Odd that a truck driver is responsible for finding sabotage but a pilot isn't

Discussion in 'Trucker Legal Advice' started by drivingmissdaisy, Oct 24, 2023.

  1. m16ty

    m16ty Road Train Member

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    Honestly, if I just pull in, fuel, and leave, I don’t think I’ve ever checked my 5th wheel. I do walk around the truck while fueling and look for obvious issues.
    Maybe a should start checking the 5th wheel every time I’m away from the truck for a brief moment, but I didn’t know sabotage was such an issue. I’m pretty sure if somebody is caught doing that they would be charged, and there are usually cameras at the fuel islands.
     
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  3. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Sure, I'm actually an airplane mechanic as well. The date on the PPL is not right. I got my PPL in Feb of 1999. It says 2010 because when I got my "airframe" license they updated everything to these cards and that's why it says 2010 on my PPL. It was updated in Feb of 2010 when I got my airplane mechanic certificate, then got the full A&P in June of that year.
     

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    Last edited: Nov 13, 2023
  4. Assured

    Assured Light Load Member

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    It might be more interesting to ask who the FAA blames if a sabotaged plane crashes on takeoff, and in the ensuing investigation, it is determined that a pre-flight inspection was not conducted (or was only a pretense) and that the sabotage was something obvious that would have easily been revealed [and crash averted] by a competently performed inspection.
     
  5. Magoo1968

    Magoo1968 Road Train Member

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    All pretrips are Living documents and should be adjusted as needed throughout the day ..
     
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Nope, never. Because there would be no way to prove that the airplane wasn't sabotaged AFTER the preflight. It's perfectly legal to preflight your plane and not even leave until the next day. Very common, in fact, especially if weather is a problem.

    Just like you can pretrip your truck, check everything, including the 5th wheel, run inside to take a piss, someone yanks your 5th wheel so you come out, hop in, take off and drop your trailer in the parking lot.

    This is one of the problems I have with so many armchair quarterbacks on this forum that blame the driver when their 5th wheel is pulled at a truck stop and they drop their trailer. They ASSUME no pre trip was done. They don't know. They don't know a #### thing, to be honest. Just wait until it happens to THEM.

    And no, I never dropped a trailer. I had one I KNEW wasn't hooked right come off at the IP plant in MS off of I-55, but I couldn't verify anything, the trailer was in a foot of water. I barely could crank the legs up enough not to drag to get it OUT of the water so I COULD check the kingpin. It didn't slide off completely and I was able to get it back where it went without incident.
     
  7. The one california kid

    The one california kid Medium Load Member

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    THAT was my worst nightmare! 16yrs OTR and EVERY time I was ready to take off I would pull a little against the trailer brakes to make #### sure it wasn't pulled....EVEN when I just slept and didn't get out of the truck. There's some real different individuals out there! I seen the aftermath of what happened one time when somebody did that to somebody....AT A FUEL ISLAND....and that in itself could've caused an explosion! Yes sir, some real intelligently - challenged people out there!
     
  8. rollin coal

    rollin coal Road Train Member

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    It takes all of about 2 seconds to visually verify your fifth wheel is secured whenever you've walked back up to your truck after being away from it. It's a routine I've always had every time I leave and then get back to the truck was actually taught to do that. So I don't get why a driver should not be held responsible for something that they can easily/quickly check and verify? You either have good habits or you don't. Not checking your fifth wheel is a bad habit.
     
  9. aussiejosh

    aussiejosh Road Train Member

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    Well of course you didn't loosen it, however it's just part of the daily routine just as I'm sure you would not fly your aircraft before doing certain safety checks. What I would get into a habit of doing with my truck and you don't even have to look at the fifth wheel is before you move, just hit the trailer brakes, back up with the trailer wheels locked if the lever has been interfered with it will lock back in. But physically checking is still the best system of all. Put it down to a learning experience and move on.
     
    Last edited: Nov 30, 2023
  10. RockinChair

    RockinChair Road Train Member

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    It doesn't matter how you define trip, because the regulations do not state that you must do a pre-trip before beginning a trip, they imply that a pre-trip inspection must be conducted "Before driving a motor vehicle".

    Federal Register :: Request Access
     
  11. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Before driving it when? For the first time ever? Before driving it on a Friday morning? After you stop to pee? After you take a shower? After you are loaded? Unloaded? It still goes back to how do you define trip because then it begs the question how do you define "Before driving a motor vehicle"? Before driving it WHEN?

    And your quote is something I believe Zvar has pointed out, that regulation does not say you must do a pre trip inspection. It only states you must be satisfied that the motor vehicle is safe for operation. It doesn't specify HOW you are to be satisfied or if someone else can satisfy you. (don't have a dirty mind here) Can a certified mechanic at a TA or Loves satisfy you? Can a company mechanic satisfy you? Can another driver do a pre-trip to your truck and satisfy you? Can you decide that you've pretripped this vehicle 10 times this week and nothing has been found wrong so you feel safe skipping a day? I mean, the law is written where it is so ambiguous its totally up to individual interpretation.
     
    Last edited: Feb 23, 2024
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