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Jail Sentence for Truck Driver


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  #1  
Old 04-22-2017, 04:21:10 AM
Neville Bond Neville Bond is offline
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Default Jail Sentence for Truck Driver

From today's newspaper, here are the results of the court case following the accident were a traction engine fell from a truck after being secured with ratchet straps .

http://www.dailymail.co.uk/news/arti...lls-truck.html

Lorry driver, 53, is jailed after a poorly secured six-ton vintage steam engine fell from his truck and smashed into a bus leaving six people seriously hurt

Philip Last, 53, was driving through West Mersea, Essex, when he braked hard
A canvas strap securing the 1920s engine snapped and crushed the bus driver
Michael Birch suffered a punctured lung but miraculously survived the crash
Last, of Great Yarmouth, was jailed for 18 months at Ipswich Crown Court
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Old 04-22-2017, 07:57:14 AM
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Default Re: Jail sentance for truck driver

Does anyone remember where this story was posted previously? I'll link the posts together.
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Old 04-22-2017, 08:18:37 AM
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Default Re: Jail Sentence for Truck Driver

https://www.smokstak.com/forum/showt...steam+accident
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Old 04-22-2017, 09:55:36 AM
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Default Re: Jail Sentence for Truck Driver

While I don't condone the actions of the truck driver in as much that he was negligent in his duties, I think that the jail conviction goes too far. There wasn't any criminal intent to do harm. Nothing can be gained by a jail term to benefit anyone involved except to create more victims. Many times career criminals and murders get less harsh sentences. Just goes to prove the bias against the average truck driving working man! From the average auto driver to the cop on patrol, all the way to the courts and legislators, there is an animosity and vengeance towards folks whose main crime is hauling and delivering the very goods that the public needs to carry on daily life.
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Old 04-22-2017, 11:05:34 AM
Wayne 440 Wayne 440 is online now
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Default Re: Jail Sentence for Truck Driver

I can see the point that putting the driver in jail doesn't directly benefit anyone involved. But benefit to those involved is not the point of the penal process, benefit (or reduction of harm) to society is. If giving Mr. Last jail time does nothing else other than to cause a few more haulers to exercise due care in securing loads - "...make sure that chain is tight, I don't want to go to jail like Last did..."- I'm all for it. The quality of the average truck driver in the USA is going down at an alarming rate.

(Disclaimer- I had a CDL for years and most of my family have been or still are CDL drivers.)
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Old 04-22-2017, 11:09:09 AM
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Default Re: Jail Sentence for Truck Driver

The damage to the portable was terrible, but the key is how many people he injured on the bus.

Can't fix stupid, but they can draw attention to it and hope that at least a few get the hint.

I have my CDL and protect it and whatever I am hauling. Those loads usually mean more to the owners than their spouse!!
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Old 04-22-2017, 12:25:11 PM
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Default Re: Jail Sentence for Truck Driver

Its real simple I used to drive truck and was also a supervisor of men building flatbed loads I would always tell the men to build a load and secure it as though their own loved ones would be driving alongside the load they were building I wonder how those people judging this driver and saying the punishment was too strong would feel if their loved one was injured or killed in an accident such as this. The driver is lucky I was not the one passing sentence on his lazy butt! Gary
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Old 04-22-2017, 05:18:09 PM
Scotty 2 Scotty 2 is offline
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Default Re: Jail Sentence for Truck Driver

Hello Gary
Well said. It's all so easy to say the punishment was too harsh. That is until someone you care about is the person under the 6 tons that's come off the truck.
You hear the same about drunk drivers. "But he was just over the limit. Why the harsh penalty?" How do you feel if that same drunk driver went through a red, t-boned your mum's car and killed her?
Here in Australia we see so many badly loaded or overloaded trucks and trailers. They are simply accidents waiting to happen. Sadly we do not have enough enforcement agents, whether they be Police or transport officers, patrolling our vast network of roads.
Cheers Scott
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Old 04-22-2017, 06:18:08 PM
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Default Re: Jail Sentence for Truck Driver

Also......It clearly states in the DOT regulations, that the driver is the one ultimately responsible for securing & inspecting his load to assure that it is safe & meets requirements. That is unless it changed in the last few years. I drove for about 30 years & never just went on someone else's word that the load was properly secured. A lot of the so called driver's now day's feel their only obligation is to hold the steering wheel. Time's have really changed , with people always wanting to blame the other guy, instead of being responsible for their own actions.
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Old 04-22-2017, 09:12:42 PM
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Default Re: Jail Sentence for Truck Driver

Hopefully the driver was in charge of his truck and load. If he was, he bears responsibility. Not sure I would want to see him in prison, but I see the other side too.

There are cases where people in many jobs where they are supposed to be the responsible party, but really have no choice but to drive the load, steer the boat though the channel, or whatever, if they want to keep their job.

I know someone who did some time for a truck v bicycle death, I'm not sure there was much point to that other than the DA's opinion.

I have a class A, and drive on too narrow local roads with bikes, mopeds, joggers and tons of idiots in cars who are on vacation. I am very careful, and try not to be in a hurry, despite whatever job deadlines. I am also careful about securing my load, and tell my employees they better check their load and trailer hook ups, even if I did them. (maybe especially, eh?)

"But for the grace of God, there go I", as someone once said, when I hear of other peoples mistakes.... And I am not that religious...

Anyway, have a good evening.
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Old 04-23-2017, 11:17:32 AM
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Default Re: Jail Sentence for Truck Driver

It doesn't matter what a customer, or boss says, once you get behind the wheel, you're the captain of your "ship". That means that it's you who are responsible to be sure your load is secure, your truck is in compliance, and that you are as well. I know, there has always been pressure from others to just run with it. Been there and done it without any bad results, thankfully.
Supposedly, the law backs the employee up if he decides that he's not going to go with a load, or truck, that's not in compliance but nobody trusts that to be true. Usually, bosses know how to work the law in their favor and throw a driver under the proverbial bus. I've been in countless safety meetings where we were urged to use good judgement and, later that day, get my hind end eaten out for using same. Not only do I take the safety of myself and others seriously, but the safety of my equipment.
All this said, I don't know if the driver in question should be behind bars but he needs to be held accountable for this accident, somehow.
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Old 04-23-2017, 02:22:09 PM
Andrew Mackey Andrew Mackey is offline
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Default Re: Jail Sentence for Truck Driver

Not sure about the rest of the country, but here in NJ, it is no longer legal to secure a load with nylon or other fabric straps. All loads MUST be chained and blocked in place. Didn't make the antique tractor guys happy with their nice paint jobs!

2 years ago, a flatbed with 4 12,000 pound spools of bare copper wire dropped his load coming off I-287 onto I-80 west in Parsippany. One of the spools went clean across the west bound lanes, went thru a 4 foot tall jersey barrier, and crushed an east bound pick up. Luckily, the pick up driver wasn't killed, as the spool hit the bed just behind the cab. The bed was squashed to 6" above the road surface on the drivers side! I-80 was closed for hours, and cops had a big deal trying to keep scrappers from stealing the copper wire from the scene. Incredably, the spools were not secured to the flat bed! The driver told the cops that the spools wouldn't move - they were too heavy, that is why they weren't chained down He was cited for unsecured load, speeding on exit ramp (ramp speed 20 MPH, his estimated speed 40 +), reckless endangerment, and unregistered trailer (expired plates) Unbelieveably, the guy made it to NJ from Maryland before he lost the load! The ramp has been redesigned and rebuilt as there were many roll overs with tractor trailers, but the re-do has not really fixed the problem due to limited space (short radius turn with 60 foot embankment on left side.. A 6 foot high double layer of guard rail has not stopped speeding trucks from going over.
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Old 04-23-2017, 04:18:06 PM
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Default Re: Jail Sentence for Truck Driver

quoted from above,
"Supposedly, the law backs the employee up if he decides that he's not going to go with a load, or truck, that's not in compliance but nobody trusts that to be true. Usually, bosses know how to work the law in their favor and throw a driver under the proverbial bus"

Until you can prove to employees their jobs are safe, this is a big problem. And I doubt it will get fixed because the state makes to much money off fines and such.


I doubt Mr. Last got out of bed that morning thinking, "hey,I won't tie my engine down tight and maby it will fall off and kill somebody".

What happened probably was, " Ah hell, this strap has held it for years, no biggie."
Only trouble with that was, a unusual sudden stop changed the situation and the engine fell off on a bus.
Complacency is what happened. Something we all are guilty of at some point.
Let this be a reminder, that 2 minute head start without rechecking a load, can cause a lot of problems.Take the 2 minutes and make sure stuff is right.

Oh,and before you throw me under the bus, I to,have a class A cdl.I just can't get a health card because of seizures after my accident. I guess I need to just downgrade back to class C but damn these things were to hard to get!
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Old 05-01-2017, 04:07:01 PM
ihredo4 ihredo4 is offline
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Default Re: Jail Sentence for Truck Driver

On a tangent here but legislation must change! I'm an insulin dependent diabetic who carried and released a CDL prior to being diagnosed with the diabetes. I gave it up so yes I am at fault for doing that. Sadly now I CAN NOT get a CDL because of being diagnosed with diabetes yet Fatman with diagnosed high blood pressure and a ticking time bomb in his chest is rewarded with no questions ask. That's discrimination in the simplest for of the word. I have found a loophole where I drive cross country with my toys and am told by the feds I'm legal. 390.3f3 of the FMCSA state "The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise." According to the feds I talked with as long as I abide by all other safety laws and regulations I will be ok. My question is why does a person who knowingly have a health condition that can leave them incapacitated be legal yet another is deemed illegal? That's not just!
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Old 05-02-2017, 07:38:55 PM
Wayne 440 Wayne 440 is online now
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Default Re: Jail Sentence for Truck Driver

True enough, a good friend of mine has the same issue. He is one of the best drivers I know and I would trust him with anything I have. But the law is what it is.
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Old 05-03-2017, 07:22:46 AM
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Default Re: Jail Sentence for Truck Driver

I got called on the high blood pressure during a CDL physical a few years back (am not fat, by the way), there sure were questions asked. Now I have to take a pill everyday and my certificate is only valid 1 year at a time instead of 2.
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Old 05-15-2017, 08:27:23 PM
ihredo4 ihredo4 is offline
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Default Re: Jail Sentence for Truck Driver

Wayne 440, I agree "the law is what it is" thats why I feel it needs to change. Dependable, I would even go for the year by year or even have my license flagged that my blood sugar needs to be in the ##-### range with my glucose terms test or truck is parked. Obviously I didn't mean to single you out as being "fat", I meant the 5'4" teamsters that weighs 300# and has a hard time climbing into his truck or walk to the end of the trailer. We ALL know THAT guy. He's acceptable to uncle sam especially when he has no clue what his cholesterol reading is, how much plaque he has in his blood. Yet I would gladly carry my glucometer and test my blood at uncle Sam's whim but "Nooooo" I'm a danger to society. BS!
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Old 05-15-2017, 10:53:33 PM
Wayne 440 Wayne 440 is online now
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Default Re: Jail Sentence for Truck Driver

The thing is, for every responsible, trustworthy person with (insert disqualifying condition here), there are probably 10 that will decide "I don't feel good today, but just a short run won't hurt anything". And being "sorry" after something goes wrong makes zero practical difference to those involved-I have seen my share of weeping drivers and roadside carnage. Those laws are needed because of the 10, while at the same time perhaps overzealous for the 1. I'm not against change, if done in a way that will keep the "10" off of the road.
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