"Safe Haven"

Discussion in 'Trucking Industry Regulations' started by Meltom, Apr 19, 2012.

  1. Meltom

    Meltom Road Train Member

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    Let's say that a company puts in a policy for "safe haven". According to this policy drive time can be changed to off duty time if a driver is forced to leave a customers property while loaded. What liability would the person making the change to log assume?
     
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  3. vangtransport

    vangtransport Heavy Load Member

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    That person would assume the liability of falsifying their log & could be fined for each false entry.
     
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  4. Meltom

    Meltom Road Train Member

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    That's kind of what I'm thinking, how about insight on the legal side. say I make a correction to show a full break. Now the driver is involved in a fatality, what would my exposure be?
     
  5. Emulsified

    Emulsified Road Train Member

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    If you falsify your log, then have ANY kind of loss accident, you may be responsible for the financial side as well as any criminal proscecution.
    You are signing a legal document that can either protect or sink you, depending on how it's used.
    If you show a full break, when you haven't had one...and the other side proves you cheated, you are in a storm of skunk sh *t.
    You are liable for what you sign.
    Period!
     
  6. ramkatral

    ramkatral Heavy Load Member

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    That log has to match all the times on fuel receipts, toll booths, shipper/receiver logs, etc.

    If you say you delivered at 5 pm but you actually delivered at 7. You're screwed.
     
  7. Kansas

    Kansas Road Train Member

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    No company has a legal authority to change drive time to off duty times. Can you do it? Sure! Is it done everyday of the week by many drivers? Sure it is, its common practice. But, if you get caught in a fatality situation and its proven, company policy is the last thing that's gonna save you.
     
  8. Meltom

    Meltom Road Train Member

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    In this example we'd be playing off of the "willfulness" of the violation. Indicating a shipper forced us to move off their property. We wont be backing up drive time, just eliminating it all together if "forced" to leave a customers property.
     
  9. Emulsified

    Emulsified Road Train Member

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    You have to show drive time to cover your butt.
    Even if it violates the 11/14 rule.
    Depending on the situation, you should consider refusing to move. They call police.
    Police order you to move.
    You now have a legal authority ordering you to move and you can go to nearest safe haven.
     
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  10. ramkatral

    ramkatral Heavy Load Member

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    Doesn't matter. You have to log the time as driving. Period. If you don't, it's you who will pay.
     
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  11. Meltom

    Meltom Road Train Member

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    Once you move how do you complete your uninterrupted break?
     
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