Serious Replies Only Please!!!

Discussion in 'Trucker Legal Advice' started by Mr.Peterbuilt777, Oct 10, 2019.

  1. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Before you start doing this make sure you can legally record them. If at the time of the recording they can show that EITHER of you was in a 2 party consent state your recording is not only invalid in any court proceeding you can be fined for breaking the law.
     
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  3. stayinback

    stayinback Road Train Member

    3,911
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    chicago,il
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    Wherever you are OP.........

    Anyway- Its Coercion

    You can Blame this on the millions of us that used to say " No Problem,I'll get it there by tomorrow morning" or
    "Hey ,I really need this favor" "Yeah,Ill do it"

    See.......Most of us that started Pre Millennium, Went over and above what was asked Without any kind of reimbursement....

    Dispatchers and Owners Got Used to That- And quickly it became Almost a Regular daily ,Occurence..Which,Of Course Still happens today apparently.

    Many Drivers Lost their Lives in Lieu of "Favors" From Dispatchers......

    So Blame ME and the Likes of others guys that have 20 plus years of experience.............There is No Need for this Today, Speak Up- And Be Professional about it, Is all you can do.
     
  4. BR-549

    BR-549 Bobtail Member

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    Aug 17, 2019
    Thailand x Louisiana
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    Two party consent is ONLY applicable at the state level.

    And let’s be honest. 9 times outta 10 you’re not going to be recording someone over something that can be easily disputed with proper documentation and record keeping. The 1 time you’re probably going to need to record someone is when your driving record is in jeopardy of being falsely documented which unjustly affects your livelihood. In this case it would fall largely under federal jurisdiction which is one party consent.

    Recording Phone Calls and Conversations - 50 State Survey :: Justia
     
  5. Ridgeline

    Ridgeline Road Train Member

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    Michigan
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    Be very very careful about this, there is no federal enforcement of fmcsa regulations or the documents that are involved between drivers and carriers.

    This is a state enforcement issue.
     
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Jun 10, 2019
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    You're misreading the law. States are free to pass laws that are more strict than federal law. So any state that is a 2 party consent state overrides federal law. Meaning you cannot legally record them without their consent. The way you're reading it you can just ignore state law because federal law says one party consent. And my friend, that's wrong.

    Recording Phone Calls and Conversations | Digital Media Law Project

    According to the past court rulings, in multi-state phone call recording, the state that the "tort" occurred (the harm) is the state of recording law you must follow. So if the guy you're illegally recording is in a 2 party consent state, you are breaking the law by recording him without his consent. Simply put, he is in a state that affords him the right know he's being recorded and you don't have any authority to remove that right.

    https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-CONVERSATIONS-CHART.pdf
     
    Last edited: Oct 30, 2019
  7. Powder Joints

    Powder Joints Subjective Prognosticator

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    Rosamond, SoCal
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    I record all phone calls between me and the company, I cannot use them in court, but I can use them when they say, we did not say that. And I do tell them up front I record all phone calls, I want them to communicate with me via text, either email, messaging or on the elog system.
    Also most of the companies now have had you sign an agreement that removes the presumed privacy which is how they limit what you can record, as long as there is a document that removes the presumed privacy you should be ok to record. If you have a camera in your cab, they had you sign it off in orientation.
    Anytime a company has wanted me to violate the hos, I tell them sure, get the owner or an official of the company to text me and I will. Never have I ever received a text of any kind to follow up the request.
     
    OldeSkool and BR-549 Thank this.
  8. baha

    baha Road Train Member

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    ga
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    Back in the 80s and 90s all T/stops sold recorders called dispatch busters that hooked to pay phones?
     
  9. x1Heavy

    x1Heavy Road Train Member

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    White County, Arkansas
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    Maryland Law is a absolute not legal to record without other party consent and knowledge.

    Could have the hottest baltimore dispatcher arrange a 1 billion narcotics haul over that phone and you got it on tape. YEHA!!!

    Nope. YOU get prosecuted.
     
  10. Powder Joints

    Powder Joints Subjective Prognosticator

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    Sep 25, 2007
    Rosamond, SoCal
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    Good reason not to live in Maryland. I have never had a dispatcher have a problem with the dispatch calls being recorded. I always have let them know I record dispatches.
     
    x1Heavy Thanks this.
  11. x1Heavy

    x1Heavy Road Train Member

    34,017
    42,104
    Mar 5, 2016
    White County, Arkansas
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    I hate to pick on them so much. But eh...

    Dispatchers and I get along ok considering. With the "Right" dispatcher it's amazing, a win win all around.
     
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