Back Logging your Book

Discussion in 'Trucking Industry Regulations' started by cdweb, Feb 21, 2010.

  1. bigredinternational

    bigredinternational Light Load Member

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    omaha, ne
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    Mike MD,

    I reviewed your successfully prosecuted cases list and came up with fewer than 20 cases out of 242 in which you got a fine in excess of $100,000. And you did all this working for a government that is insolvent and you have been promised a pension that is unfunded in the current account and your children will have to pay for it.

    My employer instead must pay his bills as he goes and he does so without printing money unlike your employer.

    BRI
     
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  3. Mike_MD

    Mike_MD Medium Load Member

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    The carriers I visit have a history of roadisde inspection violations or a fatal crash or a severe crash or a complaint.

    What do you call it when the driver falsifies their logs thinking no one will ever be the wiser?

    It's a cat and mouse game. Drivers try and out wit the rules by covering up hours used so they can drive more hours.

    It's my job to investigate and discover HOS violations and any other violation of the FMCSR. IMHO I'm #### good at it. When drivers and carriers sacrifice safety in pusuit of more money then they reap what they sow.

    Not making enough money? Find a better job. When drivers say enough is enough and quit violating the HOS and FMCSR to survive they will be better off.

    I don't rub driver's or carrier's nose in it when they are caught; however, I don't cut them any slack either. It is what it is and they've been caught end of story.

    In my humble opinion the paper logs on on their last leg. Senator Oberstar of WI wants EOBRs in all vehicles by 2015.

    Be safe.
     
  4. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    And it has been turned in to that by the people who say they are doing it in the name of safety. If we were not still classified as unskilled labor and were actually covered by labor laws it would not be the way it is now. Ironic isn't it? Not really since we live in a completely socialistic controlled society.
     
  5. Mike_MD

    Mike_MD Medium Load Member

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    I don't know what you thought you were looking at, but I don't recall any cases over $100,000.

    250 X $10,000 = $2,500,000

    If carriers and drivers don't violate the rules then drivers or carriers wouldn't have penalties to pay.

    I can see you are like many others are unaware of how the Govt functions. The old retirement system went away about 1985. My retirement is based on a Thrift Savings Plan much like a 401K. There is a matching process up to 4%; however, if you don't make contributions you receive 1% of your salary toward retirement. The rest is suplimented by Social Security.

    I recently did a compliance review and during the review I received a call from the carrier's banker. Seems the carrier was deliquent for more than 90 days on the first payment of 5 used trucks. Funny thing was the owner was in Florida on a honeymoon with the secretary.

    A few years ago I did a CR at a carrier and asked for the payroll records, the response was we don't have them. In dismay I asked again and indicated of course you have payroll records, where are they at? The carrier responded they were six months behind in payroll. There's no way you're six months behind in payroll. Come to find out they were using endetured servants from Easter European countries paying off debts encoutered to come to the good ole US of A. did I mention the owners were all driving Mercedes and BMWs?

    It once took me six months to track down a carrier that moved from IL - CA - IL - CA - IL. Discovered him in front of his $500,000 home next to his Lincoln Navigator. His response? The company's broke. I cannot imagine why.

    If people lived within their means and avoided killing others in the pursuit of the dollar then there would be no penalties.

    My work has paid for my salary plus my retirement. I sleep very well at night knowing I perform a function that keeps the road safer.

    Be safe.
     
    Last edited: Feb 21, 2010
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  6. brsims

    brsims Road Train Member

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    Meadville, PA
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    Fried Tater is definitely "old school" as a driver, and there was a time when he was absolutely correct. I myself did alot of "backlogging" in the early days to get those extra few miles down the road, and an extra few bucks in the paycheck. In the modern age, however, this is an EXTREMELY BAD IDEA!! There are far too many ways to get nailed with illegal logs, and frankly the costs outweigh the potential profit. Plus, more and more companies are moving to electronic logs. Yes, it is possible to cheat the e-log. But in the end, there is no benefit to the driver. Log it as you do it, and your career will last that much longer. Legal logs are the best way to CYA. The potential consequences of illegal logs include being thrown over the bak of the sled by your company, accidents (in my case) due to lack of attention brought on by exhaustion, and possibly maiming or killing that nice family out for their vacation. A true professional (sorry Tater) maintains himself and his paperwork in compliance with all federal regulations. If there is a question between company policy and federal regulations, go with the federal regulations. They will save you in case of legal issues. Remember, companies (supposedly, anyway) do not set the law. And it is the law that will destroy you. I'm OUT!
     
  7. Mike_MD

    Mike_MD Medium Load Member

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    So OSHB, what motivates you to violate the FMCSR and recklessly endanger the public because brakes are out of adjustment, you're tired, or the vehicle is poorly maintained?

    Life is a beach then you die. For goodness sake man get a grip. Do you think for a moment that truck drivers is the only group of employees not covered by FLSA? #### man there are millions of workers that fall outside FLSA, including me! My position is officially classified as non-FLSA.

    Who cares how OSHA classifies the job, if your good at what you do and find a reputible company to work for then who cares? Many engineers drive truck as part of their duties in performing the engineering functions. It's the person that matters not the job description.

    Sheesh.

    You all have fun, I can see I've struck a nerve and made people painfully aware their actions have consequences.

    Have fun and as always....

    Be safe.
     
  8. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Please show me where I stated that I do any of the above that you mentioned. That's what I thought you can't because I didn't and I don't.

    My point being if most were paid a decent wage and not rewarded for doing those things then this would not be an issue. FYI I do make a good wage and don't have to break the regs, my company went through a full compliance audit almost 2 years ago and I was one of the lucky ones to get audited and had no problems. We also still have an ISSD of 29 which is a PASS. I have never had a single violation or a ticket in a CMV, I'm simply debating an issue with you so when you say get a grip maybe you should heed your own advice.
     
  9. Grouch

    Grouch Road Train Member

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    If a driver turns "state evidence", then that driver is labeled as being "disgruntled" or a "whistleblower". Try it sometime. The DOT wants all the details such as names, truck #, dates, and anything else that they can just walk in and go straight to the files without having to put forth any effort on their own. I gave up on this a few months ago. If they had any listened to me with one ear, then some people might be alive today.
     
  10. cdweb

    cdweb Bobtail Member

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    Guess I will be working...on out--standing-- in-- a -- field.
     
  11. cdweb

    cdweb Bobtail Member

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    Brick, New Jersey
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    Well appreciate the help.... I am pretty screwed when I run 7 days and don't get a reset. My company cannot even understand how a driver can run out of hours! 11 times seven its that simple. Now I know why drivers do not stay at this company. Besides lower pay runing illegal. Then they tell me no load is worth your life so if its bad pull over..... ok .... Next day they need me to take another load to MASS I need a 10 hour break.... well just rip out that load you did to CT and run the MASS load. This is not right.... my life means no fricken jail either..... guess I will just find another field to work in.... to many companies are doing this crap to me here in the east coast. Am just tired.....
     
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