Dumb drivers...
#41
rev your the first person to read things black and white. now your reading into things? none of those answers is a CLEAR yes or no. they are easily deniable. for instance say it is proven that he never has done a roadside inspection, he could easily say I never said I did one I only stated that we are required to do inspections. (not saying I don't believe him) his statement doesn't say they are real road side inspections. for all we know they could be refresher inspections done on a range or class room setting or he could be tailing along with another person watching the inspection. I believe that is golfhobo's point. his answers leave a lot of wiggle room. something government personal a famous for. and if you have ever worked in that environment you would know how easy it is to get shafted with things like that.
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#42
My bad...I didn't see that earlier! So sorry. So sorry!
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#43
I don't see that I read anything into it. He clearly stated that inspectors are required to do a certain number of inspections per year to maintain their qualifications. Since he is still qualified, then it stands to reason that he has done the required number of inspections per year.
#44
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I think you just validated golfs point. you have been asked a very strait forward simple yes or no question and you avoided answering it.
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instead you pointed to safety stats etc that anyone could copy and past and provide a link to. simply stating that notice it says us instead of ga doesn't answer his question.
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it doesn't say who did the inspection only that it wasn't a state official.
you may be implying that it is you that did it but your not saying it.
I think this is the problem golf is having dealing with government personal, they tend to talk in circles and never answer a simple question.
I believe golfhobo's question is...
Have you initiated and performed a roadside inspection? (A SIMPLE yes or no is the appropriate response no dancing or side stepping the question)
and my own personal question is...
are the inspections that you give examples of, inspections that you personally performed? (once again simple yes or no will do.)
rev your the first person to read things black and white. now your reading into things? none of those answers is a CLEAR yes or no. they are easily deniable. for instance say it is proven that he never has done a roadside inspection, he could easily say I never said I did one I only stated that we are required to do inspections.
CERTIFICATION OF VEHICLE INSPECTORS, SAFETY AUDITORS, AND SAFETY INVESTIGATORS
FMCSA published an Interim Final Rule to meet the requirement of Section 211 of the Motor Carrier Safety Improvement Act of 1999 (the Act). The Act requires that a certified safety auditor perform any safety audit or compliance review conducted after December 31, 2002. The rule requires certification and maintenance of certification for anyone who performs a motor carrier compliance review, safety audit, or Level I and V inspection.
This document is divided into four parts: Part 1 - Certification Process Part 2 - Decertification Process Part 3 – Temporary Waiver Process Part 4 - Recertification Process Maintenance of Certification: Each individual certified to conduct motor carrier compliance reviews (including those conducting compliance reviews as of July 17, 2002) must meet the following requirements to remain certified: • Complete six (6) motor carrier compliance reviews annually (for purposes of certification, annually shall mean every fiscal year); and • Complete thirty-two (32) Level I and/or V inspections annually (for purposes of certification, annually shall mean every fiscal year); and • Successfully complete any FMCSA required refresher or in-service training; and • The compliance reviews and Level I and/or V inspections must be conducted in accordance with the FMCSA Field Operations Training Manual and applicable policies.
(not saying I don't believe him)
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his statement doesn't say they are real road side inspections.
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for all we know they could be refresher inspections done on a range or class room setting or he could be tailing along with another person watching the inspection.
The link was posted last month, perhaps you and GH missed the post. Guess Who… ![]()
I believe that is golfhobo's point. his answers leave a lot of wiggle room. something government personal a famous for. and if you have ever worked in that environment you would know how easy it is to get shafted with things like that.
Does anyone really know what time it is? ![]() Be safe. Last edited by Myth_Buster; 12-30-2008 at 02:25 PM.
#45
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#46
I don't see that I read anything into it. He clearly stated that inspectors are required to do a certain number of inspections per year to maintain their qualifications. Since he is still qualified, then it stands to reason that he has done the required number of inspections per year.
When asked if he EVER actually "pulled" a truck over to do a roadside inspection, M/B failed to answer the simple question. But, he DID offer up this tidbit about how "auditors" like himself are required to do 32 level 1 or 5 inspections per year "to stay current." [NOTE: one of his examples referred to a level 2... so that probably wasn't HIM.] That's 2.66 inspections per month. A number easily achieved by performing the "occaisional" inspection at a carrier, or maybe even while "visiting" a weighstation or those famous "pop-up" inspections in rest areas. Or, as MUD suggested, possibly in a classroom setting or on a practice range. Who really knows? You don't get paid what HE gets paid for doing 2.66 inspections per month. You get that pay for working long hours in the back rooms of carrier's offices "auditing" records. Anyone who has been in the military (including M/B) will understand THIS simple concept: There are "fighting jobs" and there are "support jobs" where one is required to maintain CURRENT proficiency levels in some type of fire-arm. I had to "go to the range" myself at least once a year to show I could still hit the broad side of a barn with my M-16! IF a person's JOB consisted of a DAILY dose of doing inspections.... there would be NO NEED for a "proficiency requirement!" :hellno: But, we got way off track here. I never thought that M/B was, or ever acted as, an LEO with the "responsibility" (although I will admit he might have the authority) to do roadside inspections either randomly or with cause. His failure to admit that, and clearly explain his duties, is one of the foundations of my suspicions. By "defending" his authority with the "requirements" he, himself, stated... he has proved my point and confirmed my suspicions. He even stated, in his own words, that he is "Home free" if he performs his "auditing" duties within a reasonable time, does (what the gubbamint considers) quality work, and has no issues of misinterpetation of the regs.... which begs the question that people in his job MIGHT misinterpret the regs. (you DO know, don't you, that companies often contest and WIN when regs are misinterpreted by FMCSA "auditors" - or whatever they call themselves right?) :roll2: My point was that... assuming the driver had company permission to log enroute and meal stops as OFF DUTY, HE.... in his backroom auditing duties would have NO way of determining whether or not the driver was sitting in the cab, or the sleeper, or a bar while logging line 1. The sooner he admits this, and quits answering my questions with safestat references, (and references to NTSB investigations that I DOUBT he was party to,) the sooner we MIGHT have an intelligent discussion about what the regs really MEAN. BTW..... It's midnight here. Happy NEW YEAR everyone!!! (you too, Rev!)
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Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#47
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Join Date: Jul 2006
Location: Dark Side of The Moon
Posts: 171
GH, I don't believe you understand:
§390.3 General applicability.
(e) Knowledge of and compliance with the regulations. (e)(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations. (e)(2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter. (e)(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter. 1. One set for the roadside inspection 2. One set for the carrier About five years ago the field staff of the FMCSA was asked why didn't investigators find as many 11/14 hour rule violations as the roadside officers. After all a compliance review uses a targeted selection based on roadside inspections. It was determined the logs examined at the carrier were different than the logs examined during the roadside inspection. This has been substantiated by the scales in Idaho, Oregon and Washington when officers would photocopy drivers' logs as they crossed the scale and forward the logs to the next scale. It was amazing how many driver were placed OOS for false logs when the logs at the second stop didn't match the first set. So take the information presented and the shallow statement that a driver indicating he had no problem with his logs... The fact Swift paid $37,000 in penalties proved there were problems with Swift drivers logs doesn't it. Nothing is ever easy as it seems. My posts are based on cases prepared and a different perspective of trucking operations. Be safe.
#48
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Join Date: Jul 2006
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GH:
When asked if he EVER actually "pulled" a truck over to do a roadside inspection, M/B failed to answer the simple question. But, he DID offer up this tidbit about how "auditors" like himself are required to do 32 level 1 or 5 inspections per year "to stay current." [NOTE: one of his examples referred to a level 2... so that probably wasn't HIM.]
Currently the FMCSA requires every investigator to complete a minimum of 32 Level 1 or Level 5 inspections each year to stay qualified.
10/14/2008 US 0769110419 3 TRUCK TRACTOR 1M1AE06Y91W009135 P639309 IL 0
10/14/2008 US 0769110438 3 TRUCK TRACTOR 1FUJBBCG82LK41057 P550702 IL 0
10/14/2008 US 0769110436 3 TRUCK TRACTOR 1FUWZMCA95L695360 1654TK IL 0
10/14/2008 US 0769110432 3 TRUCK TRACTOR 2FUYDXYB3WA955743 P659885 IL 0
I work with the FRA about four times a year. We do a driver/carrier check at the rail yards around the Chicago Loop. On 10/14/2008 I made 29 contacts with drivers, if there were no violations the contact was recorded as a Level 4, if there was a driver or vehicle violation it was either a Level 2 or Level 3 inspection depending on whether the violation was vehicle or driver related. The inspection numbers tell the tale, US 0769110419 is a low count and US 0769110438 is near the end 38 – 19 = 19 inspections.
3/13/2008 US 0769110398 3 TRUCK TRACTOR 1M1AA12Y7XW091141 P557776 IL 0
3/12/2008 US 0769110380 3 TRUCK TRACTOR P479062 IL 0
On 03/12 & 03/13/2008 I made 33 driver contacts US 0769110374 – US 0769110407. Notice all inspections listed are Level 3. If you follow the links provided and click the number in the far left column you can see the violations. Now how do I know where all those inspections are that begin with US 0769110***? Naw, an average of 2.2 inspections per year, that’s all I do:
6/9/2006 US 0769110264 2 STRAIGHT TRUCK 3FECF47F1VMA18368 23803F IL 0
438 – 264 = 174 inspections in 2.5 years 174/2.5 = 69 inspections a year 69/12 = 5.8 inspections per month. Damn, I’ve double GH average already… ![]()
You don't get paid what HE gets paid for doing 2.66 inspections per month. You get that pay for working long hours in the back rooms of carrier's offices "auditing" records.
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Anyone who has been in the military (including M/B) will understand THIS simple concept: There are "fighting jobs" and there are "support jobs" where one is required to maintain CURRENT proficiency levels in some type of fire-arm. I had to "go to the range" myself at least once a year to show I could still hit the broad side of a barn with my M-16!
IF a person's JOB consisted of a DAILY dose of doing inspections.... there would be NO NEED for a "proficiency requirement!"
By "defending" his authority with the "requirements" he, himself, stated... he has proved my point and confirmed my suspicions. He even stated, in his own words, that he is "Home free" if he performs his "auditing" duties within a reasonable time, does (what the gubbamint considers) quality work, and has no issues of misinterpetation of the regs.... which begs the question that people in his job MIGHT misinterpret the regs. (you DO know, don't you, that companies often contest and WIN when regs are misinterpreted by FMCSA "auditors" - or whatever they call themselves right?)
36 Compliance Reviews 220 HM package inspections At least 32 roadside inspections In addition to the minimum I prepared 19 enforcement cases: 6/30/2008 IL-2008-372-US0769 Compliance Review 395.3(a)(2) Req./perm. property CMV driver to drive after 14 hours on duty 4 $6,120.00 http://ai.volpe.dot.gov/SafeStat/Saf...rt&PageN=EH#EH 5/21/2008 IL-2008-363-US0769 Compliance Review 375.507(a) Failing to weigh a shipment for each move transported on a non-binding estimate. 1 $2,900.00 http://ai.volpe.dot.gov/SafeStat/Saf...rt&PageN=EH#EH 5/8/2008 IL-2008-108-US0769 Compliance Review 382.305(b)(2) Failing to do random drug tests at applicable annual rate 6 $28,320.00 390.35 Requiring, permitting or making false statements or records. 1 $5,730.00 395.8(a) Failing to require driver to make a record of duty status 19 $15,770.00 396.11(c) Failing to correct Out-of-Service defects reported on DVIR. 3 $27,720.00 http://ai.volpe.dot.gov/SafeStat/Saf...rt&PageN=EH#EH 6/10/2008 IL-2008-62-US0769 Compliance Review 172.800(b) Failing to adhere to a required security plan. 1 $10,000.00 http://ai.volpe.dot.gov/SafeStat/Saf...rt&PageN=EH#EH 1/31/2008 IL-2008-35-US0769 Compliance Review 172.800(b) Offering or transporting w/o a security plan conforming to Subpart requirements 1 $8,770.00 391.45(b)(1) Using a driver not medically reexamined each 24 months 3 $5,190.00 395.8(a) Failing to require driver to make a record of duty status 18 $18,000.00 395.8(e) False reports of records of duty status 20 $20,000.00 396.21(b) Failing to retain periodic inspection report for 14 months 9 $6,120.00 http://ai.volpe.dot.gov/SafeStat/Saf...rt&PageN=EH#EH 9/5/2007 IL-2007-371-US0769 Compliance Review 392.6 Scheduling a run which would require exceeding speed limits 5 $9,450.00 395.8(e) False reports of records of duty status 7 $5,250.00 http://ai.volpe.dot.gov/SafeStat/Saf...rt&PageN=EH#EH Offered four public out reach presentations And; Mailed approximately 1,300 accident investigation kits to local police departments.
My point was that... assuming the driver had company permission to log enroute and meal stops as OFF DUTY, HE.... in his backroom auditing duties would have NO way of determining whether or not the driver was sitting in the cab, or the sleeper, or a bar while logging line 1.
The sooner he admits this, and quits answering my questions with safestat references, (and references to NTSB investigations that I DOUBT he was party to,) the sooner we MIGHT have an intelligent discussion about what the regs really MEAN.
GH your exposure to an enforcement body is limited; what ever experience you had with the government is vaguely comparable to a field position where you work independently. Our office is 142 miles from my field office. I see my supervisor maybe once a quarter. That’s because he knows the work is getting done. Do I work more hours than allotted? Yes; however, I’m dedicated to the job. I enjoy the work; however, I don’t always agree with the penalties assigned by the system. My time spent at these forums trying to help drivers and carriers avoid prosecution is a tool to ease my conscience as I try and help those willing to listen. Be safe.
#49
Just one question for you, Myth-Buster...
In reading your posts, my bet is that you keep meticulous records. Have you ever inspected a '00 freightliner, with the logo for "ELITE CARRIERS" on the door? And, was the truck a dark blue classic?
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#50
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Posts: 171
WW:
Just one question for you, Myth-Buster...
In reading your posts, my bet is that you keep meticulous records. So yes, I keep meticulous records. ![]()
Have you ever inspected a '00 freightliner, with the logo for "ELITE CARRIERS" on the door? And, was the truck a dark blue classic?
So let me flip the question... Have you ever been approached while in the Quad Cities, on I-74 near Carlock, IL, on I-80 near Frankfort, IL, on I-55 near Bolingbrook, IL or Williamsville or Collinsville, IL, I-70 between Matoon, IL and Terre Haute, IN, or in the Greater Chicago area at one of the Intermodal rail yards by a US DOT inspector about 6' tall with white hair between 01/01/1999 and 08/17/2005? ![]() I've performed inspections at multiple places so I thought I'd cover all of the bases. ![]() Be safe. Last edited by Myth_Buster; 01-01-2009 at 12:52 PM. |



