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. Kozlowskis 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 posttrial 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. Kozlowskis sentencing has been set for July 24, 2009. This investigation was conducted by OIG.
Need a good reason not to falsify your log book?
Discussion in 'Trucking Industry Regulations' started by dieselbear, Jun 2, 2009.
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Definitely a good reason right there.
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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? -
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???shriner75 Thanks this. -
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 ? -
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 Drivers 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 drivers log book scheme. Sukhwinder Singh, Tarsem Singh Pahal, Bhinder Singh RAJU, Daljit Singh, and Jaspreet Singh were sentenced for keeping false drivers log books while employed as truck drivers for Nijjar Brothers Trucking, Inc. of Madera, CA. Mr. Sukhwinder Singh, the companys Safety Director, was sentenced to 6months home detention and 24months probation. The remaining defendants were sentenced to 3months confinement, 3months home detention, and 24months 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 fourvehicle collision, killing a father and his 13yearold 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. -
From a retired federal DOT officialrikdev50s and dieselbear Thank this. -
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. -
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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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