Freightliner stepping away from cracked frame rail.

Discussion in 'Freightliner Forum' started by MNdriver, Feb 5, 2013.

  1. Les2

    Les2 Road Train Member

    5,150
    2,288
    Jul 25, 2008
    kicked back in my lazyboy...
    0
    Highly doubt it unless it was the cause of the accident.

    What would be a non approved repair, one not done by the manufacturer? If that's the case then I'd be willing to bet every truck on the road is illegal! Besides even if the truck was in an accident and they found the weld, if it was broke, they can tell if it has been broke or just broke.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. windsmith

    windsmith Road Train Member

    7,296
    6,031
    Sep 2, 2011
    NEPA
    0
    Per the regulation, a non approved repair TO THE FRAME is one that does not adhere to the manufacturer's recommendation. I highly doubt that every truck on the road has had a frame repair.
     
  4. ironpony

    ironpony Road Train Member

    17,502
    12,015
    Sep 23, 2007
    Ask my GPS...
    0
    Precisely.

    The manufacturer is doing a little CYA... rail replacement brings the part into compliance with original specifications, and limits their possible liability in any accident. Nothing more.

    Just don't have an "accident."
     
    Les2 and windsmith Thank this.
  5. MNdriver

    MNdriver Road Train Member

    7,985
    4,372
    Feb 24, 2012
    0


    You really have a reading comprehension issue.


    Mr Eldridge said ALL frame rails are done by complete replacement.

    there are no way that any frames would ever be welded or gloved or anything like that.

    ZERO patches are done. EVER.


    Yet we all know there are repairs done like this to trucks every day.

    Which makes his statement NOT believable. It would come to the question in court, "What would a reasonable person come to understand."

    A reasonable person KNOW that frame repairs are done like this all the time, both in a dealer shop as well as a body shop.

    So a blanket statement by anyone, even at corporate that no repairs are done at anytime, only complete replacements is an acceptable repairs. Easily dispelled by having a single mechanic from a dealer that says, "we repair them all the time in a manner like this."

    Or don't you understand that?
     
    Les2 Thanks this.
  6. windsmith

    windsmith Road Train Member

    7,296
    6,031
    Sep 2, 2011
    NEPA
    0
    The issue, again, is not what's done every day in practice. The issue is compliance, and the liability that goes along with non compliance.

    What will Freightliner put in writing? Will they sign off on your repair as it has been done?

    If not, then you're not in compliance, and liability now falls squarely on your shoulders.

    edit: You would be in a slightly better position if a Freightliner dealer performed the repair as it has been done, but I'd be willing to be that if there ever was an issue, Freightliner would distance themselves from that dealer and claim that the dealer acted on its own in making the unapproved repair.
     
  7. ironpony

    ironpony Road Train Member

    17,502
    12,015
    Sep 23, 2007
    Ask my GPS...
    0
    A manufacturer, and a mechanic representing a "dealer" are separate legal entities. The weight of the opinion of the engineering staff of the manufacturer regarding the original specifications of a frame rail vs a repair, and the opinion of a dealers mechanic is something that a jury would have to consider. The opinion of a mechanic and the industry practice of doing repairs or modifications in this manner as an everyday occurance would certainly not void the recommendations of a manufacturer concerning such repairs.

    Honestly, its not a big deal MNdriver...
     
  8. MNdriver

    MNdriver Road Train Member

    7,985
    4,372
    Feb 24, 2012
    0


    Not at all.


    Because what he stated is NOT "what a reasonable person would come to understand".


    Those words are in quotes for a reason. Because in a court of law, THEY make or break a case.

    http://www.lolawyer.com/legal_humor/supreme-court-announces-definition-of-reasonable-man
     
  9. windsmith

    windsmith Road Train Member

    7,296
    6,031
    Sep 2, 2011
    NEPA
    0
  10. MNdriver

    MNdriver Road Train Member

    7,985
    4,372
    Feb 24, 2012
    0

    Seriously?

    Windsmith and Autocar are making it out I am driving around in a truck that is going to spontaneously come apart and destroy a family in a minivan and It's squarely on my shoulders only since I authorized this repair which isn't what the manufacturer "recommended".
     
  11. ironpony

    ironpony Road Train Member

    17,502
    12,015
    Sep 23, 2007
    Ask my GPS...
    0
    Maybe it is to them! :biggrin_25523:
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.