Just some of the stupid things I see

Discussion in 'Trucking Industry Regulations' started by dieselbear, Jan 31, 2010.

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  1. ironpony

    ironpony Road Train Member

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    Lets see... in your bio line it says "Trucker? No" - who the heck are you?

    Like this is news to anyone in the industry?

    Please, spare me the drama!

    We're talking about state cops going through all the data on your cell phone without any probable cause to be in it, no warrant - i.e. a fishing expedition at your expense. Using that data to create a revenue collection opportunity.
     
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  3. dieselbear

    dieselbear Road Train Member

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    Yep. I have a fatal wreck from couple of years ago that the plantiff's are seeking $45 million. Just gave a disposition last week and will have to see if the two sides come to an agreement or if I have to go to civil trail. The attorney's twist every little detail to attempt to help them. I've seen them in the past say that a light was out of the trailer prior to collision and say that was the cause of the wreck. Once you see the way a civil suit is played out, you will look at things totally different. You can be doing everything right, but be over your hours, or have a log that doesn't match and bingo, they have something to hang their hat on that you are the most unprofessional driver that has no regard for the motoring public.
     
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  4. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    This unfair liability weighed heavily on my mind while I was driving.
    Even more so hauling hazmat.
    This was a large factor of several things that made me hang up the keys.


    Those lawyers look at the truck drivers as a criminal at all times and as if trucking companies make more money than a casino does.
     
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  5. dieselbear

    dieselbear Road Train Member

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    Obviously you are not well versed in this story. They are NOT downloading phones on routine traffic stops. In fact they only have 5 of these units in the State. They are used under a court order, search warrant or consent. I know I see the drug units using these on the drug dealers and gang bangers, only after getting a search warrant, which takes very little time. DOT guys are not downloading truckers phones. I've done quite a few search warrants on drivers phones. All of those cases involved felonies while using a CMV. The cell phones today are just like computers and hold all kinds of valuable evidence. I've seen our criminal investigators seize phones and obtain search warrants to get evidence on child pedofiles.

    Sounds to me like you've been listening to the truck stop lawyers.
     
  6. ronin

    ronin Road Train Member

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    The truckstop lawyers are as inaccurate and damaging to situations as the barracks lawyers were in the military.

    For example (military). I ran the correctional custody facility at Dyess AFB for 6 months - that was the normal temporary duty assignment time. We "retrained" young airmen who had gotten Article 15s, in a jail-like environment, while they did details in units other than their own, and went to classes.

    I had one young man who had been busted for assult, got a "suspended" Article 15, and because he had a good record, if he did 14 days in CC, he'd get to forget the 15, and after a year of good service, it would be gone completely from his record.

    One of his barracks lawyer buddies found some obscure regulation where an NCO could not make a subordinate do physical exercises as punishment - doing pushups was part of the CC indoctrination process.... the kid refused my order when I started the pushup sequence... I asked why. He explained that I could not use forced exercise as punishment... I agreed, stating that yes, in a normal work environment, your supervisor can't make you do physical things because you did something wrong...

    I explained that CC regs are different, they were approved by the wing commander, and I wasn't his work supervisor, etc. He still stuck with his buddy's advice. I contacted his commander, explained that he'd refused an order during indoc, and he was released back to his unit. I told him to go ahead and pick up his bags and go back to his dorm.

    His Article 15 went into full effect, he lost both stripes, and was given a general discharge. His barracks lawyer buddy was wrong, and he paid a dear price for following his advice.
     
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  7. dieselbear

    dieselbear Road Train Member

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    I see it everyday, or hear it on the CB. Had one today that told me what I could and couldn't do. He also told me the trucking regulations. After tightening his arse up with a few citations I broke the truck bible out and also showed him the interpretations and showed his wise arse he was wrong. Driver's like him, I do not mind writing as many tickets as I can. If a guy is decent and doesn't act like a dick, he can get a warning or a smaller citation.
     
  8. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    Alligator mouth overriding his hummingbird brain??????????



    :biggrin_25523: :biggrin_25523:
     
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  9. Gotitmadecij

    Gotitmadecij Bobtail Member

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    Bingo Dieselbear. I had a similar circumstance except it didn't go to trial for 6 years (until after I retired). I was grateful that I kept my notes.

    The driver in this fatal collision did nothing wrong as far as vehicle handling in my opinion , I couldn't find anything wrong with his logs at the time (and I testified to this).
    The plaintiffs Lawyers , had an expert go over the HOS logs and back tracked his route (come to find out, he was in his 14th hour of driving when the collision occurred) and the driver falsified his medical card and long form ( it came out in court that the driver got the form off the internet)... And his company did exactly as I stated, they left the driver out to dry , the companies insurance lawyers provided proof that he had not been "trained" that way and company "policy" prohibited this "activity'. I don't think that its over with , I believe the defendant has appealed....
     
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  10. Gotitmadecij

    Gotitmadecij Bobtail Member

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    Hey you don't like my posts ignore them, DRAMA over...

    And "Arguing with a TRUCK DRIVER is like wrestling a pig in the mud ...after a while you realize the pig enjoys it ."

    So I don't anymore. Have a Good Evening!!
     
  11. NDBADLANDS

    NDBADLANDS Medium Load Member

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    Thank you Brickman for being so honest. "unfair liability", Yep you said it right there.

    It means alot to this newbie, to have a knowledgable and experienced driver say this in a public forum. If anyone else with less experience had stated the same sentiment, it seems we are whining and not cut out to be a truckdriver.
     
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