It was said that "False Logs" couldn't get you in prison!

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  #21  
Old 11-20-2006, 04:56 PM
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Well,on the doors of the patrol cars,it has the outline of the state,along with Texas Department Puplic Safety. On the bottom of the door,it will have either,License & Weight,Safety Education,or Highway Patrol,but Ive never seen Texas Highway Patrol as the main logo. They may have some new logos,who knows.
 
  #22  
Old 11-21-2006, 12:20 AM
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Originally Posted by Jackrabbit379
Well,on the doors of the patrol cars,it has the outline of the state,along with Texas Department Puplic Safety. On the bottom of the door,it will have either,License & Weight,Safety Education,or Highway Patrol,but Ive never seen Texas Highway Patrol as the main logo. They may have some new logos,who knows.
Try

http://www.txdps.state.tx.us/tle/index.htm

kc0iv
 
  #23  
Old 11-21-2006, 01:27 AM
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Originally Posted by greg3564
The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!" :roll:

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.
Which has been my point all along, and yet Dawn just can't seem to get it.
 
  #24  
Old 11-21-2006, 03:54 AM
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do-do-do.....

.....really gettin' full off all this popcorn :lol:
 
  #25  
Old 11-21-2006, 07:04 AM
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Originally Posted by Useless
Why should that surprise you?? There is no such thing as the "Texas Highway Patrol"!!
Originally Posted by Jackrabbit379
Yeah,Rev,I just searched him,and the Ol'blue,USA site came up. I reckon,its legit,but that is the first time that I have seen,"Texas Highway Patrol." Must be a new division. Maybe it replaced,Texas Department of Public Safety. :|

http://www.olblueusa.org/AskTheLaw/index.html

:roll:
 
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Old 11-22-2006, 11:33 AM
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The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!"

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

395.8 Driver's record of duty status.



(e) Failure to complete the record of duty activities of this section or §395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to PROSECUTION. Yes I made that in all caps!



B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.


Nope you can't be charged with Criminal penalties :lol:
 
  #27  
Old 11-22-2006, 12:44 PM
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Originally Posted by Dawn
B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.
Please cite a link for this, as this wording appears NOWHERE in §395.8, nor does it appear in the interpretation for §395.8.
 
  #28  
Old 11-22-2006, 12:49 PM
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Originally Posted by Rev.Vassago
Originally Posted by Dawn
B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.
Please cite a link for this, as this wording appears NOWHERE in §395.8, nor does it appear in the interpretation for §395.8.
Go to this website:
http://www.fmcsa.dot.gov/rules-regul...s/hos-faqs.asp

Read General Provisions: B
 
  #29  
Old 11-22-2006, 12:49 PM
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Originally Posted by Dawn
The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!"

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

395.8 Driver's record of duty status.



(e) Failure to complete the record of duty activities of this section or §395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to PROSECUTION. Yes I made that in all caps!



B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.


Nope you can't be charged with Criminal penalties :lol:
I said you could be cited. However you have made previous statements that murder charges could be brought against a driver for log violations. Where is that information in your post?
 
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  #30  
Old 11-22-2006, 01:32 PM
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Originally Posted by greg3564
I said you could be cited. However you have made previous statements that murder charges could be brought against a driver for log violations. Where is that information in your post?
I also admitted that I was wrong about the criminal charges being brought against a driver for a logbook violation, when Dawn posted information about a case where it happened. But Greg is correct - the logbook violation is not going to result in a murder charge - the fact that the driver killed someone will result in the murder charge.


Dawn's claim is the same as claiming that someone who runs someone over in the middle of the street, and they find out the person was speeding. The fact that they were speeding does not make or break the murder charge, just as the logbook violation does not make or break the vehicular homicide case.
 

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