Fuel stealing

Discussion in 'Ask An Owner Operator' started by bametrucking, Nov 13, 2007.

  1. myminpins

    myminpins Road Train Member

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    What kind of deductions are you talking about?

    Here, they can take money from you for pre-authorized contributions to RRSP/pension plans, anything in the contract you signed when you first got your job, etc.

    If they take other things from you, like "you didn't work hard enough so I'm not paying you for all your hours", yup, that's illegal but you have to take them to court to get anywhere and that's NOT fun for anyone.

    Just curious...
     
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  3. Joethemechanic

    Joethemechanic Medium Load Member

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    I think I'm going to put a skid tank in the back of my pickup. It wouldn't be too hard to rig up a high volume pump with a piece of suction hose on it.

    Then I could meet drivers anywhere and buy fuel off of them.

    I look at it this way, maybe he is overweight and needs to shed a few pounds. Maybe his boss even told him to find someone to pump some fuel off.

    I don't see where it is my responsibility to verify his story.
     
  4. d-man57

    d-man57 Light Load Member

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    I've been overweight numerous times, not once did i ever consider selling off fuel to make the weight, I'd reroute the trip around the coupes till i burnt it off. Would i buy fuel off another driver? As tempting as it may be with todays fuel prices I'd still have to pass, You won't find a o/o willing to do this. If a driver called me and told me he had to sell off fuel so he could make the weight, he'd be looking for a new job when he got back. I'm sorry, i just can't imagine any employer telling a driver to do this.
     
  5. Joethemechanic

    Joethemechanic Medium Load Member

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    The point is, What do I care what his motivation is? Maybe he spent all of his money on fuel and now he needs cash for tolls. All that matters is he wants to sell, and I want to buy. If he is lying to me about why he is selling, that is on his conscience, not mine.
     
  6. Etosha

    Etosha World Citizen

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    If we are prepared to buy merchandise (fuel or a TV or whatever) on the black market, we are giving the thieves more motivation to steal. Personally I choose not to purchase stolen goods. :biggrin_25513:
    However, of course, it all boils down to personal choice.
     
  7. Joethemechanic

    Joethemechanic Medium Load Member

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    Hey you just have to think of it as a business providing a service. Just like a pawn shop. Only instead of buying DVD players and engagement rings, I would be buying fuel, chains and binders, tarps and spare tires.
     
  8. im6under

    im6under Heavy Load Member

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    Joe I'm not sure if you're an intentional xxxxx baiting people or possibly a legitimate xxxxx with alot of natural ability (same out come).

    Two crimes apply here and are committed off the top of my head.

    1) The actual theft of the fuel since you removed it from the truck. You and the driver would be charged jointly with this action. The prosecution will, by the way, bring your pump and tank into court as evidence. This will show the jury the tools of your criminal trade.
    2) You will also be charged with receiving and or possession of stolen property. This since the requirement is a reasonable suspicion the fuel was stolen.

    These are or can be petty crimes for all intents and purposes provided you have a clean record you may not go to jail for more than 6 months. However, under Federal law stealing or receiving stolen goods; through theft, embezzlement, larceny, or fraud carries a heavier sentence up to 10 years and $10,000 in fines per occurrence. 18 U.S.C. § 1341, covers property when it has moved in interstate commerce.

    :biggrin_25511:

    Would a reasonable juror think you should have known the driver was stealing fuel from his company? Best hope I'm not on the panel though I suspect it wouldn't matter.
     
  9. Joethemechanic

    Joethemechanic Medium Load Member

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    I would think that if a problem came up, the argument could be made that
    18 U.S.C. § 1341 would only apply to cargo and not fuel that is being used for powering the truck.

    Now if I bought fuel out of the cargo tank of a tanker, I think they might have a good case against me. I'll have to check with my attorney.
     
  10. im6under

    im6under Heavy Load Member

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    You could check with your attorney but really it would be best to check with the prosecution. I say this because unless the judge threw the prosecutions charge out it wouldn't make much difference to the jury.

    Lifes hard, the economy is depressed and most would like to have somebody to blame. You're on the jury and here in front of you is, as described, by the prosecutor, "Mr. Ethically Challenged Joethemechanic stealing fuel and receiving stolen property from wherever and whomever he can get it. This why everything costs so much, this is why prices keep going up and you can't seem to save a dime these days, because Joe is stealing fuel and raising the costs of goods nationally. We need him off the streets because we as a society simply can't afford to have him and his kind out on the streets taking advantage of us anymore. We need to send a strong message to the criminally minded that we won't put up with it anymore" ad verbatum... bang bang guilty you might want to prefile your appeal since you'll obviously be needing it.
     
  11. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    Were you a lawyer in a former life????????? :biggrin_2559:
     
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