The Verdict Is In……. 110 Years Concurrent Life Sentences

Topic 31238 | Page 2

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Andrey's Comment
member avatar

I read the article, but didn't find much details there. What did the guy do wrong other then missed several ramps? His English skills are also not clear - he made some statements, but in which language? No information about it. If he received a company training, passed all tests and got a legal CDL , then made a proper pre-trip, and after that his brakes failed, then 110 years is too much. However, I don't understand how he could be just rolling, isn't there a spring that locks your brakes if air is not supplied?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Anne A. (G13Momcat)'s Comment
member avatar

This tragedy is a clear and obvious event exemplifying the level of responsibility and accountability we have as Professional Drivers.

Be smart. Be safe. God Speed.

Well spoken. Spot on.

Any thoughts on this, however?!?

3 million and COUNTING .. petition.

Just me, wondering. Thinking out loud.

~ Anne ~

ps: Please, no bashing. I didn't sign it.

Nobody should get a license, CDL or otherwise without having English language skills. Maybe get rid of the press one for English on phones and work from there. Most American families were immigrants, very few of those came from England and we all managed to learn it.

RobSteeler;

That 'press one' ... and then you get another language'd person on the line, haha! See, I'm okay with #2.

I'm bilingual (hispanic/Italian) . . . but not living in Florida, I'm slow...and they talk fast! If I accidentally press 2 I'll be fine, with a 'repeat' option....a few times. Part of what I DO miss about FL is practicing the language. Spanish was EASY for me to learn, my dad (and mom, etc...) speaking mostly Italian when I was little; so I didn't 'know' what I wasn't supposed to. Self taught! LoL! I'm not 'fluent' by any means; neither here nor there~! Spanish/Hispanic (whatever the 'woke' term is for it, haha!) are very similar.

Maybe the USA should incorporate the SPANISH language in CDL training, better????? Or, offer ESL classes...affordably? Free?

Hmmm... I mean, Canada entertains French, right?

~ Anne ~

ps: When I lived in Florida, as a College credit I worked as a para educator (had to get certified) in ESL classes. It was a blast. Maybe the CDL community should incorporate this better, too?!?????

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
G-Town's Comment
member avatar

When you’ve cooked the brakes going downhill, the spring brake will not engage. Air pressure was not the issue, excessive heat build up on the brake linings was.

Banks's Comment
member avatar

I read the article, but didn't find much details there. What did the guy do wrong other then missed several ramps? His English skills are also not clear - he made some statements, but in which language? No information about it. If he received a company training, passed all tests and got a legal CDL , then made a proper pre-trip, and after that his brakes failed, then 110 years is too much. However, I don't understand how he could be just rolling, isn't there a spring that locks your brakes if air is not supplied?

He stopped to check the brakes and determined it was safe to keep going. He passed the escape ramps. He wasn't in the proper gear for the downgrade.

Maybe the USA should incorporate the SPANISH language in CDL training, better????? Or, offer ESL classes...affordably

No. The issue isn't the teaching the issue is the real world. You can't put up signs in every language to appease everyone.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Kevin B.'s Comment
member avatar

Admittedly I wasn't aware of this case until I read about it on my own this morning... But I find it appalling that someone thought it would be a good enough idea to trust someone with upwards of 80K pounds of truck who as I've subsequently learned had issues with reading/writing English??? Really??? I've already read posts here saying that accountability should be and will be coming in the form of civil suits against the company itself, but I think the process of getting your CDL and of becoming employed needs to be looked at as including the reading/writing English issue. I'm just stunned that someone would trust a truck to someone who has issues with reading/speaking/writing the language!

The airline industry is the same way. It's standardized on English as the language of communication. The world over if you're a pilot, you're supposed to be able to communicate in English and even they occasionally have their issues with a pilot who doesn't speak any English.

I, as someone who wasn't aware of this until this morning and admittedly not in the industry yet, I'd like to know did he not understand the runaway roads? I mean I've known since childhood, when riding my bike around the neighborhood, when I'd get a few streets over there'd be a big hill in the next tract of homes. That riding down the hill all the kids would build up a bunch of speed we'd subsequently lose going up the next hill. Same in a truck with failing brakes, going downhill, you see a road going uphill you take it...vs staying downhill and surly crashing.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

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.
Anne A. (G13Momcat)'s Comment
member avatar

Banks; (I was hoping you would chime in.....)

Not my thought processes at all. Teaching the 'NON NATIVE ENGLISH TONGUE' to others, of all kinds (don't bash me, dunno the right term anymore...) You missed my thought pattern; I'm often not clear, I know. (Still have teens at home; sorry. Muxes my brain, at times. Apologies.)

ESL !!!! Providing potential CDL candidates with the TOOLS to LEARN the English language! Heck, I took 4 years of Spanish in HS/College, paid for. My choice. I was kinda an SSL student, by choice. Helped TONS in Florida, driving for General Propeller Company and Miami Propeller Company (the daughter site.) Had I not learned Spanish, I wouldn't have gotten hired, honestly. I made great coin for a barely 20 y/o.. so I kinda feel this guy.

I just was wondering why this couldn't be a 'prerequisite' or even an accommodation, by and for . . . getting a CDL.

ESL / English as a Second Language.

Best to all; sorry~!

~ Anne ~

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Banks's Comment
member avatar

I gotcha, Anne.

Unfortunately, a lot of people don't have the dedication to learn a language and they definitely don't want to take the time to do so.

And even more unfortunate, making it a requisite would probably be called racist. Businesses/politicians are so afraid of that label, that they will abandon all common sense to prevent it from being placed on them.

Andrey's Comment
member avatar

Anne, in fact, it knowledge of English is required: Federal Motor Carrier Safety Administration, at 49 CFR 391.11, says that in order to get a Commercial Driver’s License, an applicant must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

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.
Andrey's Comment
member avatar

As for ESL, most towns have free ESL classes either led by volunteers at public libraries or offered at community colleges or centers.

Pacific Pearl's Comment
member avatar

What did the guy do wrong other then missed several ramps?

Here's a nice summary pieced together from the far reaches of the tubes:

The Cuban driver, Rogel Aguilera-Medros, drove for Castellano 03 Trucking out of Houston. Castellano had a horrible safety record. A fleet of 5 trucks racked up 30 safety violations including 10 just for braking issues. They also had a history of hiring drivers who didn't speak English. Specifically, they were cited for, "Driver cannot read or speak the English language sufficiently to respond to official inquiries." and, "Driver must be able to understand highway traffic signs and signals in the English language". To date, it hasn't been disclosed if Rogel was the driver who received these citations. He required a translator when he was interviewed by investigators and at his trial.

See him sailing past the emergency ramp, swerving in all lanes.

See him driving WAAAAAAY too fast seconds before the disaster.

Not only did he have the opportunity to USE A CLEARLY MARKED TRUCK EMERGENCY RAMP WITH FLASHING YELLOW LIGHTS. He had opportunities while driving uphill to safely land the truck in a ditch on the left-hand side of the road. Instead, he chose to keep driving. He had run the route twice before. Doesn't make him an expert at mountain driving, but he should have know there was an emergency exit on his route.

When he got to the bottom of the hill and faced a traffic jam he chose to drive to the right of the fog line. This worked fine until he encountered another truck parked ahead of him. Instead of taking the truck off the road or into a guardrail he chose to drive into 24 cars, killing four. Of course, he blamed the other truck driver..

Did this, "innocent" driver assist his victims immediately after intentionally crashing his truck into their cars? Nah, he was busy trying to borrow a cell phone so he could flee the scene. He was arrested and put in jail awaiting trial on $400,000 bail. Did he blame his poor choices, inability to speak English or inexperience as a driver? Nah, he claimed he was treated unfairly because of his race. He started a GoFundMe campaign and raised $120,000 to post bail and hire an attorney.

To those who say, "What if this happened to YOU, or another driver?" - I say, really? If I moved to a foreign country where I did not speak the language, took a safety sensitive job I was unqualified for, killed innocent people, claimed I blacked out then tried to blame another truck driver and racism for my plight then maybe. I doubt most countries would let me start a fundraiser, bail out, get a jury trial and a series of appeals though.

The 110 year sentence sounds harsher than it is. Remember, he was convicted on 27 counts. In Colorado an inmate can qualify for parole after only serving half their sentence. With good behavior an inmate can get out after having served only 38% of their sentence (just under 42 years - not too shabby for killing 4 and wounding 12). But wait, there's more. The driver gets to appeal his convictions and his sentences several times. Some convictions may be overturned, some sentences may be reduced or allowed to run consecutively (ten 5-year sentences only take 5 years instead of 50).

Unfortunately, Castellano only had $750,000 in insurance and 5 trucks for the lawyers to go after. The LLC was voluntarily dissolved on 10 July 2019. Yaimy Segura, Castellano's owner, still lives in Houston, TX.

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

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.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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