or simply pass the info on to a jurisdiction that is much closer to the other person's location. An attorney, on the other hand, would have to pass the information along proper channels. The more I get to know about him, the more he comes across as a lawyer. And if he's representing one of the special interest groups, he'll have the rules and regs he's interested in at his fingertips. He also sounds like he's thoroughly versed in them.

I was hauling a permitted load once. (OW, not OD) Motor Carrier Enforcement had to refer to a book to make sure I was legal with the permit. when my gross was 89K. Until he did that, he didn't know that as long as none of my axles was over 20K, I was good to go. This guy knows exactly which rule he wants to quote and what it covers.

His information on the compensation is accurate, but open to interpretation. While Red Cross operates from donations from the general public, the company mentioned in the thread receives it's support from a few companies, which could be considered to be "hired" by those companies. It all depends on which way the attorney wants it to appear in court. If it were public donations from all across the country, it would be a different matter.

One, less than well chosen, word in a document can change the whole thing. One company, where I worked, had a job that was done exceptionally well. To thank us for our work and give us a pep-talk too, they rented a banquet room, catered in a meal with prime rib. They gave each of us a memo that said "All employees are expected to attend". That meant that they had to pay us for the 5 hours we all were there. If it had said "invited, no problem. But the word "expected cost them a couple of thousand dollars more, on top of the meal. It takes an attorney to realize something like that. And this guy can pick apart each rule, one word at a time.

Be very careful what you say to him.
 
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  #33  
Old 10-22-2006, 07:41 PM
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yoopr

His "Photographic Memory" was his copy and paste jobs with the Regs and when some of us who have actually driven for quite awhile picked up on some of his Falacies his ego couldn't handle it.
No photographic memory, just knowledge of the applicable rules and where to find them. Nothing personal but this site is too slow, stopping in every couple of weeks is enough for me. :wink:

Useless:

What floored me was when he listed his qualifications as having "been around trucks" for how ever many years, and how he had "ridden in a logging truck with his dad" when he was a kid!!!
Better read again. I stated uncles. Washed trucks, helped load and unload, helped use the crane to load the logging trailer on to the front tractor. It’s amazing what you can learn if you choose. I can remember when “High” gear didn’t stand for the top gear in the transmission. It's amazing how fast you can coast down some of the hills on I-80 between Sacramento and Reno. As a passenger, it sometimes worried me.

Rev

He has taken to reporting people to the FMCSA based upon what they post on Trucknet, and is defending his actions over there for doing so that it will "make the highways safer".
No Rev, TransAlive was reported because I researched the company and found issues of non-compliance. In August TransAlive was contacted and asked to comply. As of October there has been no response and no indication TransAlive was considering complying.

I know the admins of Trucknet are none too happy with it either.
Oh and how do you know that Rev? Have the post been deleted? Was the topic locked? Did you receive a PM from Rose? No one’s said a word to me, except for you.

WW

That sounds more like an INFILTRATOR than FMCSA. I'd say he's a fake. He's trying to impress someone, or he's trying to get information on drivers to use against us the next time P.A.T.T and C.R.A.S.H. go into court. He could be one of their attorneys. I've talked to DOT Officers about a few of those things, and none of them ever said anything about contacting any information officer in Washington D. C. They did try to offer an explaination or said they didn't know. One guy in NM was a little short guy, not much bigger than my wife, and he did answer one of my other questions. Nothing about contacting anyone else. But, it sounds like we need to be a little bit careful what we say on here too. He can come back anytime and read what we say without responding, and get what ever information he wants to make use of. Sort of like the idiots that talk about logbooks on the CB. A good DOT can just about pick out what truck is doing the talking. If he misses the right one, he can get a look at me while he's looking for the other guy.
Scale officers and roadside officers are state employees, not federal employees. The federal government issues grants to states for CMV safety. The people who work in Washington DC at the numbers provided are responsible for the program described. Who better to talk to for the whys and why nots?

Just out of curiousity... How can he report anyone from the forums? He needs a name to do that. Not just a screen name. For example, WindWalker could be anyone. Young, old, blonde hair, grey or white hair, full beard and mustache, pony-tail half way down my back, or a Kojak hair-do. He can't turn anyone in that way. Not enough to go on. But... In putting together a case for Federal Court arguements, he can get facts in general. He would be able to say that "drivers do this, and drivers do that." He can use that to embellish his arguements in a court of law. he could also use it if he were to represent a 4-wheeler in a case against an 18-wheeler. I don't think he's turning anyone in, but he's instigating a discussion so that he gets information that can be used against drivers of CMVs.
Rev mistakenly says:

He has a name, because the user had given the information at one time.

Here - take a look for yourself.
I knew because I researched Transalive. Believe it or not Transalive has a web site and has been written about in multiple trade publications. Mr. Hataway provided information directly from Transalive’s web site revealing who he was:

TransAlive USA

Rev doesn’t pay very close attention sometimes and misses vital clues.

WW

If he's been riding in trucks, and been around trucks, pin him down. Ask him specific questions about particular aspects of a truck. Something that he would have to have been in one to know about. Like, on the old Macks. Which shifting lever did what. Something that he would have to have been IN a truck to know. While we're trying to answer questions for each other, he can use any information he wants against the industry.
I drove military trucks with a five speed and two speed rear end, Volvos with Volvo transmissions and exhaust brakes that I didn’t care for, the exhaust brake required the RPMs to be too high for me to feel comfortable so I kept her low and slow. The Volvo Transmission required use of the clutch there was no floating of the gears. If memory serves me right it was 1-2, 34, 5-6, 7-8, 9-10, 11-12. We had tandems axles with single drives around Denver. The tandems were experimented both ways, the front axle pulling and the rear axle pushing. Neither configuration worked worth crap because as soon as one drive tire was off the ground you were stuck. I also drove Freightliner flat tops, International COE, GMC Whites, and other Volvos with regular configurations. I can remember having to back to a trailer, connect the air lines, charge the trailer’s air system, set the trailer’s parking brakes, then back under the trailer. That was before mechanical parking brakes were required and failure to do as described resulted in chasing trailers because the air had beld off and there was no air holding the parking brake.

I've talked to State Police, Motor Carrier Enforcement, scale masters, and they are required to enforce the laws as written, but tend to be on our side. I don't know whose side this guy is on, but it's not ours.
People amaze me; I provide technical advice on the FMCSR with no strings attached. I provide direct quotes from the FMCSR so people can read the regulations for their self and make a sound decision based on what they know not what some one told them. No one is standing in front of you threating to write you a ticket. :roll:

You people are way too paranoid.

If I had stopped in to visit I would have responded. However, as mentioned before this site is slow. In the week I've been gone there has been two new topics and maybe 15 responses to other topics. Why should I repeat myself re-emphasizing the same information 12 different ways? I've learned to ignore the majority of Rev's post. He has his panties in a wad over who I am. That's his problem.

If you have a pressing problem and want an immeadiate response PM me or let me know there's a topic you want a response to and I stop by. Other wise it may be a week or so before I stop in. I've been here since July 2006 and will continue to drop in from time to time.

Be safe.
 
  #34  
Old 10-22-2006, 07:49 PM
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Originally Posted by Myth_Buster
Rev

He has taken to reporting people to the FMCSA based upon what they post on Trucknet, and is defending his actions over there for doing so that it will "make the highways safer".
No Rev, TransAlive was reported because I researched the company and found issues of non-compliance. In August TransAlive was contacted and asked to comply. As of October there has been no response and no indication TransAlive was considering complying.

I know the admins of Trucknet are none too happy with it either.
Oh and how do you know that Rev? Have the post been deleted? Was the topic locked? Did you receive a PM from Rose? No one’s said a word to me, except for you.
Actually, I did receive a PM from Rose regarding this very thing, and she was none too happy with it.


Rev mistakenly says:

He has a name, because the user had given the information at one time.

Here - take a look for yourself.
I knew because I researched Transalive. Believe it or not Transalive has a web site and has been written about in multiple trade publications. Mr. Hataway provided information directly from Transalive’s web site revealing who he was:
How am I mistaken? He provided you with the information that revealed who he was, and who he was affiliated with. You then took it upon yourself to use the information in his posts to warrant an investigation into TransAlive.
 
  #35  
Old 10-22-2006, 08:01 PM
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How am I mistaken? He provided you with the information that revealed who he was, and who he was affiliated with. You then took it upon yourself to use the information in his posts to warrant an investigation into TransAlive.
The investigation started in July 2006. Please provide a link to information where Mr. Hataway exposed who he was in July?

From an e-mail sent 08/07/2006:

Mr. Hataway, a search of the US DOT’s www.safersys.org did not reveal a US DOT number when I used TransAlive for a search of the database.

Does TansAlive have a US DOT number?

Does TransAlive have the necessary regulatory practices in place, i.e. hours of service, driver qualification, drug and alcohol testing, and maintenance files?


§390.3 General Applicability

Question 3: Are the operations of a church which provides bus tours to the general public for compensation subject to the FMCSRs as a for- hire motor carrier?

Guidance: Yes, the church is a for-hire motor carrier of passengers subject to the FMCSRs.

Question 7: Are Red Cross vehicles/drivers subject to the FMCSRs?

Guidance: Red Cross vehicles/drivers used to provide emergency relief under the provisions of §390.23 are not subject to the FMCSRs while providing the relief. However, these vehicles/drivers would be subject when operating at other times, provided they are used in interstate commerce and the vehicles meet the definition of a CMV.

Question 18: Are persons who operate CMVs for the personal conveyance of their friends or family members "private motor carriers of passengers (nonbusiness)" as defined in §390.5?

Guidance: No. Nonbusiness private motor carriers of passengers (PMCPs) do not include individuals providing personal conveyance of passengers for recreational purposes. A nonbusiness PMCP must be engaged in some group activity. For example, organizations that are exempt under the Internal Revenue Code (26 U.S.C. 501) and provide transportation for their members would generally be considered nonbusiness PMCPs: Religious, charitable, scientific, and educational organizations, scouting groups, sports clubs, fraternal societies or lodges, etc.

I look forward to your response. With your level of sponsorship and public activities your operation falls under federal and state jurisdiction. There are also rumors you run RV plates on your coach, there maybe issues with local laws in this matter.

If I haven’t heard back from you in the next seven to ten days an official compliant will be filed with the appropriate state and federal agencies.

Sincerely;
If Rose sent you a PM it was because you asked a question. I received a PM from a Moderator who supported the investigation. :roll:

Be safe.
 
  #36  
Old 10-24-2006, 03:37 PM
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Well, M.B., your last posting was at 2:01A.M. Were you at work at that time??

What type of work, and what job title at FMCSA would have you awake at such an hour????

Ummm,.......... Let's see now...... Oh!!! I've got it!!!!!

MYTH_BUSTERS
United States Department of Transportation
FMCSA
ASSOCIATE DEPUTY CUSTODIAL CONSULTANT
 
  #37  
Old 10-24-2006, 03:49 PM
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I have alot to say about all this but Alas I can't :cry:
EXCEPT be Very careful about giving personal Info out on who you drive for on here and Elsewhere.
 
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  #38  
Old 10-24-2006, 04:41 PM
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Originally Posted by yoopr
I have alot to say about all this but Alas I can't :cry:
EXCEPT be Very careful about giving personal Info out on who you drive for on here and Elsewhere.
I know that you have a valid point here, Yooper, but I really think that MYTH_BUSTER is nothing more than a poser; a living legend in his own mind!!
 
  #39  
Old 10-24-2006, 04:43 PM
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ya think? Hope you're right.
 
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  #40  
Old 10-24-2006, 04:45 PM
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Originally Posted by yoopr
ya think? Hope you're right.
Oh, he's an expert on Crane Operations as well.... remember???? He was "around them, too!!!....Probably moomlights over at OSHA :P
 

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