Fate of the Crete driver from FLA

The driver of the car was Nicky, who is 15. She was driving illegally, but was stopped behind the school bus. The black box said that Alvin Wilkerson apparently hit his breaks less than a second before running over the car and into the back of the school bus.

Think about it. If the parents had been in the car, they would have died too. Anyone in that car would have died.

I don't think putting even some of the blame on the parents is appropriate, given what came out in court. Anyway, hang the blame. What happened, it's so sad, I can't even put into words.

 

Step #1, secure account. Step #2, do ANYTHING possible to keep it, NO MATTER WHAT. 'Nuff said.

 

Well, I looked this over, and I find that drivers have a way to protect themselves. This is a Geek solution, drastic, but effective.

I have looked at Title 13, and it is in compliance, so drivers who know that the dispatcher or manager is working this way should do the following.

1.) Record all dispatches via phone.

2.) Photograph all remarks or dispatches that are questionable or not via Q-Comm

3.) Consistancy is a MUST

4.) Log only legal - Record any complaints from dispatchers or managers

5.) Verbally report abusive dispatchers or managers to company HR, and record all statments.

6.) Note any diciplinary actions taken against you.

Now with all that said, you see how Geeky it really is. However, this seems to be a "Cover Your Butt" industry.

The MVR's are written to insure safety not just for the truck driver, but for all motorists. Everyone wants to go home alive.

If the company decides that they want to persue diciplinary action, (Now this is the tricky part), then emediatley, and I do emediatley file a complaint with local law-enforcement for "Conspiracy to Violate a Federal Statute", "Conspiracy to Endanger Public Safety".

The officer that responds, once provided with the evidence you have collected, is required to examine and catalog it to determine if the crime has been comitted. If you did your homework, then he will be very upset with the company and your evidence should be colllected.

Always get a report number from the officer. Believe it or not this has been used and is rather effective, if the company knows that you have the evidence, and that they are in the wrong.

Protect Yourself in cases where you know the company is condonning this type of activity from thier dispatchers and managers. It only takes once, and you will see a change.

Remember: This is for drastic situations, and change is needed badly.

Hope this helps.
Semper-Fi
Nick

 

Actually, recording a phone conversation must have the consent of both parties. If not, it is illegal.

 

Let me add one more note:

If the situation becomes heated, remove yourself from the area. Report to the local "State Police" station. Ask to speak with thier DOT officer. Explain your situation, show him the evidence, and he will work to get the problem corrected.

Be sure you are right, and have good clean logs for him/her to examine.

Semper-Fi
Nick

 

Incorrect:

This is only illeagal if the conversation is recorded by law enforcement or government agency for use as evidence without a warrant.

Recordings by a private person for use as reference is not illeagal.

Semper-Fi
Nick

 

link http://www.rcfp.org/taping/

I know in Illinois it is illegal. A quick check on it is listed:


Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)
Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping. Regardless of the state, it is almost always illegal to record a conversation to which you are not a party, do not have consent to tape, and could not naturally overhear.

see link http://www.pimall.com/nais/n.recordlaw.html

It basically confirms the above as well.

 

RoadMedic;

I stand corrected. you are correct in this. I missed a sub in Title 13, and in the comms act. Sorry bout that.

There are states that allow, but as you mentioned, consent is needed.

Thanks for the quick eye.
Semper-Fi
Nick

 

I just looked at Title 18 to se if there is a way around it, but to no avail. Well guy's I tried. Take good notes, and stay safe.

Semper-Fi
Nick

 

Good info. But when the dispatcher starts something like this, best to tell him you would like it said again so you could record it and ask for consent to tape.