Who is liable?

Discussion in 'Flatbed Trucking Forum' started by rearview, Nov 22, 2014.

  1. rearview

    rearview Medium Load Member

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    Every year during grape harvest hundreds of thousands of tons of grapes move on the highway system.

    The photo below shows the two pin slots used to secure the valley bins to the trailer. The pins also double as a pivot point for unloading.

    Each bin weighs roughly 4500# loaded.

    There is nothing on the opposite securing the bin to the trailer.

    This equipment runs through DOT scale houses clattering and clanging when empty and the coop bears see nothing.

    The question is, given the rules of securement covered in the green book, who is responsible for the unsecured load when one tips and dumps the load and gondola??

    The driver pulling the load? The grape farmers sending the equipment out with no securement equipment? The DOT for turning a blind eye to unsecured loads?




    10430427_828440573869189_4101778401163567000_n.jpg
     
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  3. windsmith

    windsmith Road Train Member

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    The driver has a duty to secure the load, or ensure that it is adequately secured before moving the truck. End of discussion.
     
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  4. MJ1657

    MJ1657 Road Train Member

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    The driver is always responsible for the load no matter what. If its not safe the truck should not be moved.

    That was easy.

    Posted same time as Windsmith. Sorry for the duplicate post.
     
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  5. rearview

    rearview Medium Load Member

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    That is what the book says.

    Reality and the way things are done are different.

    The industry works the way I described it, so ultimately doesn't that leave everyone in the chain responsible?
     
  6. MJ1657

    MJ1657 Road Train Member

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    No reality is the driver doesn't move until the load is properly secured.

    This is not a tough concept to grasp.

    Now if something happened and someone is trying to pass the buck of course all parties are responsible. Fingers can point in all directions........
     
  7. windsmith

    windsmith Road Train Member

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    Any mishap can be traced back through a chain of events. If any link in that chain were broken, then the mishap would not have occurred. It's up to the lawyers to fight over who takes what percentage of the blame.
     
  8. tucker

    tucker Road Train Member

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    If anyone looks at the picture, the dumpster is mounted to the trailer.

    If if the trailer tips over, grapes will spill out, if the other side of the dumpster was bolted down, grapes will spill out.

    this dumpster is securely mounted to the trailer , but if you want, for your sake, throw a strap or chain over it.

    but, mostly illegal Mexicans haul this stuff and they have a couple of mangy dogs in the cab with them. They know the DOT doesn't want to mess with transporting the canines, so they don't worry about it.
     
  9. rearview

    rearview Medium Load Member

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    Sorry but there are no bolts on the bin. It sits on the trailer. It would be impossible to dump the bin into the hopper if it were bolted down.

    The gondolas are removed from the trailer, loaded in the field, and reloaded on the trailer. The bin has two bars that rest in a U shaped galley mounted on the trailer. The pins go in the hole above the bars on the gondola.

    As to illegals pulling these loads, it is not relevant and a distraction..
     
  10. MJ1657

    MJ1657 Road Train Member

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    Your question has been answered.

    I have a feeling there is more going on here.
     
  11. rearview

    rearview Medium Load Member

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    Your right, its a heads up to the real world.
     
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