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KReed

Landscape Company Owner Indicted For 2018 Death Of Woman In Big Flats

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KReed    442
Posted (edited)

Full story here: http://home.elmiratelegram.com/?p=1786

Without even discussing countless "rumors" that I've heard about this business and its operating practices....I have so many questions.

It seems pretty clear that the grand jury heard enough to charge the owner for having an uninspected vehicle on the road with mechanical issues. Running a business, owning and registering the vehicle puts undeniable liability on this guy, but it seems like there should be questions about the driver and their responsibility as well.


When we say "dump truck" and have NYSP "Commercial Vehicle Enforcement Unit" assisting with the investigation, can we assume this is a vehicle that requires a CDL license to operate?

If so, was the driver properly licensed to operate the vehicle? If not, is this guy guy under a separate investigation for not hiring qualified staff to drive these things?

Wouldn't such a driver have perform a pre-trip inspection that required him/her to sign off on the fitness of the vehicle?

Even in a vehicle deemed "fit" for service by the driver (which I would think not having a current inspection would automatically disqualify), aren't CDL licensed individuals expected to follow basic safety protocols when parking on a hill?? Even in a simple teenage civilian driver's ed class, I was taught how to turn the wheel when parked facing up or down a hill. 
 

Edited by KReed

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Chris    951
9 minutes ago, KReed said:

Wouldn't such a driver have perform a pre-trip inspection that required him/her to sign off on the fitness of the vehicle?

Even in a vehicle deemed "fit" for service by the driver (which I would think not having a current inspection would automatically disqualify), aren't CDL licensed individuals expected to follow basic safety protocols when parking on a hill?? Even in a simple teenage civilian driver's ed class, I was taught how to turn the wheel when parked facing up or down a hill. 
 

To the best of my knowledge, yes. 

I'd have to look up the exact wording, but commercial drivers have to do a pre-trip inspection at the beginning of every trip.

I guess I was under the assumption that he was the driver of the vehicle. 

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KReed    442
13 hours ago, Chris said:

I guess I was under the assumption that he was the driver of the vehicle. 

Not from the sounds of it, the press release doesn't explicitly say he was operating it....and the umm "lively discussion" from a lot of from people claiming to know him and/or the driver on the Sheriff's FB page, he was not at the scene and was not the one who parked the vehicle where it rolled from that day.

 

13 hours ago, Chris said:

I'd have to look up the exact wording, but commercial drivers have to do a pre-trip inspection at the beginning of every trip.

 

So another thought hit me....if this company was hiring drivers who were not commercially licensed and just (illegally) paying a kid off the street with a class D license to mow lawns, I wonder if an unsuspecting kid who was not necessarily aware they were supposed to have a CDL and not properly licensed be less criminally liable for precautions they didn't know to take or inspections they didn't grasp the importance of?

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Hal    218

Sorry to jump in the “ way back machine “ again . In my days working for a local municipality on the highway crew , we worked behind many a truckload of materials driven by fly by night drivers . These gentlemen were hired by the contractors that came in with the lowest bid and were well known for thier machinery and operators being sub standard or “ straddling the Legal line “ if you will . Imagine guiding a ten wheeler load of hot asphalt back to the paver and the hydraulic line breaks spraying hot oil in all directions as the loaded box crashes to the frame because the check valve that prevents this was also faulty ... oh yeah , my point LOL ! Point is , I do not doubt this is still in practice and as for CDL requirements , I was allowed to drive town dump truck without CDL as long as it was under the labeled MGW  ( max gross weight )  of 18,000 lbs . Don’t know the requirements now of course that being back in late 70s . It was standard to run a check while the truck was warming up , fluids , air brake assist , etc . Then at the job site IF  you parked and left the vehicle the front wheels were turned inward toward the curb , parking brake set  and In lowest gear . And wheels chocked if on a hill to prevent this incident from happening. Now , I have not been following the hubbub on FB so I can only speak to what I speculate is Owner and Driver neglect and that life was lost due to that negligence. In my long years of working in some kinda dangerous places I have heard the statement “ someone’s going to get killed before something gets done “ ... well , some did get killed ( 4 ) and nothing got done ! Again , making the point , things like this never change , heads get turned , problems with equipment still get through or ignored , safety concerns get brushed aside ( I have the scars and fractures as proof ) . And when the heat from this last unfortunate incident cools , things will get back to the usual “ let it slide “ attitude . 

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