[Rev.Vassago]

Originally Posted by Fredog

if I stop for 2 minutes to make a phone call a change of duty status has not occurred.

Can you please cite any source that states the driver in this incident stopped for 2 minutes to make a phone call?

So what do you think they should do to the truck driver? charge him with murder? manslaughter?

I have no opinion on what they should do with the driver. If they complete the investigation (which they apparently haven't), and find that there isn't enough evidence to convict the driver of any charges, I can accept that.

But none of that is really relevant to my point (or MB's, apparently) - that any time you change your duty status, and any time you are going to operate a CMV, you are required to perform an inspection. Common sense, as well as the FMCSA regulations, would dictate that you must at the very least exit your vehicle, at which point you would see a person in front of your vehicle.

Ignorance of your surroundings is not an excuse for striking another object, be it a fence, a concrete post, or another human being.

[Fredog]

Originally Posted by Rev.Vassago

Can you please cite any source that states the driver in this incident stopped for 2 minutes to make a phone call?

I have no opinion on what they should do with the driver. If they complete the investigation (which they apparently haven't), and find that there isn't enough evidence to convict the driver of any charges, I can accept that.

But none of that is really relevant to my point (or MB's, apparently) - that any time you change your duty status, and any time you are going to operate a CMV, you are required to perform an inspection. Common sense, as well as the FMCSA regulations, would dictate that you must at the very least exit your vehicle, at which point you would see a person in front of your vehicle.

Ignorance of your surroundings is not an excuse for striking another object, be it a fence, a concrete post, or another human being.

can you cite any source that says he stopped for more than 2 minutes? why do you hate truck drivers? I thought you were one

[possum]

How hard is it when you walk back to your truck to take the extra 3 or 4 steps and look in front of your truck. You can look at the back as you walk by but take the few steps to look at the front. If it will kill you to take the extra steps then you don't need to be driving a truck anyway.

[Mackman]

Originally Posted by Fredog

this is what's wrong now a days, it's always someone elses fault. why should a drunken slob be responsible for his own actions? let's just blame it on the truck driver, maybe if the low-life drunken slob would have stayed home to get drunk. he would still be alive, how about that? the truck driver broke the law by not walking around his truck? what about breaking the law by being drunk in public? or sleeping in a parking lot? are those things okay? oh that's right, a truck driver is held to a higher standard and should be responsible for everyone elses behavior. Makes me sick.

x2 well said fredog.

1st off the guy is trespassing on the trucking company's property. Who's to say the driver wasn't going to do some drop and hooks in the yard. Then he would'nt have to do a pre-trip by law as long as he stayed on the trucking company's property.

[Rev.Vassago]

Originally Posted by Fredog

can you cite any source that says he stopped for more than 2 minutes?

I sure can't. But since 392.7 states that prior to operating a CMV you must perform an inspection, it doesn't matter how long he stopped for.

why do you hate truck drivers? I thought you were one

I wasn't aware that I hated truck drivers (other than your claim that I do). I do not, however, believe that "sticking together" with law breakers will help the industry overall. It will only serve to entice legislators to create stricter regulations.

If a driver is too lazy to make sure that there are no obstructions present prior to moving his CMV, then it will only serve to make it more difficult for the rest of us - just like when there is a high profile accident involving a truck, and DOT starts cracking down on truck drivers.

[Rev.Vassago]

Originally Posted by Mackman

1st off the guy is trespassing on the trucking company's property.

So as long as someone is trespassing on private property, it's okay to run them over. I see....

Who's to say the driver wasn't going to do some drop and hooks in the yard. Then he would'nt have to do a pre-trip by law as long as he stayed on the trucking company's property.

The FMCSA regulations still apply, even on private property.

[Fredog]

Originally Posted by Rev.Vassago

So as long as someone is trespassing on private property, it's okay to run them over. I see....



The FMCSA regulations still apply, even on private property.

I give up you win.. the truck driver is a low-life piece of crap who purposely broke the law and took the life of a fine upstanding drunk, he should be stoned to death. I know it wont happen to you because I'm sure you get out and walk around your truck EVERYTIME you stop. according to what you have stated here, that will apply to stop signs, red lights, crosswalks,, etc.. I feel safer knowing there are repsonible drivers like you on the road
now. let's argue about something else..

[Mackman]

Originally Posted by Rev.Vassago

So as long as someone is trespassing on private property, it's okay to run them over. I see....



The FMCSA regulations still apply, even on private property.

Can you post a link with that reg.???

Thanks, Mackman

[Fredog]

for some reason, this thread is making me think of Fozzy

[Rev.Vassago]

Originally Posted by Mackman

Can you post a link with that reg.???

Thanks, Mackman

§395.2 Definitions.

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.






The FMCSA regs go on to say:


Question 9: A driver drives on streets and highways during the week and jockeys CMVs in the yard (private property) on weekends. How is the yard time to be recorded?

Guidance: On-duty (driving).