The Great Logbook Scam

Discussion in 'Trucking Industry Regulations' started by The Ancient Mariner, Feb 1, 2009.

  1. krash13ss

    krash13ss Light Load Member

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    shady point ok.
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    If you are sucsessful in your fifth amendant argument they will just mandate black boxes for everyone
     
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  3. dibstr

    dibstr Road Train Member

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    I certainly don't. In fact I am kind of a live and let live person who encourages others to follow their dreams even if they result in a nightmare.

    That said, Fifth Amendment protections do not extend to records that are required to be kept by law (which includes CFR's). Case law already covers this. If records are required to be kept are regulatory in nature, they contain information that the regulated party would ordinarily keep and have assumed public aspects which render them analogous to public records, they are not protected under the Fifth. Additionally, an individual may not invoke the Fifth Amendment privilege to avoid producing the documents of a corporation or other collective entity that are in his custody, even if his act of producing those documents might be personally incriminating (Collective entry doctrine).

    If your dream and idea of fun is to cause yourself more problems then please plow forward.
     
  4. crzyjarmans

    crzyjarmans Road Train Member

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    Very true, I know a guy that 3-5 years for this, got out in 2 for good behavier, Im not willing to go to jail, not say the op is wrong, but not willing to give up my freedom
     
  5. d o g

    d o g Trucker Forum STAFF Staff Member

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    How can you consider yourself to be a responsible carrier when you are willing to be placed out of service for 10 hours everywhere you go? I think most shippers would expect more from their carrier. I don't want my stuff sitting on your truck for an extra 10 hours just because you want to prove a point.

    If you loaded for me and I found out you were doing that in the name of some silly little experiment, I'd do my best to put you out of business quicker than the feds could.
     
  6. shredfit1

    shredfit1 Road Train Member

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    Ancient Mariner is quite correct. Income tax via a persons labor IS in fact Unconstitutional. He/She is also pointing out that a Capitol gain isn't really a gain if no Capital is gained...Hence, NO income... Which is clever and also quite correct.

    Perhaps another way to look at it is this: Say you buy a new car, pay taxes... it is NOW your possesion. Say you then sell the car, again the purchaser MUST pay taxes again(wait a minute, taxes were already paid for the item correct? Yup... gov't doesn't care this is THEIR scam) Say then, the second owner then sells the car... Guess what the new owner pays? Yup, taxes.... Say during the life of the car, it gets bought and sold 6 or 7 times(not unrealistic)... The taxes add up to nearly 30% of the orginal purchase price of the car.... :biggrin_2556:

    What Ancient Mariner is refering to is that a persons labor or potential labor is a 'possesion'. The bardering of the possesion is not income as the possesion is already preordained. Hence, no net income.

    Should one be sentenced for violating 'codes'??? I know for a fact my neighbor across the street didn't adhere to building 'codes' when building his garage... should we give him some jail time? Why stop there... how about the school dress 'codes'... Perhaps, we can throw some kids in juvenile jail for violating them.... Sheesh
     
    silverspur Thanks this.
  7. shredfit1

    shredfit1 Road Train Member

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    A better question... Who regulates the regulators that regulate the companies requiring that they regulate the drivers? hmm?
     
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