So you think you're cleaver?

Working Class Patriot · Apr 16, 2010

Trooper Monty Dial (Ret), stated on Lockridge's show yesterday that in his experience, the Mexican trucks he has seen are not the "Safety Deficient" trucks we claim they are....

He did say that we should avoid the safety issue....But rather focus on the loss of American jobs if the mexican trucks will run up here......

phroziac · Apr 17, 2010

07-379Pete said: ↑

To bad you aint in Laredo Tx. The POS trucks are every where down there and most are sporting 2009 and some all ready have 2010 CVSA decals. I have been told more than once that across the border for a 20 dollar bill I can get one too.
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I remember being down there and seeing all the old cabovers from the 80s, NO GREASE ON ANY OF THE FIFTH WHEELS....yet if you picked up a trailer that had just crossed the border...it was guaranteed to not have gladhand seals on it. WTF? Why didn't they just steal some grease off the trailer too? Better than nothing!

Things like that just show a lack of caring for the equipment. Fifth wheel grease matters but isn't the biggest thing. But the fact that most trailers have a lot of excess grease on the aprin, that you can just scrape off and onto your fifth wheel, for free, when you're already stealing tires and gladhand seals, just shows that you dont care.

TheManUpstairsIsWatching · Apr 17, 2010

Winchester Magnum said: ↑

Me personaly, I am a strong advocate of the idea that anyone elected to state or federal office, including those appointed by said, must wear GPS tracking ankle bracelets 24/7/365 durring their term of "service". I'm pretty sure these people in Washington are doing more damage to this country than some truck driver who is nailed on a technicality (lack of 'supporting' document) could ever do.

Mike, I know you're implying the senarios of some trucking outfitts that truely need to be shut down perhaps, but I'm just showing ya that untill the regulatory/governing body gains any respect from hard working folks, many Americans will not GAF about laws which they deem unreasonable, excessively expensive, or downright retarded, assuming they think they can get away with it.

I've been at this trucking game since the late 80's and have never wrecked my rig or hurt anyone. Ever. What really pisses me off to no end, is the fact that there are far more corrupt people in government and enforcement, than I have ever been or will be in my life.

Sorta along the lines that the president of the United states of (what's left of) America has admitedly done illegal drugs in his life, whereas I have not done any illegal drug once ever in my life, period. Yet I've taken countless drug tests over the years, with the most recent 3 months ago, just to prove this.

It's unfathomable that a guy like me, a middle class taxpaying nobody, is held to a higher standard than the government officials running this country, which includes a self admited cocaine drug user in the white house who balks at providing "SUPPORTING DOCUMENTAION" of his citizenship.

We might have been off on that last toll reciept by a few minutes, or hell even an hour, but at least we didnt blow bazillions of dollars (yes I said BAZILLIONS) on some ######### earmark that takes money from all working folks, yet benifits a few hundred in Chitcago or some other ghetto hellhole.

Not trying to flame ya Mike, and no disrespect intended, I just wanted to air this out. Enjoy it while you can tho, as we are going to take our country back soon....We have had enough and can't take any more.
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I would have this post framed and mounted in any truck i drive if i could

Mike_MD · Apr 17, 2010

Baack said: ↑

Its all good BD
My post was not directed at you necessarily
But your post represented a sentiment that bothered me
That the law is not to be questioned
Their authority must not be challenged
And that those that do are "just cop bashing"

With the direction of the country right now (socialism), I think questioning our government both federally and locally must be done
Way to much power is in the hands of our enforcement individuals

Yes we have the ability to stand in front of a judge
Who will take the word of the officer over that of the defendant
The same officer who weekly goes in front of the court, and with practice knows what to say and how to slant things to the satisfaction of the court
Guilty is the normal out come

If by chance an attorney can be afforded and the case won
Then the out come makes for a even more hostile officer and his unintended (becomes intended) corruption of the system and future persecution of citizens
It just becomes a huge whirl wind that spins out of control

Then to have a retired officer tell us that "You are so clueless as to what life is all about" is offensive
I believe its the other way around our government is clueless
Our protectors have become our dictators

I may be reading more into your post than you intended so forgive me for that
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Baack; FYI:
The FMCSA does not write tickets. Investigators build cases with supporting documents, interviews, oral and written statements. The evidence demonstrates:

1. Commerce occurred

2. The rule applied at the time, i.e. interstate or intrastate; 10,001 pounds or more or 26,001 pounds or more;

3. The violation occurred, i.e. oral interviews and phone records and lack of an invoice demonstrate no tow truck was called.

The FMCSA has to use administrative law rules of evidence, i.e. the preponderance of the evidence demonstrates to a reasonable person the violation occurred; unlike criminal law rules of evidence which require beyond a reasonable doubt.

Its not a simple matter of my word verses the carrier or driver. Its a matter of the carrier or driver trying to disprove the evidence presented against them.

Be safe.

truckerdave1970 · Apr 17, 2010

Mike_MD said: ↑

Baack; FYI:
The FMCSA does not write tickets. Investigators build cases with supporting documents, interviews, oral and written statements. The evidence demonstrates:

1. Commerce occurred

2. The rule applied at the time, i.e. interstate or intrastate; 10,001 pounds or more or 26,001 pounds or more;

3. The violation occurred, i.e. oral interviews and phone records and lack of an invoice demonstrate no tow truck was called.

The FMCSA has to use administrative law rules of evidence, i.e. the preponderance of the evidence demonstrates to a reasonable person the violation occurred; unlike criminal law rules of evidence which require beyond a reasonable doubt.

Its not a simple matter of my word verses the carrier or driver. Its a matter of the carrier or driver trying to disprove the evidence presented against them.

Be safe.
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So in other words the burden of proof is On the defendant?
Isn't that completely backwards Of what our legal system is supposed to be?
What ever happened to being innocent until proven guilty?
I guess this is just another case of perverted justice being perpetrated against secondary citizens oops i meant to say truck drivers!

Mountainman444 · Apr 17, 2010

truckerdave1970 said: ↑

So in other words the burden of proof is On the defendant?
Isn't that completely backwards Of what our legal system is supposed to be?
What ever happened to being innocent until proven guilty?
I guess this is just another case of perverted justice being perpetrated against secondary citizens oops i meant to say truck drivers!
Click to expand...

Nothing new. I truely believe it has always been this way. The "innocent until proven guilty" is a nice saying but has never been true. If you are charged and arrested everyone that knows you "assumes" you are guilty and just got caught. The courts and lawyers think you are guilty. And your jury goes in with it in the back of their heads that you are guilty or the police would have never arrested you. Thus going in you must prove your innocence or get off on a prosecution mistake.

Always been this way, IMHO, Joe

Working Class Patriot · Apr 17, 2010

truckerdave1970 said: ↑

So in other words the burden of proof is On the defendant?
Isn't that completely backwards Of what our legal system is supposed to be?
What ever happened to being innocent until proven guilty?
I guess this is just another case of perverted justice being perpetrated against secondary citizens oops i meant to say truck drivers!
Click to expand...

Didn't you know the driver is always:

Wrong?

Guilty?

Mike_MD · Apr 17, 2010

truckerdave1970 said: ↑

So in other words the burden of proof is On the defendant?
Isn't that completely backwards Of what our legal system is supposed to be?
What ever happened to being innocent until proven guilty?
I guess this is just another case of perverted justice being perpetrated against secondary citizens oops i meant to say truck drivers!
Click to expand...

Wow that's quite a twist. The violation is investigated. EVIDENCE is gathered and presented for the charges to move forward:

Originally Posted by Mike_MD
Baack; FYI:
The FMCSA does not write tickets. Investigators build cases with supporting documents, interviews, oral and written statements. The evidence demonstrates:

1. Commerce occurred

2. The rule applied at the time, i.e. interstate or intrastate; 10,001 pounds or more or 26,001 pounds or more;

3. The violation occurred, i.e. oral interviews and phone records and lack of an invoice demonstrate no tow truck was called.

The FMCSA has to use administrative law rules of evidence, i.e. the preponderance of the evidence demonstrates to a reasonable person the violation occurred; unlike criminal law rules of evidence which require beyond a reasonable doubt.

It's not a simple matter of my word verses the carrier or driver. It's a matter of the carrier or driver trying to disprove the evidence presented against them.
Click to expand...

Administrative law does not require a jury by your peers. If the veidence presented is strong enough to support the case it's a done deal. If a carrier or driver desires to challenge a charge they have appeal reights un 49 CFR Part 385 and 386 and the case will be reviewed by an "ALJ" (Administrative Law Judge).

Are folks here trying to dispute the fact the evidence proved the charges were valid?

#### folks get a grip, it's not like the officer is in court saying you ran a stop sign and it's your word against the officer's. The FMCSA cites carriers for violations listed in 49 CFR Parts 107 - 397, i.e. 395.8(e) false records of duty status.

There is a J-1 from the rail yard, a date/time stamped daily fuel purchase summary with a signed fuel receipt that disagree with the driver's paper log. The two time stamped documents have been documented as being true and accurate, the driver's log has the driver's signature the log is true and accurate. Sorry two against one, the driver's siignature looses.

The periodic inspection expired 12/2009, the next periodic inspection was completed 02/12/2010, there are no invoices or other periodic inspections to indicate the vehicle was operated with a current period inspection from 01/01/2010 to 02/14/2010. Sorry the carrier looses.

The driver had a pre-employment drug test at 10:30 AM on 02/17/2010; the driver departed at 3:00 PM 02/17/2010 with a load going to NY. Sorry the carrier used a driver before receiving a negative result for the pre-employment drug test. The carrier looses.

Be safe.

Working Class Patriot · Apr 17, 2010

Who is on the carrier's or driver's side in all of this?

Am I the only carrier who although is respectful to DOT...I don't let them push me around?

Some of you may have read my posts about what happened to me the other day going through the Monument coop and DOT's feeble attempt to fine me for being overladen when in fact, I was well below the legal weight limit on a spread axle trailer...

Or when San Jon P.O.E. tried to hit me up for a trip permit when in fact I already have an annual Weight Distance filing.......On record...in their system......
Oh...and Trinidad claimed I didn't have the Weight Distance filing on record as well....

outerspacehillbilly · Apr 17, 2010

Working Class Patriot said: ↑

Who is on the carrier's or driver's side in all of this?

Am I the only carrier who although is respectful to DOT...I don't let them push me around?

Some of you may have read my posts about what happened to me the other day going through the Monument coop and DOT's feeble attempt to fine me for being overladen when in fact, I was well below the legal weight limit on a spread axle trailer...

Or when San Jon P.O.E. tried to hit me up for a trip permit when in fact I already have an annual Weight Distance filing.......On record...in their system......
Oh...and Trinidad claimed I didn't have the Weight Distance filing on record as well....
Click to expand...

I think most are scared to death of them actually. They pretty much figure that they will stick it up their ### one way or the other, and they probably will try, so most probably just bow down and pay the fine and go on when in fact that's why they continue to try and get away with it because most don't have the balls to stand up to them even though they know they are in the right.

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