Can you cheat an eLog?

The fishing industry made up of 90% owner operators said the goverment could never control the whole fleet from eastport maine to gulf of mexico to alaska. They not only did but in gloucester mass alone the fleet went from 1200 boats in 1994 to under 400 in 2010. The ones that stayed bought out guys like me to have enough quota to survive. So the belief that they cant control the O/O's is erroneous

 

That's the end game for all industries not just trucking and like you say it's fairly easy for them to regulate small family business out of existence and is the natural progression of any form or system of government to do so.

 

And they were all in HOS violation? Were there in other mitigating factors in the accidents?

People like them? Again, you think they HOS regs have something to do with safety. Surely there MUST be evidence to back this up. Please present it. Again, drinking too much alcohol beyond someone's abilities can also cause fatal accidents... Should we then ban all alcohol from everyone, for safety of course. If people can somehow 'know' their limits on alcohol... how can they somehow, not know their limits on fatigue?

Are you saying that fatal accidents cannot happen without HOS violation? A believe most don't involve HOS violations.

He was refering to 'no child left behind' which was signed into law. It matters not where you send your child for education... public or private schools... they are still bound by that law. This is why your logic fails. and it's total BS.

Interesting, you state that we collectively pay for roads, and we do... whomever drives a motor vehicle pays a fuel tax for their 'right' to use them. But somehow, it is a 'privilege' to use a road. How can something be deemed a 'privilege' to use when you clearly pay for it? Please explain.

 

You are extended the privilege in your license to participate. You are taxed for use through fuel tax. Fairly simple system. If you have no license or privilege you will not have the burden of paying fuel tax.

Now if you have a system for building, maintaining , and regulating use of roads please share it.

 

shredfit1, That was a good response, but you wasted more time on him than I would.

 

Why is have a license a privilege? Isn't free unmolested travel garenteed to me via the Constitution?

Isn't a license just a document showing I have passed tests giving me the ability to operate a vehicle? Why MUST privilege be assigned to the document?

Saying driving, as a mode of travel, is a 'privilege' is as silly as saying. You may freely travel unmolested anywhere you wish, 'but without shoes'.

Moreover, the supreme court... has deemed a vehicle a 'personal possesion' or effect.... With this said, we have a Consitutionally protected 'right' to unmolested travel with personal effects. So If I'm paying for the roads, and obey laws. Driving(as in travel) is clearly NOT a privilege. but a 'right'.

 

It really doesn't matter about mitigating factors. Semi/bus accident in WI a few years ago involving a number of deaths on the bus with the semi driver at fault. They didn't go after him for negligent vehicular homicide. They got him for multiple counts of fraudulent logs. Its a felony.

By the FMCSAs own admission in federal court, it is impossible to determine the state of fatigue of a person without comprehensive and extensive testing in a controlled environment. That's something that can't be done at the roadside, and especially by the Minnesota State Patrol.

The rational behind the HOS is that regulating your behavior as a driver, i.e. requiring a rest period, is all they can do to ensure that you have the opportunity to get necessary restorative sleep. Since you have the opportunity to sleep, it is up to the driver to go to sleep - relieving fatigue, and promoting safety.

...at least that's how THEY argue it. YMMV.

 

Really. I would say every DMV in the lower 48 would disagree.Your need for a mode of travel does not grant you a right to unlimited use. Every removal of driving privileges is worded as such. Use is a privilege because society has no requirement to provide you with a way to travel. We (And I mean everyone from that crotch rocket popping wheelies to that 50 axle super move) collectively choose to participate in the public roads. Part of that choice is a tacit agreement to abide all laws, rules and regulations set forth for the privilege of participating. That is another price of your privilege.

It is not a right because you can not have a right that others must provide. That is what makes it a privilege. Now if you want to build your own road you would have the right to operate whatever and however you wish upon it. But society has no burden to provide you with that road. Hence not a right.
Now you have the right to not be arbitrarily excluded because of race, sexual orientation, religious view, or gender. That is the extent of any right to a driving privilege.




Where in the USC is

Saying you can travel that way is a far cry from saying we must provide that travel.

 

This is what the Constitution says...

Article I, Section 9 of the Constitution:

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

...and of course:

Article I, Section 8 of the Constitution:

The Congress shall have Power...

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

In other words, all the federal government can do is make your life miserable driving a truck by regulating the heck out of it. The states have the right (since it is not ennumerated) to force you to carry your detested license. Besides, they need the money!

...if ya don't like it, complain to your representatives!!!!


But ya better have a whoppin' big pile of wampum, because they don't pay attention to the little guys any more. Like Mitt says, yer on yer own buddy!

 

We have quallcom and I have been told if you log out and drive safety won't say anything but if you go over "on the books" then you get dinged. Course anything goes wrong and it's all you. If you were running a loop you could log off at a location and then when you got back there log in.