Cell phone ban

Discussion in 'Trucking Industry Regulations' started by tross2000, Oct 15, 2011.

  1. Meltom

    Meltom Road Train Member

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    I wouldn't trust management if I were you.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Probably not.

    But I usually use the headset and the speaker.
     
  4. Scott101

    Scott101 Medium Load Member

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    The fines are FAT. Who gets that revenue?
     
  5. Meltom

    Meltom Road Train Member

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    Kittens that think about murder all day long.

    [​IMG]
     
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  6. Tazz

    Tazz Road Train Member

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    Those are worded just like the texting,HOS, regulatory compliance. It says up to not as a specified amount.

    HOS can be between $1000 and $10,000 in the regulations but no one pays that.

    The biggest thing is now drivers are going to be paying to get this ticket changed because second offense is a sixty day suspension upon conviction.
     
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  7. Cowpie1

    Cowpie1 Road Train Member

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    I solved that problem, at least from a US standpoint. I own the truck. It is my place of business. I placed an OSHA approved sticker on the dash that states "designated smoking area". I own the business so I can determine areas of my company where I can allow smoking. Done.

    I know, getting in on this conversation a little late.
     
    Last edited: Dec 3, 2011
  8. Cowpie1

    Cowpie1 Road Train Member

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    Though late to this party, I have pondered this cell phone ban idea to some extent. Unless one is in an accident and then their phone can be subpeonod and used as evidence, how is LE going to actually know if you are using the thing or not? They have no allowance in any regulation to pull you over and search your phone. And the driver (at least in the US) has the right to not consent to this search (4th Amendment), and the owner could password protect the phone and not provide the password if asked (5th Amendment). Of course, LE has the badge and the gun and can do whatever they want, but by not just opening the door for them by consenting to the search, it is more than possible to have any conviction thrown out in court as unreasonable. Even if you are guilty of using the cell while driving, there is no need to make LE's job easier. Avail yourself of your right, while being respectful of the LEO. Even those guilty of some offense have had the conviction thrown out due to an unreasonable search conducted by an LEO. Just don't "open the door" for them, to legally justify a search. You might save yourself a lot of grief later on. And keep in mind, LE is not your friend. Don't talk with them like they are. And there is no such thing as "conversation off the record" with an LEO.

    Even if the LEO says he/she saw you using the phone, do not admit or deny anything. Still do not consent to any phone search. Live to fight another day in court. Give your attorney something to work with. If it gets thrown out on unreasonable grounds, the LEO will not look good in front of the judge and may be a little more restrained in trying to go after the next guy.
     
    Last edited: Dec 3, 2011
  9. T-Lady

    T-Lady Medium Load Member

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    I'm only 2 pages in, but disabling a phone when it senses motion is a BAAAD idea...say there's an emergency, somone's headed to the hospital (not due to a cell phone related accident), and the PASSENGER NEEDS to make calls to friends, next-of-kin, etc...you really expect the driver to keep it under 25? Or another scenario...a woman/man/child is kidnapped and thrown in the trunk of a car. Oops, the dufus who put him/her there didn't find the cell phone in a pants pocket ...oh, no...we can't call 911, grandma, etc...because there's no service! And before you say "oh, wait...ONLY 911 calls!" how long before another law is put into place blocking EVEN THOSE?
    The law that should supercede 98% of the other laws on the books is SIMPLE...

    It's called COMMON SENSE.
     
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