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DUE DILIGENCE
Posted by Kevin Snobel at 07:34 AM

Recently I had the pleasure of attending to a LEGAL MATTER, on behalf of our company.

Now I am not a lawyer, although I have studied some law courses, and enjoy handling such matters. The courtroom and its very nuances is interesting to say the least. The court and the people there are no different than you and I. However I cannot stress enough the importantance of DUE DILIGENCE. We pride ourselves on keeping good, clear, concise, accurate records, of our trianing and anything we require drivers to sign and keep on file. This particular incident was regarding a Speed Limiter and an O/O.

At the beginning of the year, we had all O/O prove to us they ahd a speed limiter (BOTH CRUISE AND PEDAL) set at no faster than 105 KM/H. We had them sign a form and keep a copy of this form in the truck, in their permit book. We also advised every O/O we would randomly check their trucks over the course of every quarter to ensure the speed limiter was still set at 105 KM/H. The court requested I prove we had done so.

Armed with copies of the letters from every O/O that was signed at the time, I went to court. I also had a copy of the company policy which we had instituted at the beginning of last year. At that time, we advised all O/O about random testing during the quarter. The CROWN withdrew the charges against the company, but they went FULL SPEED AHEAD against the O/O and found him guilty. Now I know some of you out there in Truckland may be saying big deal, so what. Well to us it is!

YOu see not only the MONETARY FINE, but the CVOR points are something none of us can afford. I cannot stress how important it is, for all us to document, document and document everything we do. Train retrain and train some more. Everytime you/we/them/us train ensure the drivers always sign a form they have acknowledged, being trained and know what they were trained in. Take the extra little time to ensure everydrive every time signs in and out. YOu just never know ho much it can save your company, Monetarilly and CVOR point wise. Everything we do, should be documented, YOU JUST NEVER KNOW WHEN YOU MAY NEED TO CALL UPON THOSE FORMS THAT WERE SIGNED.

The main point in the courts of course is ; WE HAVE CONTROL OVER THE DRIVERS WHILE IN THE YARD, ONCE THEY LEAVE WE HAVE TO PROVE WE HAVE TAKEN EVERY PRECATUION AND EVERY STEP CONCEIVABLE TO AVOID ANY PROBLEMS OR ISSUES. That means doing and proving you did it and of course PROVING IN COURT BEYOND A REASONABLE DOBUT YOU HAVE DONE IT. Court may say Innocent until proven guilty, I am not always convinced that it does work that way though. Sometimes it appears you are guilty until proven innocent.

Comments

So how fast was he going?
How much time and money was spent ?
Police, MTO, DOT, Court,Safety and compliance.
Good make work project.
No wonder if times where good, who
would want this BULL ---- ?

meslippery




Not quite sure what your comment is trying to prove. Are you saying representing a company is a bad thing? Due Diligence is a bad thing? Avoiding CVOR points is a bad thing? Helping others in the industry with ideas and recommendations is a bad thing? Or just like to attck me for no reason whatsoever. Thanks for the comment though IN your words would want this BULL___?




My point is speed limiters in trucks is a bad law.
As a driver it makes Hiways less safe for all traffic
due to the frustration they cause.
As a tax payer I dislike paying for the costs associated
with this unneeded law. Police, MTO, Court
Speed limiters are BS.
I dont have a problem with what your saying.
I have a problem with speed limiters being a compliance
issue at all. Time to change the Law.
Who wants my vote ?

ps Kevin you didnt answer my question. How fast was he going?
or was it a spot check?




Randon check last July He was inspected and they downloaded the speed on the engine from the ECM it showed NO SPEED LIMITED was ENGAGED. Quite frankly The driver put a speed limited on proved it to us then went to the expense of having it disngaged. As for a Speed Limited law You can try to fight it or adjust accordingly. Lots of laws we dont like we ahve to live with. Next time you comment state what you really mean. I had many emails, thanking me for pointing out the obvious of my article/blog DUE DILIGENCE in the end saves the company money CVOR points and possibly an audit.

If you would like to talk one day I will meet you at the truck show in APRIL I am prepared to defend anything I have stated, with the facts. I appreciate clear concise feedback on anything I have put. However attacking me personally gets nowhere, I anot being paid to write anything here. I am requested to voice concerns issues and whatever ails or does not in the industry.

My whole point here is to bring out in the open anything I can that people can read and hopefully use in the future for their or their company's future to continue to thrive.




You make the mistake, In that disngaging a speed limimiter costs alot.
It is really not that hard and will become cheaper over time.

meslippery




To put the issue to bed. Its the law, follow it, Plain and Simple. It is already breaking the law allowing us to set them at 105 when the speed limit, last time I checked was 100 KM/H on the 400 series highways. You are missing the real point. YOur comment has nothing to do with DUE DILIGENCE.

Unless you have a constructive comment I do not think you should post such rubbish. If you do not agree with the law take it up with the Premier of Ontario. Your supersillious replies are getting to be boring and not worth reading. YOu are starting to sound like the BOY WHO CRIED WOLF ONCE TO OFTEN. I notice you have also tried to stickhandle around Ray and he also shot you down.

Please meslippery this is an industry that is ever changing and ever evolving, if YOU cannot keep up then get out. People like Ray, myself, James, Adam Lou etc. and others are interested in helping others stay in it, prosper in it, and bring to the forefront issues that affect those in it. I am sorry to be so harsh but you have yet on this issue of DUE DILIGENCE shown any reply worth reading about DUE DILIGENCE. Your comment is strictly about a Speed limiter and it is illegal plain and simple. You do not agree and are crying wolf to make your point. MOVE ON ALREADY.




In my opinion, after having worked in this industry for 34 years is that whether any given regulation is "good law" or "bad law" is a subjective thing but the reality of the situation is that it IS the law and you have to deal with it as such.

Kevin is stating the position of any responsible carrier who understand that compliance with the law is not optional and if you do not put the proper polices and practices is place you are just cannon fodder for the regulators and the insurance companies.

I don't believe Kenvin is supporting the speed limiter law, he is supporting the principle of due diligence and gave an excellent example of it's practical application.




Just so no one is misled here, there are NO CVOR points associated with any of the speed limiter statutes - Not yet anyway!




Kevin is working him self into in to a early heart attack.
Just because I Believe that speed limiters are not needed.
Due diligence. Where is the due diligence to make sure drivers
dont drive 105 in a 80 or 60 or 50 or 40kph?
Oh You just have to trust them on all but the safest roads there are.
But on controlled hiways (the safest roads there are you cannot be trusted)
Yes I know its not Kevins falt I just want to make my point.

So If truck news bans me so be it.

meslippery




My only issue is, if the trucks have to be governed, every vehicle that travels through Ontario should have to follow the same laws.




That might be the answer Beth.
Photo radar was applied to every vehicle,and
where is that law today.

Maybe a charter of rights issue?

meslippery




That is the law, Beth the problem is there are not enough enforcement officers to enforce it properly. It needs to be enforced, systematically, and against all Trucks. We all are aware of the consequences, for breaking the law, now change and adapt. If we need more Police and enforcement officers out there than let's hire them. I want safer roads, not just for my trucks but me and more family as well. Yeah Yeah I know melsippery you dont like the law TOUGH COOKIES>




We are TOUGH COOKIES because rather fight than
"change and adapt" read whimp out and give in.

meslippery




I'm not sure what the others were trying to say with there comments. If you have an O/O who will disable a peice of manidory and regulated safety equipment, whether he agrees with it or not, that's not the issue. The issue is what else is this guy doing that a company may not know about. One of the points with the speed limiters was to slow the drivers down who aim their trucks down the road, not drive them.

I think we loose site of the bigger and often heaveier picture. We are driving 80,000 lbs plus weights that do not stop on a dime, nor do they turn like a fighter aircraft.

SLow down and possibly live longer.




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