Houston,TX,Pepsi Semi driver lost the brakes & hit concrete barrier at a toll booth.

Discussion in 'Trucking Accidents' started by Apostolic, Jun 28, 2012.

  1. Apostolic

    Apostolic Super Moderator Staff Member

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  2. chitownpeddler

    chitownpeddler Well-Known Member

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    Wow could you imagine being the toll taker?
     
  3. grocerythrower

    grocerythrower Super Mod

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    One of the comments says the driver needs a drug test and a log book check, he was towed so he will get tested per DOT, I think he made a good decision, however, Pepsi may not see it like that, I hope he is union, otherwise he is at the mercy of the company.

    I didn't really understand that comment, the Pepsi driver may have saved a life, what do drugs and log book violations have to do with the brakes going out. Thats an uncommon failure on a truck, the hills aren't that steep around that toll area.
     
  4. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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    Seems to be another GLARING EXAMPLE OF FAULTY MAINTENANCE by Pepsico.
    Many Local Drivers at Pepsico and related companies are Slip Seat, so it's no surprise this unfortunate Driver got a Lemonade Truck which "may have been put Out Of Service" 'cept someone removed the Tag or the "shop personnel" declared it Safe.
    Wonder if that stopping maneuver was the first one since leaving the Yard??

    ANY driving accident requires a Drug Test.
     
  5. Airbrakes

    Airbrakes Super trucker

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    Every accident requires a drug test. However, being that this driver is a local driver, he's likely under the line-haul exemption and has no log book.
     
  6. Apostolic

    Apostolic Super Moderator Staff Member

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    I was a city driver and was not required to log the hours I drove during my work day.
    However I was required to keep track of the hours I put in the clock.
    Sometimes coming up short on hours because of working overtime.
    I would have to put myself out of service till I recapped my hours.

    I always thought any crash involving injuries,death,or a certain dollar amount,a drug test was required?
     
  7. grocerythrower

    grocerythrower Super Mod

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    if a vehicle is towed or an injury occures then a test is required otherwise u wont be tested.
     
  8. autocar65

    autocar65 Local 767

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    Having have shared the dock with many Pepsi drivers....they don't pay attention on the dock, why would we expect them to pay attention while driving? I don't know how many times they have nearly run over me while listening to their ear buds or talking on their cell phones while unloading. If you are coming out of the truck with a 2,200 pound pallet of milk, they will walk right in front of you.

    Kinda like some store personnel.
     
  9. ButterCupAtCub

    ButterCupAtCub Member

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    Back in '04 driving line-haul for FedEx Freight (and I still do) I was hit head on on I-84 in West Hartford Ct by a 4 wheeler who missed his exit and decided it was a good idea to just whip around and come back to the ramp in the opposite direction's breakdown lane. He crossed into the travel lane and at that moment, I was the largest distributor of BMW parts in W.Hartford that night. The set I was in ended up across all 4 lanes (upright) and it took over 3 hours to get everything apart and cleaned up to be towed. I was not cited and NEVER drug tested. I was in another set doing my bid the very next night.

    The DOT and the company has a flowchart that they reference to. I met the criteria and no drug test was ordered. I stayed in contact with the CT District Attorney to make sure everything stayed in order up until and through the driver's court appearance.

    Again, no citations and no drug test. One lesson learned throughout that whole ordeal, The person(s) that you just past and those behind you are your witnesses should anything ahead of you happen. Only thing I lost out on was the the Massachusetts State TDC for that year. ATA says no accidents no matter if preventable or not.

    Go to the FMCSA site and search Post Accident DrugTest Flow-Chart. It will always have the "AND" stipulation and the term "CITED" makes the difference.

    as in: The driver was "cited" "AND" the vehicle(s) was towed, that would be a yes to the testing.

    as in: The driver was not "cited" "AND" the vehicle(s) was towed, that would be a no to the testing.

    Info you: if the driver of the CMV is deceased, no urine testing is required. Says it in black and white.
     
    Last edited by a moderator: Jul 16, 2012
  10. Guardrail

    Guardrail Super Moderator Staff Member

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    Just because Fedex didn't do it doesn't mean they shouldn't have.


    § 382.303 Post-accident testing.

    (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:

    (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

    (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:

    (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

    (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

    (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:

    (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

    (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:

    (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

    (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=382.303
     
  11. ButterCupAtCub

    ButterCupAtCub Member

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    (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved

    It all starts with IF a citation was ISSUED...Take away the #2 of the ruling and there is no reason to continue down the flowchart.
    And it wasn't just FedEx, Connecticut DOT also determined and adhered to the NO CITATION ISSUED clause.

    In both paragraphs that start with (2) and then move through the flow charts states "Who RECEIVES a citation" whether it is immediate or with in the 8 hour rule or the 32 hour rule, yes.

    It also says: each EMPLOYER....not the DOT, EMPLOYER.

    § 382.303 Post-accident testing.

    (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, EACH EMPLOYER shall test for alcohol for each of its surviving drivers:

    Table for § 382.303(a) and (b) <------you need to read further down in your example, the flow chart is right there.
     
    Last edited by a moderator: Jul 16, 2012
  12. grocerythrower

    grocerythrower Super Mod

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    I don't know man, I was going by my experience, I got up against a car one time going to a delivery and he was able to drive away, I didn't test, we had a guy at sysco that was turning right and a car came up on his right, he tore the car up and it was towed, he got a drug test.
    I never looked at the regs, getting against that car is the only accident I ever had in a CMV.
     
  13. ButterCupAtCub

    ButterCupAtCub Member

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    Were either of you cited? That is the word. CITED, TICKETED, FOUND AT FAULT. It can also come down to the employer having a reasonable suspicion. So many variables and interpitations.

    I done with this though, didn't think it would be an active debate. Do what you do and drive the way you're supposed to and it'll all be roses for you and you'll never have to worry about it.
     
  14. grocerythrower

    grocerythrower Super Mod

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    No, I didn't get a ticket, neither did the other guy who was parked up on a curb with his ass end hanging out into the road.
     

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