Due Process & CSA2010?????

Discussion in 'Trucking Industry Regulations' started by DsquareD, Jul 15, 2010.

  1. Yatista

    Yatista Medium Load Member

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    You have always been asked to provide 10 years of background and a list of all your violations when you apply for a driving job. Why is it such a problem to be held responsible for the most recent 36 months. Were you falsifying your applications? If your driving for the same company, then you have already provided them with the information about all of your violations and warnings. Is your problem that someone else will be keeping a record? Everything that is on your record you earned, the good and the bad. I believe that holding each individual responsible for their actions is a good thing. Those that seek to hide their background will now find it more difficult.
     
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  3. Markk9

    Markk9 "On your mark"

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    I don't see anything in the law that states you can not be held accountable for your past.

    If we didn't hold peoples past accountable, then why can an employer ask if are felon?

    Mark
     
  4. Rocks

    Rocks Road Train Member

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    Are you a truck driver?? Yes, we, truck drivers already give companies and government all our info, background, driving records, employment records, medical history, etc, etc. Sometimes I think that is already too much... But we have been held responsible for our actions and we have paid for our wrongs. Why now will they go back to the past and give us even higher scores for violations we have already dealt with and ruin the career of some of us because of old violations, some of which were corrected in court... Do you understand what I am saying?? Maybe not...:biggrin_25513: Yes, we truck drivers are held to the highest standards and that's good but the FMCSA is going way too far with this ###### CSA and abusing us, truck drivers.
    Then, why does the CSA give us points if we get involved in an accident, even if it's not our fault?? WHY!? Do you think that's fair too??? :biggrin_25510:
     
    Last edited: Jul 22, 2010
  5. Rocks

    Rocks Road Train Member

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    So, would it be ok for you if the government would destroy your career, or your life for something that happenend years ago which you have already paid for in the past?? Would that be ok with you?
    And what if the government told you, "hey, by the way, that unfortunate incident that happened 3 years ago and neither you, nor the officer who caught you considered the violation that severe cause it wasn't a big deal then anyway, but NOW we will charge you big time for that.." Would you agree with that too???
    And what if in the future the government changes its mind again and decides to give even higher scores for those same old or older violations???

    This doesn't make any sense. We are not trying to hide anything. But we don't want to be over penalized for things we already dealt with in the past, some of which were not even right. :biggrin_25510:
     
    Last edited: Jul 23, 2010
  6. Emulsified

    Emulsified Road Train Member

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    non enumerated right? where the heck did that one come from? Show me where the constitution gives you the 'right' to a job. I see life, liberty and the persuit of happiness, but I don't see 'right to a job'.
    Due process deals with criminal law. Not civil law.
     
  7. ironpony

    ironpony Road Train Member

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    Try section 8 of the Constituion. The "enumerated" powers are reserved to the federal government - like the power to regulate interstate commerce. Non-enumerated rights or powers are reserved to the states and the people. Yup, "due process" deals with criminal law... like the laws that allow a DOT officer to pull your heiny over and give you a level 2 leading to being put out of service, for example. That goes on your CSA2010 score, which can eventually lead to your inability to be gainfully employed. Employment is not an explicit right - however, in our society to have "life, liberty and the persuit of happiness" (you might want to learn to spell) it generally helps bunches to have a job.
     
  8. truckerdave1970

    truckerdave1970 On Probation

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    why are so many "drivers" on here ready, willing, and over eager to give up our rights??? I just don't understand how or why, if these people are really drivers, they are arguing on behalf of the rules and regulations that trash our civil and constitutional rights!!! What's next? Rights given up ARE NEVER RETURNED!!!
     
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  9. Grouch

    Grouch Road Train Member

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    In the words of Jesse Helms(deceased senator from N.C.) "We become what we condone" Little by little, we have allowed our rights to be taken and now we are pretty much powerless to do anything about it.

    We do not have a government that governs, we have a huge, huge revenue collection agency. And I am talking about from the top to the bottom. Even "leo" have more or less become "revenue collectors".
     
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  10. Markk9

    Markk9 "On your mark"

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    If I did it, I have to live with it. This same thing happened to lots of law enforcement people over the changes to domestic violence laws.


    When it comes to driving a truck you are held to a higher level than the regular motoring public. In my short time driving, 6 years, I have only had 1 speeding ticket, I have yet to get a fix it ticket. I do a real good pre-trip on my truck and trailer. Every time I stop and get out of the truck, before I get back in, I do a walk around check. Very rarely do things just fall off, drivers and companies put things off until it must be fixed or they get a fic it ticket. Will there always be an exception, sure, but they should be few and far between.

    If you followed the rules in the first place, none of this matters. So, let them change the rules all they want. If you are a safe driver you have nothing to worry about.

    Mark
     
  11. Markk9

    Markk9 "On your mark"

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    Here is a question for you all.................Is the enforcement of FMCSA rules civil or criminal law?
     
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