Driver got pulled over in Michigan for Speeding
Discussion in 'Trucking Industry Regulations' started by Trouble65, Jul 9, 2010.
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Bear in mind your GPS records are admissible in court and DOT has been granted access to those records if they are requested. Additionally, they are allowed to access any other electronic locators, such as cell phone tower locations. If your driver gives you a log page that reflects anything other than the information you already have and you accept that log page, you as a business owner may end up in hot water.
Some tried to say Qualcomm and other similar devices would ruin trucking, but the industry largely went along with their use. They figured QC would only be used as a tool within the business. The guys who warned about this saw the writing on the wall. Now QC is being used as an intrusive enforcement tool. It is no longer helpful to the trucking industry. -
I guess you're having some math issues, cause 105 km/h = 65.2439752 mph
which explains the reason i've been to canada with a 64 and a 65 mph governed truck with a BIG carrier name on the side that the MTO recognized, with no issues whatsoever
Problem is GPS, Qualcomm, and cell phones are not accurate enough to be used the way they are. Especially qualcomm. Also, I will be working for a company starting next week that uses blackberry phones as their only communications and locating devices, no qualcomm. I am going to keep the phone with me any time i am under dispatch, whether or not im in the truck. Just because the phone moves a couple miles doesnt mean teh truck did! The phone will be with me in case i get a load or other important message while im not in the truck, such as if i jump in my car and go home while still under dispatch. -
I think trouble65 knows where his trucks are governed and it doesn't matter anyway. There was a Swift company driver given a ticket in California for 68 mph. Swift sent their own lawyers in to fight the ticket since their company trucks are also governed at 62mph and the QC records did not show any overspeeds on the driver. It didn't matter. The ticket was upheld and had to be paid.
You are wrong about the (lack of) accuracy of QC. With some very few exceptions, the satellites will have your location within a few miles, depending on which system your company is using. Prime's system can locate you within a half mile. I have looked at the electronic log locations the QC had me at. It was always correct to a gnat's butt. Which is why some companies are abandoning those types of tracking devices. You're lucky enough to work for one of those companies.
But back to the OP...the information given on this thread sinks his driver. The GPS he chooses to use to track his trucks proves the log violation regardless of what the sheet of paper the driver places under his nose says. Technology is a double-edged sword. He has times and locations. Locations don't matter so much. It's the times that show a 14 hour violation. Maybe he should have spoken with a lawyer before posting that information on a public forum. Now he has the added burden of knowing his driver was in violation and the options of either accepting his driver messed up or knowingly accepting falsified logs if those logs do not reflect information he already has. I'm just curious whether it's his driver he's concerned with or his own DOT/CSA2010 standing he's worried about.
Just for grins, has anyone considered the governor on that truck may have been tampered with? Naw! Drivers would never do that! -
My math average was 98%
Yes you are right 105kmh = 65Mph.
Ontario Government has truck speed limit set to 65mph our trucks are set # 62Mph. These is why I'm saying he was not speeding. -
Like I stated before, I can't comment on the log book violation until the driver comes back and I can have a look at it.
I mentioned to the driver from what I can understand by looking at the GPS he was over the 14 hour rule. What placed him over is the 5 hour he spent sleeping when he should have been driving if he would have slept for another 3 hours he would be fine. He had 19 hours to get to his destination once he was loaded after all its only a 9 hour and 30 min drive from pick up to drop off.
Yes I'm concerned about my CSA 2010 rating; my score is 28 which is not too bad. We had only one vehicle out of service so far and thats after my driver took his 8 he drove 30 minutes down the road going over the Ohio scales and was pulled in because he had a flat trailer tire.
I work hard to make sure my equipment is in great shape and my drivers don't break any laws. However I have no control over how the equipment is looked after while its on the road. I also cant control what the driver does with his logs while in transit.
If the driver is at fault then he has to accept his punishment, and I have to look at his employment history and see if we will still employ him.
Having said all that, I will always stick up for my drivers since nobody else does. However intentionally lie to me and you are done.
Yes the driver could have tampered with his speed limiter however anything over 65mph I get an email sent to me with the infraction.
Now I have another issue with the same driver. They rejected his load because it was too hot.
Cant wait until this day is over.
Wiseguywireless and Saddle Tramp Thank this. -
Your GPS indicates the driver "GO" at 11:33 AM and was stopped at 1:48 AM. That's a total of 14 hours and 15 minutes (12 hours and 27 minutes plus 1 hour and 48 minutes = 14 hours and 15 minutes); therefore the GPS supports the OOS for HOS violation.
The five hours in the SB counts against the 14 hour clock.
The only thing that stops the 14 hour clock is 8 hours in the sleeper berth ot 10 hours off-duty or SB or SB/off-duty combined.
In regard to the speeding ticket... It has been pointed out that drivers can drop a gear and run at a higher speed on some goverened trucks and there is a company selling a device that fools the truck's computer the vehicle is going slower by slowing down the impulses.
http://fastertruck.com/
So saying your trucks are governed at 62 mph is moot.
Be safe.dancnoone Thanks this. -
LMAO, I was about to point his error out, when I saw your post.
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They also are noted in that area to use the excuse that they didn't see your seat belt on. I wore a White T shirt and have a black belt. " I told the Lady that I have been hearing a number of complaints of them pulling over truck drivers for the same issue just so they could check Log books and stuff, and that I wanted to talk with the Officer that was in charge of everyone that day and also called a Lawyer. She let me go..... They are very corrupt in that area, I have been told this by 2 different State troopers that I won't say who they are and where they are from in the state. but it is a racket that they are pulling off in the Lansing area!
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LOAD OF CRAP. my tractor is governed at 62 also, I guarantee that if you were to download my tractor its going to show speed up as high as 85, and regularly 70+. I'm not going to say how but just because the company sets a governed speed it has never really meant anything.
This whole story sounds like its being told by the driver in the 3rd party looking for a way out without saying so.
As far as being put out of service sounds like your driver need to keep his book current.
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