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-   -   What can happen to you (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/21996-what-can-happen-you.html)

Dawn 11-06-2006 02:59 AM

What can happen to you
 
The sun had just set on a cool April day, when truck driver Robert F. Spencer phoned his sister in Michigan. He was in Indiana, and, as authorities would later discover, had been driving his rig for hours longer than federal law allows. With the truck's windows down and its air conditioner on maximum, Spencer suddenly stopped talking. Minutes passed. Then, still listening to the phone line, his sister Nicole heard a bang.



Spencer, 37, of Canton Township, Mich., near Detroit, was arrested Friday, charged with five counts of reckless homicide for the April 26 crash that killed four students and a staff member from Taylor University and injured four others.

Details of the moments leading up and following the crash on Interstate 69 began to emerge Friday in court documents.

Prosecutors said Spencer never hit the brakes to slow his speeding truck until it crossed a median and slammed into the university's van.

After the accident, the trucker seemed confused. Witnesses reported that Spencer had fallen asleep at the wheel.

"Did I hit something? What happened? Who did this?" Spencer asked, according to court documents.

The crash drew widespread attention when two families discovered that one of the victims

MOST OF ALL DON'T LET THIS BE YOUR WIFE OR KID LISTENING TO THE ACCIDENT!

Rev: If the gramar is incorrect please contact the new channel "NOT ME"

This is why I consider you my truckers, because I am trying to be your friend telling you this can be you if you don't follow the DOT Regulations

Rev.Vassago 11-06-2006 03:05 AM

But what you have posted has nothing to do with logging things properly - it has everything to do with willful neglegence. In fact, just the other day you were here giving us all "advice" on how to save our driving time by logging "Sleeper Berth" at a shipper, and going to read a book in our sleeper berth. How would this advice have helped save these people?

Quote:

Originally Posted by Dawn
This is why I consider you my truckers, because I am trying to be your friend telling you this can be you if you don't follow the DOT Regulations

Coming from someone who said:

Quote:

Originally Posted by Dawn
it is plain English and using the stupid DOT words out of the book evidently is not working for the drivers because they would not be here looking for answers!

Yet you want us to follow those DOT regulations that you feel are "stupid" DOT words. :roll:

How are we to follow them, if you think we shouldn't even be READING them?

WildK9 11-06-2006 03:13 AM

Quote:

Originally Posted by Rev.Vassago
But what you have posted has nothing to do with logging things properly - it has everything to do with willful neglegence. In fact, just the other day you were here giving us all "advice" on how to save our driving time by logging "Sleeper Berth" at a shipper, and going to read a book in our sleeper berth. How would this advice have helped save these people?

Quote:

Originally Posted by Dawn
This is why I consider you my truckers, because I am trying to be your friend telling you this can be you if you don't follow the DOT Regulations

Coming from someone who said:

Quote:

Originally Posted by Dawn
it is plain English and using the stupid DOT words out of the book evidently is not working for the drivers because they would not be here looking for answers!

Yet you want us to follow those DOT regulations that you feel are "stupid" DOT words. :roll:

How are we to follow them, if you think we shouldn't even be READING them?


BUSTED!! :lol: :lol:

Dawn 11-06-2006 03:16 AM

But what you have posted has nothing to do with logging things properly - it has everything to do with willful neglegence. In fact, just the other day you were here giving us all "advice" on how to save our driving time by logging "Sleeper Berth" at a shipper, and going to read a book in our sleeper berth. How would this advice have helped save these people?

Because 1) it is legal to go in your sleeper and no one tells you or montiors you to be sleeping (even DOT will tell you that). I can say I am sleeping for 10 hours, but that does not mean I am sleeping. Why do you think they allow you to log off duty during your 10 hour break? Because they know you might not be sleeping 10 hours. If a shipper does not want you inside or on their docks you can utilize that time as sleeper. Now to tell you hey you can be in the front seat and log sleeper that is telling you to FALSIFY YOUR LOGS. So check the book, it clearly states about being at a shipper/consignee. And you said "on how to save our driving time by logging "Sleeper Berth" No I was stating how you could save your line 4 time (that is on-duty not driving" And I also mentioned in that message to log the line 4 time dealing with it, as many drivers don't believe they have to and they do!!!!!!!! Many drivers just go off duty or sleeper and never show line 4 time. Lets see how many drivers get questioned the way I log it and logging sleeper or off duty time the WHOLE time they are loading/unloading. Even logging off duty at a shipper/consignee is a BIG NO NO!

Because 2) I never give willful neglegence information! I give only the simple terms to help a driver UNDERSTAND the regulations! Maybe you need to read my post and try to understand instead of trying to attack!

I am not here to fight with anyone, I am here to help a driver who might need help and a compliment would be nice to hear! I do KNOW MY SHIAT! I don't care what you really think! So you really are wasting your time and my time at this point! And you won't run me off!

Dawn 11-06-2006 03:20 AM

WildK9
 
No It is the wording they use and how they explain them, or should I say the lack of explaining them. No I think the regulations are fine and well written but some people (like I did not) don't understand just reading what they want, some people (like me) need to have it explained and steps. I try my best and that is all I can do!

Sorry K9 I can see where you are coming from, but no I meant the wording in the book is stupid, you always refere back to this and that. I just want the answers in a simple manner!

Have a great night K9

Rev.Vassago 11-06-2006 03:20 AM

Quote:

Originally Posted by Dawn
Because 1) it is legal to go in your sleeper and no one tells you or montiors you to be sleeping (even DOT will tell you that). I can say I am sleeping for 10 hours, but that does not mean I am sleeping. Why do you think they allow you to log off duty during your 10 hour break? Because they know you might not be sleeping 10 hours.

So let's change the story you started with a bit, and see if it changes the outcome:


The sun had just set on a cool April day, when truck driver Robert F. Spencer phoned his sister in Michigan. He was in Indiana, and, as authorities would later discover, had been driving his rig for the amount of hours that federal law allows, but had not slept during his "Off Duty" time. With the truck's windows down and its air conditioner on maximum, Spencer suddenly stopped talking. Minutes passed. Then, still listening to the phone line, his sister Nicole heard a bang.



Spencer, 37, of Canton Township, Mich., near Detroit, was arrested Friday, charged with five counts of reckless homicide for the April 26 crash that killed four students and a staff member from Taylor University and injured four others.

Details of the moments leading up and following the crash on Interstate 69 began to emerge Friday in court documents.

Prosecutors said Spencer never hit the brakes to slow his speeding truck until it crossed a median and slammed into the university's van.

After the accident, the trucker seemed confused. Witnesses reported that Spencer had fallen asleep at the wheel.

"Did I hit something? What happened? Who did this?" Spencer asked, according to court documents.


Nope - nothing changed. The kids are still dead, and he still would have gone to jail. :roll:

Dawn 11-06-2006 03:40 AM

had been driving his rig for the amount of hours that federal law allows, but had not slept during his "Off Duty" time.

I never said if you are off duty this counts as sleeper time" I said you CAN NOT LOG OFF DUTY TIME WHILE BEING AT A CUSTOMER" You can be in the SLEEPER! Now PROVE TO THE COURT OF LAW you was not sleeping. Duh you are in the sleeper, do they have cameras in there spying on you? HELL NO! How they catch drivers falsifying their logs is
1) Qualcom records
2) drivers having the lack of TRAINING and knowing the facts of how they should be logging line 1,2, 3 & 4.
3) Drivers thinking they can log a 10 hour break while they are really driving during that 10 hr break!

So I don't know what you read, I never said log "off duty" I know what the hell I am talking about and just for your info " DOT stood in front of 50 people and said the same thing, go in the sleeper read a book, eat, we don't know what they are doing in the sleeper. Now send your company messages the whole time you are SUPPOSED TO BE TAKING YOUR 10 HR BREAK and they should (we will) shut you down for 10 more!

"If there is grammar issues please ignore as I am not good at grammar, "I appoligize" If there is something you don't believe then don't follow" If you find I am right after you got wrote up for it, I would love to hear from you, not to say I told you so, but rather to know I TRIED TO HELP YOU!"

Fozzy 11-06-2006 05:09 AM

Quote:

{/b]
I never said if you are off duty this counts as sleeper time" I said you CAN NOT LOG OFF DUTY TIME WHILE BEING AT A CUSTOMER" You can be in the SLEEPER! Now PROVE TO THE COURT OF LAW you was not sleeping. Duh you are in the sleeper, do they have cameras in there spying on you? HELL NO! How they catch drivers falsifying their logs is
1) Qualcom records
2) drivers having the lack of TRAINING and knowing the facts of how they should be logging line 1,2, 3 & 4.
3) Drivers thinking they can log a 10 hour break while they are really driving during that 10 hr break![/b]
To be completely honest Nothing in the regs say ANYTHING about sleeping! you have to be RESTING. This covers everything including reading sleeping or watching TV. AND you CAN go off duty at a shipper or receiver if you have been relieved by them of all duties. The key here is that the DRIVER has the final and total control over the HOS. There is a reg (I'm not going to go look it up right now) that states that if the driver is too sick or tired to drive, then they MUST put themselves down for a break. The driver in question was a moron and deserves to have a sex starved bunkie in the big house. He is a murderer just as a drunk driver is!

Dawn 11-06-2006 10:29 AM

Yes Fozzy you are sort of right if you are sick, tired just not feeling up to par you should not drive and no one should force you to drive. Now the comment the Hours of service is ( Your comment:The key here is that the DRIVER has the final and total control over the HOS) As long as you stay UNDER or at the DOT regulation yes, but you can not drive over your hours because you feel like you can or because you are not tired.
I hope you are talking about staying under! Then if you don't run enough miles the company could well umm "fire" the driver. But you really have to just not be running to probably get fired over that!

And I have several drivers that tell customers they need to take a break because they are over their hours and if the customer says we don't allow drivers to break here, if you tell them it is against the law for you to make me leave here because I will be illegal and if I am in an accident "whoever" can sue you. Its like a bar letting a person leave drunk and the bar knowing they were drunk "the bar is responsible".
Now I see this ruling in the Canada regulations, I have not found it in DOT regulations, but the customers call the law and tell my few drivers that do this and say yes you are right go take your break. I would not get to pushy about it, but try it sometime! I have also had drivers say they tried it and the police was called, but I think the driver was probably rude about the situation! I would be interested to know if anyone tries it and find it out to be true, in the mean time I am going to send that ? to DOT!

Yeah we both agree on the sleeper issue! I agree with the statement about off duty while at the shipper. But both the company and the customer have to relieve of all duty. I say if there is a restraunt, shopping mail and they let you go over there, you should be alright but dot will question you about it, if you do it all the time!


The driver in question was a moron and deserves to have a sex starved bunkie in the big house. He is a murderer just as a drunk driver is!

Now the driver is just a truck driver and probably woke up thinking I am not tired etc.I can handle talking on the cell & be tired and make it safely. I have many that do that, Sad but true. The driver didn't wake up and say I want to kill 5 people and I am sure he feels really bad, but he should not have been running illegal! He probably doesn't deserve bubba, lets save bubba for the child molesters etc! l.o.l. :D

Fozzy 11-06-2006 08:37 PM

A driver can take themselves off the road for ANY reason if they are not fit to drive. This includes being sleepy. The rules protect the driver from legal retribution for this. They probably do not protect them from getting fired, but there ya go. ANY driver who presses on when falling asleep instead of pulling off the road and sleeping is guilty of a crime IMHO. No where did I say anything about driving while in violation. This is obviously even more a reason to lock the moron up for murder.

The driver is guilty of murder in my opinion. Again, the driver made a concious decision to drive when he was obviously too fatigued or tired to drive. This is no different than the murderers who fill themselves with booze and hop in their cars and kill people. They deserve no pity, they deserve to eat crummy prison food and be abused and tormented for the rest of their lives


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