Can I Be Held Personally Liable?

Topic 26158 | Page 1

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Grumpy Old Man's Comment
member avatar

I have an issue with my cruise control.

It does not turn on sometimes, but more importantly it doesn’t turn off sometimes.

I don’t think it is actually still engaged and pulling the vehicle forward, at least it has never felt like it, which is why I continued to drive it. I saw it more as an inconvenience, as it was next to impossible to downshift.

If you have ever forgotten to turn off your cruise and tried to downshift, you know how the engine revs slowly. So when it happens, I have to hold the pedal until the rpms climb, and then shove it into gear when they rise, or fall if I miss it on the way up.

I think the issue is with the onguard system. It still shows the cruise as set, and nothing shuts it off. Not the clutch, brake, or off or cancel buttons. After what feels like 3 to 5 seconds after I downshift or brake the onguard beeps and it shows the cruise as off.

I reported it to the shop last month and they replaced all the cruise sensors and buttons, but it hasn’t changed.

As I said I didn’t even think of it as a safety risk and kept driving it until I mentioned it to my trainer today and he said I absolutely had to stop driving it. He said if I got in an accident knowing it was faulty I would be in deep crap.

I’m sure he is correct, just wanted to get input here.

OWI:

Operating While Intoxicated

Banks's Comment
member avatar

I was told the same thing regarding pretrips and faulty equipment. In the event of death or injury you can be criminally charged with neglect.

I'm not a fan of cruise control. I like to have control of everything.

PackRat's Comment
member avatar

Get it fixed ASAP! It’s not functioning properly, and has to do with the drive system, therefore it is a major safety issue.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Bobcat_Bob's Comment
member avatar

At OD if there is anything wrong with the On Guard or lane departure systems we are supposed to report it right away and not use the truck.

Rick S.'s Comment
member avatar

It IS a major safety issue.

While it's not (technically) covered in a pre-trip, nor would be caught by DOT in a L1 inspection - but if it causes an accident, it CANNOT BE BLAMED ON THE TRUCK - especially if you KNEW ABOUT IT.

"Yeah officer, been having issues with the cruise control, it wouldn't disengage and I ran over soccer mom and the 6 kids."

Now - obviously, the safest thing is to NOT USE IT AT ALL, until it gets fixed.

Cruise Control is considered a "convenience", not a necessary function - so complaining about it to Road Service might just get you a "then don't use it" as a response. A note to SAFETY, will likely get better results.

But again - CC is not something REQUIRED for you to run the truck, your RIGHT FOOT IS. If it doesn't disengage when you hit the brake, clutch or turn it off via the switch - it's one of the COMPUTERS (or some really faulty wiring).

Either STOP USING IT - OR STOP DRIVING IT, until it gets fixed.

Rick

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Rob S.'s Comment
member avatar

If the cruise isn't turning off when it's supposed to that a pretty big deal. I can overlook a lot of things but I need the tractor to stop when I tell it to. I wouldn't use cruise control until it's fixed.

G-Town's Comment
member avatar

Grumpy please do not drive any truck with issues like that. Insist they fix-it and road test before they put you back in that truck.

Turtle's Comment
member avatar

You've got your liability answer, so I won't pile on any further than that.

When my OnGuard was acting up, it disabled the cc, meaning I was stuck at 58mph since our company trucks will only do 62 while on cruise. 58 on the pedal.

Someone told me of a way to bypass the disabled cruise, allowing me to cruise at 62 again. That worked, BUT it disabled the ACC (adaptive cruise control). That's was a whole 'nuther problem spawned by the OnGuard issue. I wasn't comfortable with any of it, so I took it straight to our shop. In less than an hour they traced the problem to a frayed wire going to the OnGuard unit.

That's nothing to play with, Grumpy. Get her fixed.

OWI:

Operating While Intoxicated

Grumpy Old Man's Comment
member avatar

Again, it wasn’t actually sticking on, as in propelling the vehicle forward, or I definitely wouldn’t have used it. It was also random.

But regardless, I refused to drive it, and I am now in a new to me truck.

I have now moved all my stuff from truck to truck 6 times in a week, but today should be the last move.

Junkyard Dog's Comment
member avatar

When I first started driving I went to Walmart and bought two of those 18 gallon totes. They seat within each other. And they sit on the floor with the passenger seat moved back very nicely. When I got my new truck I was able to pack everything into those except for the fridge and the microwave. Makes moving very easily. Right now I store my dry goods in there makes it easy to find things.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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