When Regulations are in Question

Discussion in 'Trucking Industry Regulations' started by GasHauler, Mar 13, 2008.

  1. t_wilson0321

    t_wilson0321 <strong>Adjustable Wench</strong>

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    Oh you can bet I'd be a holes and elbows gettin out of there. Superman wouldn't have nothing on me running. Like I said, I've never had the dubious pleasure of hauling a tank of flammables so I don't know what they can or can't do. So they don't really go boom? Just flame really hot?
     
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  3. Lurchgs

    Lurchgs Road Train Member

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    LOL - just reminded me of a story one of my instructors tells about when he was hauling tank..

    Company Policy with regards to truck on fire:
    1. Stop Truck
    2. pull fire extinguisher from mounting bracket
    3. place fire directly at your back
    4. throw extinguisher over your shoulder
    5. run like Jesse Owens

    I *am* reminded of one of the more stupid things I've done in my life.

    Several years ago, on and interstate, I happened upon an accident involving a small red sports car. Said vehicle had *obviously* attempted to merge onto the highway. (based on rubber marks on the highway, as well as bits and pieces. Newspaper stories the next day corroborated my assumptions. Yes, I'm wonderful)

    The problem, though, was that at the time, the interstate was completely occupied by a family van in the left lane, and a fully loaded gasoline tanker in the right lane.

    Rather than back down and let the truck pass, the red car attempted to possess a small portion of the interstate. After all, it was a small car, should be no problem, ne?

    Ha! Possibly may have been successful if the driver had accelerated. Instead, the tanker, having nowhere else to go (even leaving the road was not an option there), by right of might and physics, it assumed possession of the self-same bit of highway as was possessed by the red car.

    The whole mess came to a screeching stop diagonally, with the tail of the trailer in the right hand lane and the right side of the cab of the truck off the shoulder - just past a concrete abutement of the bridge over a rail line. ( the family van was modestly involved, and ended up several hundred feet down the highway in the median. No serious injuries)

    At this point, I and several others arrived: The tractor's tandem was fully engulfed, and burning merrily, and the trucker was hoofing it down the highway to check on the vanload of people.

    At first, we bystanders were content to just watch things burn (from several hundred feet away)

    But then somebody noticed "hay, there's a car under there.. and somebody's inside!" By Jimminy, he was right. That red car was munched under the landing gear and right-side tractor tandems. (The trucker, from what I could see, had no idea it was even there.) The entire front end - fire wall forward - was engulfed, right along with the truck's tires.

    A dozen of us fools ran across the highway and attempted to pull the car out from under the truck. Needless to say, we were not successful. We couldn't get to the doors, so one of us (smarter? than the rest) hopped up on the trunk and slithered through the rear window. He got the passenger seat to recline and the passenger seatbelt off, and we pulled the unconscious young lady out. A couple of us took her down the road to the van, where we deemed it was probably safe.

    Another of us was about to dive in and grab the driver, when the first guy in pointed out that it would be a waste of time. The right-side landing pad was resting squarely on the driver's shoulders... something was missing. (well, he'd not been using it in the first place, but forced removal of one's noggin is messy)

    So... we all stood around the trunk of the car.. maybe 30 feet or so away from the flames. Congratulations were passed around, pats on the back, etc. All in all, we were feeling pretty proud of ourselves.

    Then one of us.. definitely the least stupid of us, pointed out "um, guys, it's not just that the tires on fire - the tanker's leaking directly onto the tires. We should probably move."

    Yes, even years later, I remember those words, exactly. Every hair on my arm raised up and and I felt a sudden need to change my underwear. We all ran (like the fools we were) the heck away from there, and gathered at the van. It was, if you'll forgive the pun, a dead heat.

    About then, fire/rescue arrived. They got the fire out in fairly short order (given that they had only 500 gals of water to work with). Big plume of smoke, lots of excitement, not much else. I think the highway was closed in that stretch for about 6 hours, all told.

    So, no big boom of exploding gasoline... since, in truth, gasoline doesn't burn. Gasoline vapor does. An empty tank would make me far more nervous than a full. Propane on the other hand, terrifies me no end. That stuff is under pressure, and WILL make a nice big bang.

    One odd point to the story, though: I know every one of us involved in pulling that lady from the car talked to police on the scene - yet not one of us was asked to give a formal statement. No mention in the paper, either.
     
  4. t_wilson0321

    t_wilson0321 <strong>Adjustable Wench</strong>

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    Hoofing it? Running? Dead heat? I would have grown wings and veritably flew as if the very hounds of hell were after me. :biggrin_25523: I'm surprised you didn't have to change a weeks worth of shorts after that.

    Wow.
     
  5. GasHauler

    GasHauler Master FMCSA Interpreter

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    We all use that joke about throwing the fire extinguisher at the fire and running when in reality we've had drivers unhook the truck and pull it away from the trailer that's on fire. And have had many that just put the fire out. You've got to know the characteristics of the product you're hauling.

    An empty tank is no more dangerous than a loaded one if the driver keeps the tank vapor rich. The only time problems occur is when the side of the tank is ripped open and air is induced to the vapors.
     
  6. Lurchgs

    Lurchgs Road Train Member

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    Truth. In all fairness, none of these products are particularly difficult to deal with, so long as air is kept away. Add oxygen, and things can get... iffy.

    I can't afford the BI right now, but as soon as I can, I intend to get my hazmat endorsement to go along with my tanker... assuming, of course, I pass the CDL test this weekend.
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    What you did was truely heroic.

    I was involved in an accident where two people died and I found out a couple of things. I was fully loaded with 9000 gallons going down to AZ from Las Vegas. It was in the morning around 8am and I just left the little town of Searchlight NV on US 95. I was going down the grade when a van came up on me at a very high rate of speed. I thought, man he's hauling but now he's going to slow down because I was only going 62. And besides a pickup truck was coming the other way.

    Then the van shot out to go around me and the pickup saw him and moved over. I moved over as much as I could but I wasn't going to kill myself by dropping off the pavement and flipping over. I looked and every one was fine and I remember everyone will be ok if they just stay where they are. But the pickup went too far and his front right tire was in the dirt. The driver over steered and when the front tire came back onto the pavement it shot the pickup right in front of the van.

    To this day (this happened 17 years ago) I remember the sound of the explosion of the two vehicles hitting. The van flew up and when it came down his right front tire rim shaved my rear tank ( but I didn't know it at this time). I stopped and grabbed the fire extinguisher because the pickup was on fire.

    I ran back and used the whole fire bottle but it did nothing and the fire bottle was one of the big ones. So that driver burned to death right there. The van was on it's drivers side and the driver was hanging upside down. we could not get to him because the fire was too hot. People that stopped were flipping out including this one truck driver. I went to the truck driver and said look he's gone lets try to help the other guy. I asked if he had a chain and he did. I told him to drop his trailer and bring the chain and tractor over to the back side of the van. I hooked the chain around the drive shaft and we slid that van far enough away from the heat. I pulled the driver out but he was gone too.

    At the time I didn't know the van hit me when that truck driver said "man you are very lucky". I went back and made sure there were no leaks and then was just waiting for all the officals to get there.

    What I learned is nothing moves until the coroner gets there and the oil companies do not what any of there items on the news.

    I was there from 8am until 4pm. My boss was there and he asked me if I wanted him to get another driver to take the load down. I told him no since I knew if I didn't get behind the wheel it would be hard later on. So we dropped the damged trailer and I took the truck with 4000 gallons down to the station in AZ that had be out of gas since the morning. Some one had called them and told them what happened because when I pulled in the people that ran the station were there to greet me. So I got lots of hugs and kisses for half a load!

    I didn't think I did anything heroic but the boss wanted to put me in for awards. I didn't know this because I think I would have turn it down but the company said since there were two deaths there will be no awards. Two people died that day, it was no fault of mine but still I was involved. I just wish I would have got that truck drivers name so I could keep in touch. As it turns out the guy in the van hit his boss. They were both from MT working in a mine there. This happened right before Christmas and every year I think about his kids. But there isn't a day go by that I don't think about it. There's an image burned into my mind and that's of the driver that burned up. He laid across the seat with his head under the glove box and his arm was on the seat. His fingers were nothing but bone but it pointed to the sky. I hope none of you drivers ever have any thing like this happen because you'll never get over it. My boss got me through that day telling me it wasn't my time. But ever since then two lanes have a special precaution for me and I look as far back and ahead as I can.

    So Lurchgs when I say you're a hero I talk from experience and you should feel good about saving that life. I would have gave any thing for just one of those guys to live. I just hope that if my family is involved in a bad accident that you are there.
     
  8. Pattycak

    Pattycak Bobtail Member

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    Please read my post...maybe you can offer some advise?

    Hi Everyone,

    Its been awhile since I posted. Anyway wanted to share the story.

    5 years ago, my husband, a 23 yr driver was sent for a random drug test by his employer. He had 1 hour before the clinic was going to close to give his drug test. He was unable to go. Clinic reported to employer that he "refused" his test. Was placed on DAC record and literally black-balled. Here comes the fun part:

    As everyone that has ever had to submit to a randon drug testing, you complete what is called the Controlled Custody Form AKA CR49F. This is the form where your name, social security number...and you eventually sign it once you've completed your test that is sent to the lab to process for drugs/alcohol.

    Now...naturally if your test is positive, your employer is notified, your either offered drug rehab or fired, with a COPY of your test retained in your file. This is called proof. This is also Federal Law, that copies are to be retained for 5 years.

    If your test is negative, the COPY is retained in the employees file and life continues down the road.

    There is a place on the CCF in the event an employee actually refuses a drug test. This would indicate briefly what happened and a COPY would be sent to your employer, and you most likely would end up with either an offer for drug rehab or being fired. A COPY is retained in the employees file.

    Now back to the story......our case is right now in Circuit Court sitting in a Judge's office waiting for a ruling on this case.

    The clinic has stated in deposition that they do NOT have a copy of his CCF form. But wait a minute....its Federal Law that they have a copy...and guess what else???? Neither does the employer!!!

    But yet, this Judge has refused to rule in over a month with this case! Imagine that!

    Sounds pretty clear to me...maybe I'm crazy...but if I need proof that I am negative, proof if I am positive, and proof if I refused...and the clinic has no record of my randon drug test or can ever prove I was there...the Judge should absolutely rule against them...but yet he stalls.

    If this Judge rules against us here...we will infact appeal his decision, which will take another year and more $$$.

    What exactly would His Honor be saying to the world that anyone that has a CDL and requires randon drug testing...that its OK not to have a copy and proof? Clinics can say what they want, and employers can act on it without proof??? How can a Superior Court Judge override what is written Federal Law for CDL drivers?

    Maybe some of you would say...contact the Federal Motor Carriers and have them investigate it...been there, done that....WASTE of TIME.

    It's always the drivers fault...never no one elses. These federal laws are for you, not them. They could care less if the shoe is on the other foot. They won't give you the time of day.

    Please don't let our horror story become yours....just thought your truckers would want to know..

    I'll keep you posted as this saga continues. Thanks for your time and stay safe out there!

    Pattycak
     
  9. GasHauler

    GasHauler Master FMCSA Interpreter

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    Pattycak it really sounds like the judge does not know the regulations. I'm finding out that this is not rare and is very common. I would help the judge along and refer him to fmcsr §382.401. I would also have them show me proof that I missed a test. You're right it's cut and dry but you know the judge knows nothing about CMV's.
     
  10. Lurchgs

    Lurchgs Road Train Member

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    GasHauler...

    I don't really think it was anything heroic. In fact, when you get right down to it, it was plain out stupid. I think Fire/Rescue arrived in time to have rescued the lady themselves.. but what was, was.

    I say "stupid" for very good reason..

    One thing search and rescue people, as well as Ambulance crews are (or should be) taught is 'scene safety'. This doesn't mean "don't disturb it" or anything like that. It means, quite literally: Look out for number one. Make sure YOU are safe, first

    Your order of priority is: you, your partner(s), any other rescue professionals, bystanders, THEN the victim.

    In my case, we had a dozen or so of us, ALL putting ourselves in insane danger.. none of us was a rescue professional (so, yah, we didn't know any better). But looking back, we came > < this close to adding a dozen or more victims to the scene.

    Dumb Dumb Dumb!

    Not that I'm not proud of what I did, but I do recognize the basic stupidity involved.

    Regarding your experience, I'd say you were far more heroic than I. But we could play that game all day if we wanted to! :biggrin_25514:

    Traumatic experiences like that definitely change us, and it's good to know you don't hold any blame for yourself. How else we deal with it - it's as individual as fingerprints.

    Me, I decided a long time ago that .. well, some people are just too plain stupid to live. It's just my bad luck they had to prove it in my presence. (yeah, I'm a bit of a cynic, I'm afraid. It's kinda like being a pessimist - not as much fun as being an optimist, but I'm right more often). It's probably not the kindest outlook on the world, but it's mine own.

    When they take somebody else WITH them, yes, I'm saddened a bit.. yeah, loss of "innocent" life. However, I find I tend to be more angry, instead. I personally envision a very special place in Hell for those who take others with them.

    I'd better stop, before I get out my soapbox and start a tirade.
     
  11. Lurchgs

    Lurchgs Road Train Member

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    Pattycak

    Absolutely bring the rules to the attention of the Judge. I don't have my DOT book handy (some darn fool left it in the truck), but it sounds as though you have the gist of it.

    If the clinic has no record of the attempt, it never happened.

    It's probably too late at this point, but this might be a good place to come up with a reasonable trucking-savvy lawyer. Yes, it'll cost. But what's that cost now against your hubby's future earnings?

    It seems to me - based on what you've passed to us - that the clinic itself may be in danger of sanction. You can bet they have lawyers on retainer.

    You should too
     
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