Trucker Reportedly Forced To Alter Log Book Before Crash Awarded $80 Million!
Topic 25515 | Page 3
Cheat with Impunity was spot on!!! I use a logging app. Keep Trucking. Even if you have their ‘ELD’ device installed in your truck you can choose to not connect to it. Even though it will appear in every way that you are running e-logs, in reality every single thing is completely able to be edited. You can make entire days of work disappear. Just depends on how good you at are writing a convincing story for the DOT to look at. Keep Trucking also does not flag portions of the log that have been edited. So, the DOT officer only sees the final product. Also you can go back after “signing” your logs, erase your signature and edit whatever you want. It is just running an app version of paper logs.
Just to be honest about stuff. So even today, you can run just like you have paper and appear completely legal.
Drive Safe and God Speed.
The ELDs found in most company trucks do not allow editing of any drive-line activity.
If you attempt to disconnect or disable the ELD, the activity is sensed, and a disconnect alert is sent to company management. Don’t mess with these things...grounds for immediate termination.
SAP:
Substance Abuse Professional
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
OOS:
When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.
The case and the jury verdict did not directly involve HOS violations. The case was essentially an employer's liability for an employee's injuries in the scope of his employment. The HOS violations were simply related to the employment claim. Note that the accident happened in Alabama, but the case was filed in Texas.
As a general rule, employees are limited to their worker's compensation benefits. However, if you click on the "court documents" link in the article, Paragraph 16 of the Petition states that the employers were NOT subscribers to the Texas Workers Compensation System.
I tried to paste the actual jury verdict which has the detailed jury instructions and the answers, but I kept getting an error message that the url wasn't valid. I posted it below and a link to the Court website where you can search their website to find it.
Another interesting aspect of this case that factors into the owner/operator debate, is the "piercing the corporate veil" claim. The driver's attorney claimed that the INDIVIDUAL owners should be held liable and the jury agreed. So Jorge Marin and Silvia Marin are personally liable for at least the $5 million in damages listed on the jury verdict.
https://pa.co.hidalgo.tx.us/ViewDocumentFragment.aspx?DocumentFragmentID=19811026&SecurityToken=A4D9BE1B-F7FD-47E1-8ABE-A2080CDD37D1
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
Cheat with Impunity was spot on!!! I use a logging app. Keep Trucking. Even if you have their ‘ELD’ device installed in your truck you can choose to not connect to it. Even though it will appear in every way that you are running e-logs, in reality every single thing is completely able to be edited. You can make entire days of work disappear. Just depends on how good you at are writing a convincing story for the DOT to look at. Keep Trucking also does not flag portions of the log that have been edited. So, the DOT officer only sees the final product. Also you can go back after “signing” your logs, erase your signature and edit whatever you want. It is just running an app version of paper logs.
Just to be honest about stuff. So even today, you can run just like you have paper and appear completely legal.
Drive Safe and God Speed.
The ELDs found in most company trucks do not allow editing of any drive-line activity.
If you attempt to disconnect or disable the ELD, the activity is sensed, and a disconnect alert is sent to company management. Don’t mess with these things...grounds for immediate termination.
At a large carrier that is using QualComms, PeopleNet, etc... sure. But the owner ops and small companies... different story. Production is all that matters. Since the majority of the trucking world is small company / owner ops... just saying.
Qualcomm:
Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.SAP:
Substance Abuse Professional
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
OOS:
When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.
Cheat with Impunity was spot on!!! I use a logging app. Keep Trucking. Even if you have their ‘ELD’ device installed in your truck you can choose to not connect to it. Even though it will appear in every way that you are running e-logs, in reality every single thing is completely able to be edited. You can make entire days of work disappear. Just depends on how good you at are writing a convincing story for the DOT to look at. Keep Trucking also does not flag portions of the log that have been edited. So, the DOT officer only sees the final product. Also you can go back after “signing” your logs, erase your signature and edit whatever you want. It is just running an app version of paper logs.
Just to be honest about stuff. So even today, you can run just like you have paper and appear completely legal.
Drive Safe and God Speed.
Ldrship, This is a PUBLIC forum. Be careful!
SAP:
Substance Abuse Professional
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
OOS:
When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.
Cheat with Impunity was spot on!!! I use a logging app. Keep Trucking. Even if you have their ‘ELD’ device installed in your truck you can choose to not connect to it. Even though it will appear in every way that you are running e-logs, in reality every single thing is completely able to be edited. You can make entire days of work disappear. Just depends on how good you at are writing a convincing story for the DOT to look at. Keep Trucking also does not flag portions of the log that have been edited. So, the DOT officer only sees the final product. Also you can go back after “signing” your logs, erase your signature and edit whatever you want. It is just running an app version of paper logs.
Just to be honest about stuff. So even today, you can run just like you have paper and appear completely legal.
Drive Safe and God Speed.
Ldrship, This is a PUBLIC forum. Be careful!
Still the truth!!
SAP:
Substance Abuse Professional
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
OOS:
When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.
LDRSHIP persists...
Cheat with Impunity
You think that’s okay?
Considering the charter of this forum is to teach and coach Newbies, how is any of what you wrote relevant to them or even useful?
We do not advocate O/O (especially for a rookie), but advise going to work for carriers offering Paid CDL Training Programs. We also consistently reinforce conducting truck driving business within the laws and governance of HOS rules. What exactly are you advocating here?
You are a Moderator of this forum and IMO have an unwritten responsibility to uphold that charter.
Just sayin’
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
LDRSHIP persists...
Cheat with Impunity
You think that’s okay?
Considering the charter of this forum is to teach and coach Newbies, how is any of what you wrote relevant to them or even useful?
We do not advocate O/O (especially for a rookie), but advise going to work for carriers offering Paid CDL Training Programs. We also consistently reinforce conducting truck driving business within the laws and governance of HOS rules. What exactly are you advocating here?
You are a Moderator of this forum and IMO have an unwritten responsibility to uphold that charter.
Just sayin’
We're also about REALITY HERE.
The reality is - Patrick did a few years at Wolding, decided to adventure out into a smaller company where he can report what that experience looks like.
The discussion was around how a driver could be compelled to alter a log and drive fatigued, get into an accident and blame the company. And the additional caveat that we know someone who can confirm that "log fudging" still exists.
The fact still remains, smaller companies with older (non-computer trucks), can and DO run "complaint programs" that allow for alterations of logs.
This is not an indictment of Patrick (whom I consider a friend, and one of the few, if only people that have called me from time to time - even during my extended absence from the forum), but creating a level of awareness that the practice STILL EXISTS (log cheating). Nor do I see him "advocating for" going O/O, or with a small company, simply so you can cheat the logs.
Just illuminating that the practice still exists. Nor, in our offline discussions - does he do anything more egregious that things we all could do if our QC/E-Logs weren't so tightly regimented.
In his case - it's still an SINGLE LOG, with the ability to adjust entries himself.
The gist of complaints about the EBR requirement, is that it negatively affected productivity, while providing little evidence of the benefit of enhanced safety. My position is that it provided better compliance for companies and reduced liability. It also allows drivers reduced hassles at DOT inspections/enforcement, because it is "assumed" that fully compliant EBR's virtually eliminate cheating and HOS violations.
There's a huge difference between falsifying a break and driving fatigued, and driving Line 5 for an hour to maximize your 11/14/70, regardless of whether or not it's "cheating".
"Cheating With Impunity", in Patricks case, simply means IT CAN BE DONE - not that he's actually doing it. But the REALITY IS - the practice STILL EXISTS to this day - though not nearly the way it did when keeping 3 paper logs.
Rick
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
LDRSHIP persists...
You think that’s okay?
Considering the charter of this forum is to teach and coach Newbies, how is any of what you wrote relevant to them or even useful?
We do not advocate O/O (especially for a rookie), but advise going to work for carriers offering Paid CDL Training Programs. We also consistently reinforce conducting truck driving business within the laws and governance of HOS rules. What exactly are you advocating here?
You are a Moderator of this forum and IMO have an unwritten responsibility to uphold that charter.
Just sayin’
We're also about REALITY HERE.
The reality is - Patrick did a few years at Wolding, decided to adventure out into a smaller company where he can report what that experience looks like.
The discussion was around how a driver could be compelled to alter a log and drive fatigued, get into an accident and blame the company. And the additional caveat that we know someone who can confirm that "log fudging" still exists.
The fact still remains, smaller companies with older (non-computer trucks), can and DO run "complaint programs" that allow for alterations of logs.
This is not an indictment of Patrick (whom I consider a friend, and one of the few, if only people that have called me from time to time - even during my extended absence from the forum), but creating a level of awareness that the practice STILL EXISTS (log cheating). Nor do I see him "advocating for" going O/O, or with a small company, simply so you can cheat the logs.
Just illuminating that the practice still exists. Nor, in our offline discussions - does he do anything more egregious that things we all could do if our QC/E-Logs weren't so tightly regimented.
In his case - it's still an SINGLE LOG, with the ability to adjust entries himself.
The gist of complaints about the EBR requirement, is that it negatively affected productivity, while providing little evidence of the benefit of enhanced safety. My position is that it provided better compliance for companies and reduced liability. It also allows drivers reduced hassles at DOT inspections/enforcement, because it is "assumed" that fully compliant EBR's virtually eliminate cheating and HOS violations.
There's a huge difference between falsifying a break and driving fatigued, and driving Line 5 for an hour to maximize your 11/14/70, regardless of whether or not it's "cheating".
"Cheating With Impunity", in Patricks case, simply means IT CAN BE DONE - not that he's actually doing it. But the REALITY IS - the practice STILL EXISTS to this day - though not nearly the way it did when keeping 3 paper logs.
Rick
You missed my point Rick.
Patrick explained how-to cheat. He is a moderator...I do not need to reiterate my previous reply and do not need to explain it any further. It’s obvious.
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
At a large carrier that is using QualComms, PeopleNet, etc... sure. But the owner ops and small companies... different story. Production is all that matters. Since the majority of the trucking world is small company / owner ops... just saying.
REALLY! Production is all that matters?? Just F#&k Safety, Laws, Rules and Regulation??? WOW, REALLY!! Unbelievable comment Patrick. Where did this attitude come from all of the sudden. I thought Moderators on this site were held to a higher standard.
Qualcomm:
Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.New Reply:
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Cheat with Impunity was spot on!!! I use a logging app. Keep Trucking. Even if you have their ‘ELD’ device installed in your truck you can choose to not connect to it. Even though it will appear in every way that you are running e-logs, in reality every single thing is completely able to be edited. You can make entire days of work disappear. Just depends on how good you at are writing a convincing story for the DOT to look at. Keep Trucking also does not flag portions of the log that have been edited. So, the DOT officer only sees the final product. Also you can go back after “signing” your logs, erase your signature and edit whatever you want. It is just running an app version of paper logs.
Just to be honest about stuff. So even today, you can run just like you have paper and appear completely legal.
Drive Safe and God Speed.
SAP:
Substance Abuse Professional
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
OOS:
When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.