Aggravated Assault By Semi In Florida

Topic 23870 | Page 4

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G-Town's Comment
member avatar

Michael thinks he knows the law...

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Yeah I know but like many others I just road it out since I wasn't impending traffic and have to keep passing folks. Of course I don't do that anymore even in my personal vehicle.

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But you were impeding traffic, by definition- he was going faster than you, trying to pass you, in the passing lane. You were going slower than him in the passing lane and wouldnt move over because you would eventually be passing somone further up ahead, oh, and he was speeding.

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Yeah I know but like many others I just road it out since I wasn't impending traffic and have to keep passing folks. Of course I don't do that anymore even in my personal vehicle.

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Lol. Now Jamie, you keep repeating that you werent impedeing traffic but then you say "exept for the speeding truck". I have to laugh because the very statement "exept for the speeding truck" you are admiting to impeding traffic! It doesnt matter if the vehicle coming up behind you is doing 20 under or 40 over the speed limit or what the flow is going. If they are going faster than you and you wont move out of the passing lane you are impeding traffic!!! You cant use the excuse you have to keep passing folks, there is always someone going slower than you. Nobody would ever leave the fast/passing lane if this excuse were valid.

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in today's time I would have just gotten over the moment I seen him speeding up behind me.

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At least you learned from your mistake. I am glad to hear you dont do this kinda stuff anymore especially behind the wheel of your truck. I am not really trying to bust your chops here but you have to admit its kinda funny...right? Stay safe and happy trucking!!!

Impeding traffic is a subjective judgement call, with specific governance, language mandated by what ever jurisdiction you happen to be passing through.

Most of the laws include the wording “reasonable operation”; which implies going the speed limit. If a LEO observed the situation Jamie described; the ticket would be written for the fool following too close.

“Reasonable Operation” is not hanging in the passing lane for a prolonged period of time attempting to execute a pass. Use good judgement; if you are going to pass do it safely and get it done quickly. Like I said good judgement, much of which comes from experience. Pick your spurs and err on the side of patience until you know how your truck will respond.

Be safe.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

OWI:

Operating While Intoxicated

Mr. Curmudgeon's Comment
member avatar

in many states that have an impeding traffic law, it refers to impeding the lawful flow of traffic. The law in Illinois says that you can't drive in the left lane, far left lane, on controlled-access highways, for more than half a mile unless you are actually overtaking another vehicle.

This raises two issues. The first is if your impeding unlawful traffic flow, are you truly violating a statue? Second, if you are actually overtaking, and there is no gauge of distance or immediacy, are you violating the statue? Yeah, I get it's a courtesy thing for super trucket who believes needs to go faster than he's allowed to go, but is it a violation?

Michael B.'s Comment
member avatar
Michael thinks he knows the law...

Now now G-Town, I never claimed to know the law and never claimed Jamie would get a ticket. But I did claim to know the definition of impeding. Like it or not staying in the passing lane because there are more people ahead you will be passing and not moving over for someone going faster than you (regardless if they are speeding or would get a ticket) is still impeding traffic since nobody really knows if the truck was speeding or not (his speeding was assumed). Both he and the trucker were in the wrong. Their two wrongs didnt make a right.

G-Town's Comment
member avatar

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Michael thinks he knows the law...

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Now now G-Town, I never claimed to know the law and never claimed Jamie would get a ticket. But I did claim to know the definition of impeding. Like it or not staying in the passing lane because there are more people ahead you will be passing and not moving over for someone going faster than you (regardless if they are speeding or would get a ticket) is still impeding traffic since nobody really knows if the truck was speeding or not (his speeding was assumed). Both he and the trucker were in the wrong. Their two wrongs didnt make a right.

Michael...I beg to differ. You referenced impeding traffic as a relevant point to Jamie’s reply without understanding how it’s enforced or why. Try to learn something from what I wrote and Mr. Crumdgeon write.

Redirecting focus on the OP; he was just as wrong as the truck driver(s). Read my replies to the OP; I’d never condone his behavior under any circumstance.

Michael B.'s Comment
member avatar

Not trying to argue and I get what you two are saying It all depends on what state you are in and how their laws are written Georgia for instance passed their Slowpoke Law in 2014. It says if cars start queuing up behind you, then you must move out of the left lane or get a citation. Thats even if you're at the speed limit. Floridas law makes no explicit mention of speed, but requires drivers to move to the right if they should reasonably know that a faster car is coming. In California Vehicle code 21654 requires "any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction" to drive in the right lane, " not withstanding the prima facie speed limits." Laws such as this refer to the "normal" speed of traffic, not the "legal" speed of traffic. A growing number of states now require drivers in the left lane to move to the right, even if they are driving at or exceeding the speed limit. The speed of their vehicle is irrelevant. There is a duty to keep right and use the left lane for passing only. This is the case in Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Iowa, Minnesota, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming. Some states are aggressively enforcing and some are not.

There are two types of drivers: (1) those who get upset when somebody is illegally hanging out in the left passing lane, and (2) those who are blissfully ignorant that hanging out in the passing lane is both illegal and dangerous. When slower drivers are scattered between the right and left lanes, faster drivers must weave back and forth, slowing and speeding up repeatedly. For those who believe that they shouldn’t have to move over if they’re driving the posted speed limit, not only are they driving illegally, but evidence shows that slowing down and changing lanes is more dangerous than speeding. A car going 5 MPH slower than the speed limit has a greater chance of causing an accident than one going 5 MPH faster than the speed limit. That is why every state has some law on the books restricting the use of the left passing lane. In 29 states, any car traveling slower than surrounding traffic must be in the right lane. In 11 states, the laws are even stricter—reserving the left lane only for turning or passing. In a growing number of states—especially Texas, Washington, and Ohio—police are engaging in an aggressive program to ticket violators.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Grumpy Old Man's Comment
member avatar

Not trying to argue and I get what you two are saying It all depends on what state you are in and how their laws are written Georgia for instance passed their Slowpoke Law in 2014. It says if cars start queuing up behind you, then you must move out of the left lane or get a citation. Thats even if you're at the speed limit. Floridas law makes no explicit mention of speed, but requires drivers to move to the right if they should reasonably know that a faster car is coming. In California Vehicle code 21654 requires "any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction" to drive in the right lane, " not withstanding the prima facie speed limits." Laws such as this refer to the "normal" speed of traffic, not the "legal" speed of traffic. A growing number of states now require drivers in the left lane to move to the right, even if they are driving at or exceeding the speed limit. The speed of their vehicle is irrelevant. There is a duty to keep right and use the left lane for passing only. This is the case in Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Iowa, Minnesota, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming. Some states are aggressively enforcing and some are not.

There are two types of drivers: (1) those who get upset when somebody is illegally hanging out in the left passing lane, and (2) those who are blissfully ignorant that hanging out in the passing lane is both illegal and dangerous. When slower drivers are scattered between the right and left lanes, faster drivers must weave back and forth, slowing and speeding up repeatedly. For those who believe that they shouldn’t have to move over if they’re driving the posted speed limit, not only are they driving illegally, but evidence shows that slowing down and changing lanes is more dangerous than speeding. A car going 5 MPH slower than the speed limit has a greater chance of causing an accident than one going 5 MPH faster than the speed limit. That is why every state has some law on the books restricting the use of the left passing lane. In 29 states, any car traveling slower than surrounding traffic must be in the right lane. In 11 states, the laws are even stricter—reserving the left lane only for turning or passing. In a growing number of states—especially Texas, Washington, and Ohio—police are engaging in an aggressive program to ticket violators.

Absolutely. I have no clue how it relates to commercial vehicles, but many states have a keep right law, and the speed limit is not part of it.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

G-Town's Comment
member avatar

Not trying to argue and I get what you two are saying It all depends on what state you are in and how their laws are written Georgia for instance passed their Slowpoke Law in 2014. It says if cars start queuing up behind you, then you must move out of the left lane or get a citation. Thats even if you're at the speed limit. Floridas law makes no explicit mention of speed, but requires drivers to move to the right if they should reasonably know that a faster car is coming. In California Vehicle code 21654 requires "any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction" to drive in the right lane, " not withstanding the prima facie speed limits." Laws such as this refer to the "normal" speed of traffic, not the "legal" speed of traffic. A growing number of states now require drivers in the left lane to move to the right, even if they are driving at or exceeding the speed limit. The speed of their vehicle is irrelevant. There is a duty to keep right and use the left lane for passing only. This is the case in Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Iowa, Minnesota, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming. Some states are aggressively enforcing and some are not.

There are two types of drivers: (1) those who get upset when somebody is illegally hanging out in the left passing lane, and (2) those who are blissfully ignorant that hanging out in the passing lane is both illegal and dangerous. When slower drivers are scattered between the right and left lanes, faster drivers must weave back and forth, slowing and speeding up repeatedly. For those who believe that they shouldn’t have to move over if they’re driving the posted speed limit, not only are they driving illegally, but evidence shows that slowing down and changing lanes is more dangerous than speeding. A car going 5 MPH slower than the speed limit has a greater chance of causing an accident than one going 5 MPH faster than the speed limit. That is why every state has some law on the books restricting the use of the left passing lane. In 29 states, any car traveling slower than surrounding traffic must be in the right lane. In 11 states, the laws are even stricter—reserving the left lane only for turning or passing. In a growing number of states—especially Texas, Washington, and Ohio—police are engaging in an aggressive program to ticket violators.

You really should reread my first reply...to paraphrase, “about only using the passing lane to pass, and getting it done quickly.” You kinda overlooked that.

“Dead Horse...Beaten”

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Jamie's Comment
member avatar

I mean I never said I wasn't going the flow of traffic? Sure i shouldn't have road the left lane out, but just because this super trucker wanted to speed doesn't mean I was going slower than others in the left lane. I simply said he came up behind me blowing his air horn.

So I wouldn't say I was impending traffic simply because one truck on the road wanted to go faster then those around him.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Michael B.'s Comment
member avatar
Michael...I beg to differ. You referenced impeding traffic as a relevant point to Jamie’s reply without understanding how it’s enforced or why. Try to learn something from what I wrote and Mr. Crumdgeon write.

So I do as you wish and explain not only how its enforced AND why its enforced but I'm still wrong? Wow. Ok. You win. I will stop posting, wouldnt want to hurt your dead horse.

Jamie's Comment
member avatar

But that was some time ago, I don't stay in the left lane long anymore. Usually long enough to pass a car going slow(in my personal car), it's almost impossible to pass someone in my truck without impending traffic since I'm so slow. rofl-1.gif

I'd have to catch them on the down hill and when there is a large gap in traffic. Otherwise I'd slow down.

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