spikecat54 Posted January 4, 2014 Share #376 Posted January 4, 2014 Can anyone assist me with this. Routing info....thanks...fd84 Link to comment Share on other sites More sharing options...
Burrstone Posted June 9, 2014 Share #377 Posted June 9, 2014 Amazing, he may not have "broken" any laws but this guy falling asleep killed people but it isn't criminal, he was speeding, and on top of that he originally lied (that he applied the breaks and they didn't work) making officials waste time investigating his claim. Sorry if I don't feel bad for him... What ended happening to the operator? Was he charged or not? I made a comment somewhere that if was a truck or bus driver he would've been charged almost instantly. Just a little perspective, the truck driver that "dozed off" hitting Tracey Morgan's limo van , killing one has been charged with one count of death by auto and four counts of assault. A truck driver dozes off kills one and injures four, is charged with killing one and assaulting 4... A train operator dozes off killing 4 injuring 63: 0 counts for the deaths and 0 counts of assault for those injured, no charges at all... WTF type of justice is this? Link to comment Share on other sites More sharing options...
Union Tpke Posted June 9, 2014 Share #378 Posted June 9, 2014 any updates on what happened to the cars in the accident? Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 10, 2014 Share #379 Posted June 10, 2014 What ended happening to the operator? Was he charged or not? I made a comment somewhere that if was a truck or bus driver he would've been charged almost instantly. Just a little perspective, the truck driver that "dozed off" hitting Tracey Morgan's limo van , killing one has been charged with one count of death by auto and four counts of assault. A truck driver dozes off kills one and injures four, is charged with killing one and assaulting 4... A train operator dozes off killing 4 injuring 63: 0 counts for the deaths and 0 counts of assault for those injured, no charges at all... WTF type of justice is this? Completely different circumstances... The conductor suffered from sleep apnea, which is a disorder that he couldn't control. From my understanding, the investigation is ongoing, and for now, he will not face any charges. Link to comment Share on other sites More sharing options...
lirr42 Posted June 10, 2014 Share #380 Posted June 10, 2014 What ended happening to the operator? Was he charged or not? I made a comment somewhere that if was a truck or bus driver he would've been charged almost instantly. Just a little perspective, the truck driver that "dozed off" hitting Tracey Morgan's limo van , killing one has been charged with one count of death by auto and four counts of assault. A truck driver dozes off kills one and injures four, is charged with killing one and assaulting 4... A train operator dozes off killing 4 injuring 63: 0 counts for the deaths and 0 counts of assault for those injured, no charges at all... WTF type of justice is this? Brought up on charges and convicted of those said charges are two very, very different things. it's easy to bring someone up on charges shortly after an incident involving a very public figure, and a type of incident that is unfortunately common. It is not easy, however, to convict a person of those charges months after the fact and long after the press has died down. At the end of the day, both situations were just accidents. In a world which employers place significant demands on workers in positions like these, don't expect these types of accidents to become any less common. Link to comment Share on other sites More sharing options...
Burrstone Posted June 10, 2014 Share #381 Posted June 10, 2014 Completely different circumstances... The conductor suffered from sleep apnea, which is a disorder that he couldn't control. From my understanding, the investigation is ongoing, and for now, he will not face any charges. How do you know the truck driver didn't/doesn't suffer from sleep apnea? It is exactly the same thing... Both men fell asleep at the controls resulting in a tragic accident that resulted in death(s) and injuries. One man was arrested that day and one wasn't? Those are the only completely different circumstances... Brought up on charges and convicted of those said charges are two very, very different things. it's easy to bring someone up on charges... I know this and never said anything about this statement, just wondering why someone was charged and someone in almost the exact same incident was not. it's easy to bring someone up on charges shortly after an incident involving a very public figure, and a type of incident that is unfortunately common. Seriously? You want to talk about publicity? I love Tracy Morgan but the only thing on TV or on the front page of the paper fora while was this train crash. Brought up on charges and convicted of those said charges are two very, very different things. it's easy to bring someone up on charges shortly after an incident involving a very public figure, and a type of incident that is unfortunately common. It is not easy, however, to convict a person of those charges months after the fact and long after the press has died down. This is very true these days,especially in NJ... Any publicity and they are quick to charge, the same thing happened with the bus driver that hit a pole and the pole tragically killed a baby. I wondered why they charged the guy so quickly... Months later I heard the baby belonged to a staff member from the Peoples Court...(go figure, a Judge Milian, Harvey Levin,TMZ connection). I think this guy will be acquitted just like the bus driver in the Bronx crash, NJ law is a little different so I'd have to research it... NJ will probably look for a plea, Walmart drivers make good money so hopefully he saved money for a decent lawyer. At the end of the day, both situations were just accidents. In a world which employers place significant demands on workers in positions like these, don't expect these types of accidents to become any less common. You're right hopefully people take driving while tired more seriously. I would like to see testing for (or looking for signs) of sleep to be part of the DOT physical every two years, yes it will be hard and the more I read on it more of a pain in the ass.. Drivers are afraid to get tested for sleep apnea because many insurance companies won't insure a driver with sleep apnea unless they've been undergoing treatment for it for at least a year. They need to take this fear away from the driver and worst case scenario allow the driver to collect unemployment for the year. It is true companies push but drivers need to push back especially truck drivers... Dispatchers always push looking for the ones who don't push back, the drivers who think they're becoming the go to guy... I call this the go to guy because everyone else says no. Drivers need to remember that the dispatcher isn't going to sitting in the cell with them when they kill someone. I heard on the news that prosecutors are saying this particular driver hadn't slept in over 24 hours before the accident, if that's true the driver is an idiot. I'm not sure how NJ law for "death by auto works" but it's the law that needs to be changed. The DOT Hours of Service says the driver must have 10 hours off duty before operating a commercial motor vehicle. It says nothing about the amount of hours a driver must sleep before operating a commercial motor vehicle. I love all of these cases where they keep stating the driver didn't sleep, no law says the driver must sleep it talks about rest, breaks, and even 8 hours "in the sleeper birth" but nowhere does the law say the driver must sleep any numbers before returning to driving. The Hours Of Service were recently changed, but they didn't update this... Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 10, 2014 Share #382 Posted June 10, 2014 How do you know the truck driver didn't/doesn't suffer from sleep apnea? It is exactly the same thing... Both men fell asleep at the controls resulting in a tragic accident that resulted in death(s) and injuries. One man was arrested that day and one wasn't? Those are the only completely different circumstances... I know this and never said anything about this statement, just wondering why someone was charged and someone in almost the exact same incident was not. Seriously? You want to talk about publicity? I love Tracy Morgan but the only thing on TV or on the front page of the paper fora while was this train crash. This is very true these days,especially in NJ... Any publicity and they are quick to charge, the same thing happened with the bus driver that hit a pole and the pole tragically killed a baby. I wondered why they charged the guy so quickly... Months later I heard the baby belonged to a staff member from the Peoples Court...(go figure, a Judge Milian, Harvey Levin,TMZ connection). I think this guy will be acquitted just like the bus driver in the Bronx crash, NJ law is a little different so I'd have to research it... NJ will probably look for a plea, Walmart drivers make good money so hopefully he saved money for a decent lawyer. You're right hopefully people take driving while tired more seriously. I would like to see testing for (or looking for signs) of sleep to be part of the DOT physical every two years, yes it will be hard and the more I read on it more of a pain in the ass.. Drivers are afraid to get tested for sleep apnea because many insurance companies won't insure a driver with sleep apnea unless they've been undergoing treatment for it for at least a year. They need to take this fear away from the driver and worst case scenario allow the driver to collect unemployment for the year. It is true companies push but drivers need to push back especially truck drivers... Dispatchers always push looking for the ones who don't push back, the drivers who think they're becoming the go to guy... I call this the go to guy because everyone else says no. Drivers need to remember that the dispatcher isn't going to sitting in the cell with them when they kill someone. I heard on the news that prosecutors are saying this particular driver hadn't slept in over 24 hours before the accident, if that's true the driver is an idiot. I'm not sure how NJ law for "death by auto works" but it's the law that needs to be changed. The DOT Hours of Service says the driver must have 10 hours off duty before operating a commercial motor vehicle. It says nothing about the amount of hours a driver must sleep before operating a commercial motor vehicle. I love all of these cases where they keep stating the driver didn't sleep, no law says the driver must sleep it talks about rest, breaks, and even 8 hours "in the sleeper birth" but nowhere does the law say the driver must sleep any numbers before returning to driving. The Hours Of Service were recently changed, but they didn't update this... He may have but he was reckless because he isn't supposed to be on the road for as long as he was... He went 24 hours without sleeping... Sleep apnea or not, he is putting himself and everyone at risk with that type of behavior. Link to comment Share on other sites More sharing options...
Burrstone Posted June 10, 2014 Share #383 Posted June 10, 2014 He may have but he was reckless because he isn't supposed to be on the road for as long as he was... I did not hear where he was on the road for longer than he should have been ie violating the hours of service... Was this reported somewhere? You could be up for 24 hours and not violate the hours of service... You could not violate the hours of service and still fall asleep... Hell you could sleep 8 hours and still fall asleep. Human beings are just meant to sit idle for that amount of time. He went 24 hours without sleeping... Sleep apnea or not, he is putting himself and everyone at risk with that type of behavior. I don't know how the prosecution is going to admit he went 24 hours without sleeping, but if he was dumb enough to go 24 hours without sleeping he was probably dumb enough to say that at the scene. It all depends on whether the prosecution can use the statement or not. We'll have to see if he said that (if he said it) until before or after he was read his rights, if he said that before he was read his rights they can't use the statement. He may have but he was reckless because he isn't supposed to be on the road for as long as he was... He went 24 hours without sleeping... Sleep apnea or not, he is putting himself and everyone at risk with that type of behavior. If he did go 24 hours without sleep I think he's a reckless prick. ...but the prosecution has to prove he was awake in excess of 24 hours... I don't think there is anyway for the prosecution to meet their burden.. Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 10, 2014 Share #384 Posted June 10, 2014 I did not hear where he was on the road for longer than he should have been ie violating the hours of service... Was this reported somewhere? You could be up for 24 hours and not violate the hours of service... You could not violate the hours of service and still fall asleep... Hell you could sleep 8 hours and still fall asleep. Human beings are just meant to sit idle for that amount of time. I don't know how the prosecution is going to admit he went 24 hours without sleeping, but if he was dumb enough to go 24 hours without sleeping he was probably dumb enough to say that at the scene. It all depends on whether the prosecution can use the statement or not. We'll have to see if he said that (if he said it) until before or after he was read his rights, if he said that before he was read his rights they can't use the statement. If he did go 24 hours without sleep I think he's a reckless prick. ...but the prosecution has to prove he was awake in excess of 24 hours... I don't think there is anyway for the prosecution to meet their burden.. This was reported on the news... Walmart is cooperating, but going long hours without sleep is a tactic that truckers use because they are paid based on how many hours they work. Link to comment Share on other sites More sharing options...
Truckie Posted June 10, 2014 Share #385 Posted June 10, 2014 Completely different circumstances... The conductor suffered from sleep apnea, which is a disorder that he couldn't control. From my understanding, the investigation is ongoing, and for now, he will not face any charges. Not conductor, engineer. This was reported on the news... Walmart is cooperating, but going long hours without sleep is a tactic that truckers use because they are paid based on how many hours they work. In most cases over the road truck drivers are not paid by the hour, but by the loaded mile. That being said, they are going to want to get a shipment from point a to point b as quickly as possible so they can move on to the next shipment. The longer it takes to get to their destination, the less money they make. The end result is the same, the more hours worked, the more miles driven, the more money made. Under federal regulations over the road truck drivers are required to keep a log of hours driven, resting, sleeping, etc. It is somewhat a common, but illegal, practice to keep 2 sets of logs so when the authorities stop a truck for inspection the log book looks good. If he was keeping a log book that didn't reflect what he was actually doing is a significant offense. If these actions resulted in an accident where there was bodily harm, then it's criminal. I'm not saying that this is what happened. I will say I can almost guarantee that not all information is being released to the media. Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 10, 2014 Share #386 Posted June 10, 2014 Not conductor, engineer. In most cases over the road truck drivers are not paid by the hour, but by the loaded mile. That being said, they are going to want to get a shipment from point a to point b as quickly as possible so they can move on to the next shipment. The longer it takes to get to their destination, the less money they make. The end result is the same, the more hours worked, the more miles driven, the more money made. Under federal regulations over the road truck drivers are required to keep a log of hours driven, resting, sleeping, etc. It is somewhat a common, but illegal, practice to keep 2 sets of logs so when the authorities stop a truck for inspection the log book looks good. If he was keeping a log book that didn't reflect what he was actually doing is a significant offense. If these actions resulted in an accident where there was bodily harm, then it's criminal. I'm not saying that this is what happened. I will say I can almost guarantee that not all information is being released to the media. Yes, engineer is what I meant to say... Being multilingual can be a blessing and a curse sometimes... lol Also correct about the other part as well... Link to comment Share on other sites More sharing options...
46Dover Posted June 10, 2014 Share #387 Posted June 10, 2014 Did anyone pick up the truck driver's twitter message? They'll definitely use that against him Link to comment Share on other sites More sharing options...
Burrstone Posted June 11, 2014 Share #388 Posted June 11, 2014 This was reported on the news... Walmart is cooperating, but going long hours without sleep is a tactic that truckers use because they are paid based on how many hours they work. In most cases over the road truck drivers are not paid by the hour, but by the loaded mile. That being said, they are going to want to get a shipment from point a to point b as quickly as possible so they can move on to the next shipment. The longer it takes to get to their destination, the less money they make. The end result is the same, the more hours worked, the more miles driven, the more money made. Under federal regulations over the road truck drivers are required to keep a log of hours driven, resting, sleeping, etc. It is somewhat a common, but illegal, practice to keep 2 sets of logs so when the authorities stop a truck for inspection the log book looks good. If he was keeping a log book that didn't reflect what he was actually doing is a significant offense. If these actions resulted in an accident where there was bodily harm, then it's criminal. I'm not saying that this is what happened. I will say I can almost guarantee that not all information is being released to the media. Here is a blurb from the AP which contains a statement from Walmart: "According to the criminal complaint, Roper was operating the truck "without having slept for a period in excess of 24 hours resulting in a motor vehicle accident." But Wal-Mart said the company believes Roper was operating within federal regulations, which require drivers to work no more than 14 hours — 11 of them driving — for any shift." http://abcnews.go.com/Business/wireStory/morgan-accident-hundreds-wal-mart-trucks-24060648 If he was running legal i don't know how they're going to prove he went in excess of 24 hours without sleep? Also i wanted to say based on the comments hear and ewhenever the subject comes up from those whod on't really understand how the industry works. I think find most people have an assumption that OTR truck drivers use illegal tactics and drive illegal hours to make as much money as possible. This is just not accurate, sure there are bad apples in any industry but first realize that for most OTR drivers 2,500 miles in a week is considered very a good week... Let's say a driver works 6 days on average (because an OTR driver is usually home 2 days every 2 weeks) 2,500 miles/ 6 days / 60 MPH = 6.9 hours a day of driving, well within the legal limit. In the AP article (linked above) it says "Wal-Mart has 6,121 tractors for hauling trailers and 7,175 drivers. They drove 667 million miles last year." That on average is just under 300 miles a day per truck / 60mph = just under 5 hours of driving a day or about 255 miles per day per company driver or just under 4 hours and 15 minutes of driving per day. I know these are just averages but these smokie and bandit type stereotypes are not only outrageous but unrealistic, given the averages you are not going to see a driver in that company driving 24 hours to make money. In fact it is very hard to get a job driving with Walmart these drivers are making $75,000+ a year driving legally,it's not some rundown operation where they need to run illegal to eat. As far as running illegal, two log books will soon be a thing of the past as the DOT is requiring "paperless logs" a computer system in the truck where the driver enters his/her miles, many big companies already have them. I don't know if Walmart does or not... Did anyone pick up the truck driver's twitter message? They'll definitely use that against him Oh yea! I think it was more of a metaphor for this is what he does with his life to make money and if you f**k with him (get in his way) he is going to run you over.... But since the prosecution already charged him and don't want egg on their face they are trying to make the public think he meant that if you are in front of him on the highway he will run you over and kill you. Come on! Another example to watch what you say on social media! Also, he went on an angry rant, denies being up up 24 hours... So without him saying he was up 24hours I don't know how they will prove it, only he knows if he was or not. http://perezhilton.com/2014-06-10-trucker-in-tracy-morgan-crash-goes-on-angry-twitter-rant#.U5fZh_ldXuo Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 11, 2014 Share #389 Posted June 11, 2014 Here is a blurb from the AP which contains a statement from Walmart: "According to the criminal complaint, Roper was operating the truck "without having slept for a period in excess of 24 hours resulting in a motor vehicle accident." But Wal-Mart said the company believes Roper was operating within federal regulations, which require drivers to work no more than 14 hours — 11 of them driving — for any shift." http://abcnews.go.com/Business/wireStory/morgan-accident-hundreds-wal-mart-trucks-24060648 If he was running legal i don't know how they're going to prove he went in excess of 24 hours without sleep? Well he'll have his day in court... He's arguing that he didn't do anything wrong, and had enough sleep, so we'll see how this one turns out. Link to comment Share on other sites More sharing options...
Truckie Posted June 14, 2014 Share #390 Posted June 14, 2014 any updates on what happened to the cars in the accident? Still under tight wraps on the property. Link to comment Share on other sites More sharing options...
Union Tpke Posted June 15, 2014 Share #391 Posted June 15, 2014 Still under tight wraps on the property. OK, but do you know exactly where? Link to comment Share on other sites More sharing options...
Truckie Posted June 15, 2014 Share #392 Posted June 15, 2014 Yes I do know exactly where. Save yourself the trouble of asking. I'm not going to disclose the location. Link to comment Share on other sites More sharing options...
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