Need a good reason not to falsify your log book?

Discussion in 'Trucking Industry Regulations' started by dieselbear, Jun 2, 2009.

  1. dieselbear

    dieselbear Road Train Member

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    Title:Former Commercial Truck Driver Convicted of Falsifying Daily Logs


    Date:May 13, 2009



    Type:Investigation

    Summary:On May 13, Michael J. Kozlowski, former driver for Whole Foods Market Group, Inc. (WFM), was convicted after a two day trial in U.S. District Court, Madison, Wisconsin, on 5 counts of false statements regarding his record of duty status or “daily log books.” It was alleged that from August 31 to October 11, 2005, Mr. Kozlowski falsified his daily log books by claiming that he had been in the sleeper berth for the required 10 hours when it was later determined that was not true. On October 16, 2005, Mr. Kozlowski provided his daily logs, which were falsified, to a Wisconsin State Patrol Officer after being involved in a deadly accident in Eau Claire County, Wisconsin. During this accident, Mr. Kozlowski’s semi tractor veered off Interstate 94, tipped over, and slid down the interstate on its side. Within seconds, a bus carrying the Chippewa Falls High School band members and staff struck the truck, causing the deaths of 5 passengers. In a post–trial interview the jury foreman commented that the jury was convinced by GPS and electronic toll booth data that showed Kozlowski was driving during periods he claimed to be in the sleeper berth. Kozlowski’s sentencing has been set for July 24, 2009. This investigation was conducted by OIG.
     
  2. bigcountry30

    bigcountry30 Light Load Member

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    Definitely a good reason right there. :biggrin_25512:
     
  3. Toomanybikes

    Toomanybikes Medium Load Member

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    I was happen to be in a heated discussion about log falsification. Thanks for the ammunition.

    Not that it can match up to the consequences, any idea what the legal penalty is for this drivers crime?
     
  4. truckerdave1970

    truckerdave1970 On Probation

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    maybe if drivers were paid for all the time spent working (i.e. loading, unloading etc) and not just the miles driven, the need to falsify our logs would go away. I believe that a flat salary of hourly pay system is the only to ensure safe drivers. This current pay per mile system serves to encourage and even reward those that chose to break the rules. If our lawmakers really wanted safe drivers, they would change this system. It seems obvious to me that they are willing to allow a few tragic deaths like this incident b/c the fianicial incentive is to continue to allow us to break the law and if we get caught, we are fined and allowed to proceed.
    IMHO, the only solution to this industry's problems is speed limiters and electronic on board recorders so that no one can break the law. But I wonder how many.tickets and how much $ the law enforcement officals would lose???
    Take away the incentive for particular behavior and that behavior will stop. Make u wonder if a dumb truck driver can figure that out and our lawmakers are alleged to be so much more intelligent, why wont they take real, meaningful action and do what needs to be done so that tragedies like this one are never allowed to happen???
     
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  5. RickG

    RickG Road Train Member

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    The speed limiter petition failed here a couple of years ago because NHTSA knew every study done proved speed limiters increased the risk of accident . The survey done in Canada but not completed until after Ontario rushed there speed limiter bill through came to the same conclusion . As highways near their capacity speed limiters have a negative effect on safety .
    Do you really think EOBR's will have any effect on unpaid waiting time ? They only show when a truck is running and can not prevent off duty falsifications . Believe it or not , many drivers ARE paid for ALL hours worked . My rates include specified loading and unloading time . I get paid detention time for any time beyond that . If drivers have too much unpaid time they are working for the wrong carrier . Why hasn't OOIDA put an end to this ages old problem ?
     
  6. dieselbear

    dieselbear Road Train Member

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    I don't know what the federal standards are for penalties, but here's another case from last year.







    California Trucking Company Safety Director and Four Drivers Sentenced for Their Role in a False Driver’s Log Book Scheme



    July 21, 2008


    Investigation


    On July 21, 2008, in the U.S. District Court, Fresno, California, 5 defendants were sentenced after pleading guilty for false statements, and aiding and abetting related to their false driver’s log book scheme. Sukhwinder Singh, Tarsem Singh Pahal, Bhinder Singh RAJU, Daljit Singh, and Jaspreet Singh were sentenced for keeping false driver’s log books while employed as truck drivers for Nijjar Brothers Trucking, Inc. of Madera, CA. Mr. Sukhwinder Singh, the company’s Safety Director, was sentenced to 6–months home detention and 24–months probation. The remaining defendants were sentenced to 3–months confinement, 3–months home detention, and 24–months probation. In addition, all defendants were ordered not to work in the trucking industry unless approved by the Probation Office.

    During the OIG investigation, a driver for Nijjar Brothers Trucking, Inc caused a four–vehicle collision, killing a father and his 13–year–old son and seriously injuring six others. The driver, Baljinder Singh, had been driving for at least 19 hours. He was subsequently convicted and sentenced for falsifying his log book entries and served time in jail. As a part of a sentencing agreement, the owners of the trucking company were required to inactivate their DOT numbers, dissolve the company, and each pay a fine of $50,000. The OIG investigation was conducted with assistance from the FMCSA and California Highway Patrol.
     
  7. psanderson

    psanderson Road Train Member

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    As of the time of my retirement several years ago, the federal civil penalty could be up to $32,500.00 per violation, per day. If this driver falsified for 2-days on one count that would be $65,000.00.....Times 5-counts. But the federal cost of living increases to that amount would increase that since my retirement. If convicted of a criminal penalty under the federal rules, the maximum could be up to $500,000.00 and/or 5-years in a federal pen per count/violation. And this discussion hasn't even considered the manslaughter charges (or worse) by the state, merely the false RDS charges. There is also the potential state charges for false RDS records.

    From a retired federal DOT official
     
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  8. truckerdave1970

    truckerdave1970 On Probation

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    If I can interpet what I think you said here, you, and many drivers run legal b/c they are fortunate enough to work for a company that pays them for all time worked, correct?
    That just proves my point!.By removing the reward for breaking the law, drivers stop breaking the law.
    It's too bad that not all of us, myself included, work for a good company that understands this aspect of human behavior.
    I'd bet a years pay that your company has a lower turnover rate and happier, safer, and more productive drivers. When employers really want to keep drivers and make America's roads safer, instead of just playing lip service, then we will see real changes in how drivers are paid and treated.
     
  9. RickG

    RickG Road Train Member

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    My employer has shippers that need reliable service , not cheap rates . My boss also drove for years . Too many companies are run by people that don't have a clue about trucks or drivers . I couldn't believe it when I heard Schneider tractors don't have dump valves for their air suspension . They think you can get a truck originally spec'ed for best fuel economy at 68 m.p.h. and slow it to 62 and use less fuel . They don't realise a few cents more a mile would give a return in less training expense and better mpg from experienced drivers . I could go on and on with what they don't know .
     
  10. PharmPhail

    PharmPhail Road Train Member

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    Paying you for your work is not an incentive! It would be fixing what's broken. As it is we put in 5 hours a day just to be able to get some paid work after. Pressure is inward from all sides and only truckers can lose. That's financially anyway. Others can lose too, but when they do it's big, like in those cases. This is a product of the system as much as the individual trucker involved.
     
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