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07-08-2007, 12:44 PM
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#1 (permalink)
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Senior Member
Join Date: Sep 2004
Location: Charlotte, NC, usa.
Rating:
Posts: 2,590
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Accident
This goes along with the Log question:
Just to make my point a little more solid and back up some great points made:
Just for example your involved in an accident, fender bender, or you run over a Motorcycle and driver. You gona now start working on that log book?
Even if it is not your fault, it will be when the DOT shows up if those logs are not current, or your traveling long distances even on personal business not logging. Think your insurance company is going to be happy? They could I use the word could choose to not pay as you were not under load, and did not log it as personal lets say if you were 80 miles away from your original last logged city. Now whos gona pay? Than again they could, and if an insurance company can find away out of paying you better not kid yourself they would be more than happy to see you hang than to pay a claim.
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07-08-2007, 12:44 PM
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#2 (permalink)
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Senior Member
Join Date: Jan 2005
Location: Kent, Oh, USA
Zodiac Sign:
Virgo
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Posts: 2,168
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RE: Accident
broom is absolutly right,if your going to the store,your off duty,but useing your truck for personal use,and a drunk runs into you and dies,well you better have an awefull good lawyer
__________________
 
Roberts Express in 1984
owner operator E6613
Steve Gilbert
OOIDA 263839
FedEx CUSTOM CRITICAL
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07-08-2007, 07:23 PM
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#3 (permalink)
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Moderator
Join Date: Aug 2005
Location: Lake Saint Louis, MO, USA.
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Posts: 2,644
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RE: Accident
That is a very good point and well worth taking into consideration.
__________________
Bob & Linda FedEx CUSTOM CRITICAL
Owner/Operator D6077
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07-08-2007, 07:50 PM
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#4 (permalink)
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Moderator Emeritus
Join Date: Nov 1999
Rating:
Posts: 4,228
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RE: Accident
With the advent of QualComm they can trace back your position checks for previous days and if the logs don't match and they find out that you ran over hours or excceded the speed limi,you will be held partially responsible. Even though the drunk ran into you,they will claim that had you obeyed the law and ran legal yesterday you would not have been in the present location where the drunk ran into you.
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07-08-2007, 07:57 PM
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#5 (permalink)
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Senior Member
Join Date: Mar 2002
Location: Oh, USA.
Rating:
Posts: 1,677
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RE: Accident
395.8 question 26 is the only thing I have come up with so far.
Question 26: If a driver is permitted to use a CMV for personal reasons, how
must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for
performing work, time spent traveling from a driver's home to his/her
terminal (normal work reporting location), or from a driver's terminal to
his/her home, may be considered off-duty time. Similarly, time spent
traveling short distances from a driver's en route lodgings (such as en
route terminals or motels) to restaurants in the vicinity of such lodgings
may be considered off-duty time. The type of conveyance used from the
terminal to the driver's home, from the driver's home to the terminal, or to
restaurants in the vicinity of en route lodgings would not alter the
situation unless the vehicle is laden. A driver may not operate a laden CMV
as a personal conveyance. The driver who uses a motor carrier's CMV for
transportation home, and is subsequently called by the employing carrier and
is then dispatched from home, would be on-duty from the time the driver
leaves home.
================================================== ==================
__________________
Quit trying so hard to be offended
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07-08-2007, 08:02 PM
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#6 (permalink)
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Senior Member
Join Date: Mar 2002
Location: Oh, USA.
Rating:
Posts: 1,677
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RE: Accident
If you go by the rules, no one in there right mind would drive from Dallas to Atlanta, logging it as off duty.
The rule allows for you to drive a quarter of a mile to the Waffle House and back to the T/S. With that said as a team we would log it. As a solo I doubt that I would, unless it was Sunday and I had a Monday p/u.
__________________
Quit trying so hard to be offended
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07-10-2007, 01:15 AM
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#7 (permalink)
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Senior Member
Join Date: Feb 2005
Location: Greenville, S.C.
Zodiac Sign:
Aries
Rating:
Posts: 322
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RE: Accident
Let's not forget cell phone call records and personal charge card records. You get in any kind of accident and any DIM_WIT ambulance chasing attorney will acquire all of those records for the past 90 days!
Just keep it simple and make sure your log book agrees with where your truck is!
Pappy
37 years and over 6 million miles
:)
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