Quarterly Driver Safety Meeting

Check out the newest driver safety meeting podcast available at: http://www.archive.org/details/USACDriverSafetyMeeting20070330

This podcast is a digital recording of a Department of Transportation required quarterly Commercial Motor Vehicle Professional Truck Driver Safety Meeting, presented by US Airconditioning Distributors, Inc. The meeting content covers issues of concern for Professional Truck Drivers, including:

• Commercial Vehicle Inspections
• Pre-trip Inspection
• Enroute Inspection
• Post-trip Inspection
• Safe Backing Practices
• New Federal Railroad Crossing Regulations
  

© This podcast is a production of and copyright material of US Airconditioning Distributors, Inc. All rights are reserved. It is intended as a learning aid for all Professional Commercial Truck Drivers to improve one's understanding and knowledge of Federal Truck Safety Requirements and Regulations.

Study materials available to be used with this podcast may be downloaded and viewed. They include:

• ATRI CMV Crash Behavior Analysis 146.6K
• CVSA Trailer Breakaway Inspection Testing Instructions 579.1K
• California DMV Trailer Coupling and Uncoupling 55.8K
• California DMV CMV Truck Inspection Guide 70.5K
• California DMV Commercial Drivers Handbook 2006 2.6M
• NACSA Policy Handbook 919.6K
• Understanding the NACSA Reqirements 2006 1.9M
• Powerpoint Presentation 3.5M
  

The Professional Truck Driver: Responsible and Accountable is the focus of this presentation. As Professional Truck Drivers, we are responsible and accountable for our industry safety record and public image. Each of us bear the burden. Our driving practices reflect more than mere statistics. They are a hodgepodge of events, actions, habits, and ideas. By keeping the focus upon safety--improving our skills, knowledge, and compliance--we improve not only our safety statistics, but also our image.

Smooth Sailing

Stand down, mates. Its been a good fight, and victory is come. The pirate captain--a man of honor and courage--has made amends. The issues are resolved, and the warrant cleared. Our flags fly peacefully in the gentle oceans breeze.

Thank you to my crew for your loyalty and commitment to justice. You remain victorious. Thank you to those who called and faxed Weber Distribution expressing outrage concerning the mistreatment of a single driver. Thank you for raising awareness of the issues you face as Professional Truck Drivers, and their threat to your driving privileges. Like crusaders you wield the powerful internet as your steel broadsword, swinging courageously into the fight, recapturing what is taken from you; your pride, good reputation, and positive public image. The internet is your strength and power harnessed for the common good.

You, as Professional Truck Drivers, show one more time you are responsible and accountable. One more time you earn your title, Knight Of The Road. You honor your profession. You honor your families. Remain always gentle and compassionate, ruthlessly wielding power only for truth and justice against those who would suppress you and yours. God's speed, protection and blessings on your journeys.

Surran v Weber Distribution

A Volley Afor' the Tack.

Ps. I find it useful to read the current Federal and State Code. There's been a lot of revisions since you last read the publications in 1983. Additionally, reading never equates with comprehension. I can read the Spanish language, but not understand it. Perhaps you find that true with complex regulations. --bb

Surran v Weber Distribution

Fire Starboard Cannon! Stand Away! Hard About, Mates. Look Lively.

Dear Mr. Lilja,

To quote Ronald Regan , "I want you to know that also I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent's youth and inexperience." -during a 1984 presidential debate with Walter Mondale. The continuing arrogance and assumptions one continues to make are factually incorrect. Do not forget that Weber Distribution fired all the persons originally involved with this matter. They remain eager to tell the truth. A brutal and bitter reputation reaps brutal and bitter harvests. One may try controlling the truth, however arrogant one remains, until justice prevails.

First, These documents were collected and compiled when your company asked me to apply for employment as a truck driver, not while I was employed by any other agency, nor did I ask to apply for employment.

Second, regarding Citation# 91324BO. The trailer in question was locked, secured, sealed, and placarded by Weber Distribution employees other than myself. I was given incorrectly manifested hazardous materials bill of lading which I attempted to correct in the company office. I am sure Weber Distribution can document all the necessary employee hazardous materials training required by law, especially the persons personally involved with the shipments in question.

Just because the citation was dismissed does not imply that violations did not occur and remain provable.

Third, CHP Officer Headrick , Inspector ID # 017344, copied all the citation information from a current Form 279. Only a fool would think I could tell a CHP officer to whom to write a ticket. I remain confident Officer Headrick will concur with my opinion.

Fourth, Citation #AV92001 was turned over to Weber Distribution employees in good faith as the company as a motor carrier has a responsibility to correct all mechanical problems. I accept now, as always, responsibility for the citation and will clear it with the court. As I request, now for the third time, please supply me with copies of all the documentation that the repairs were made in a timely manner and the citation--signed off by CHP personnel-- so that I might clear this issue with the court. I will be at the Santa Clara County Superior Court tomorrow by 10am to schedule a hearing.

The people involved with assuming the responsibility for Citation #AV92001 remain of clear mind and recollection that the repairs were made, the citation signed off by the CHP, a $10.00 money order purchased for the purpose of paying the court, and all the necessary supporting documentation mailed to the court. The documentation is retrievable. Copies of citations and repairs must, by law, be retained by the motor carrier. If you suggest that Weber Distribution has no supporting documentation it is an admission of guilt to the violation of the Code of Federal Regulations.

Finally, only the arrogance, anger and control exhibited by Weber Distribution agents and employees stand in the way of rectifying this situation. The creation of untruths and falsehoods to belittle me, to put me in my place, are counterproductive. The fact that today's hearing dismissed the citations is fortunate for me. Such facts support the avoidance of responsibility for habitual actions which seem acceptable at Weber Distribution, regardless of their accountability to the motoring public.

Son, you have slandered my good name, my record, and my honest intentions. We shall see if Weber Distribution is accountable for your actions. Only a full retraction of your false assumptions, apology and new company policy regarding the fair treatment of all employees, contract or otherwise, will quiet my outrage. I doubt your sincerity in making amends for your mistakes. Only men who live in fear cannot find common ground to solve mutual problems. Of what are you afraid? If you find the courage, prove me wrong and a fool for having such doubts concerning your ethical integrity and honesty.

Again, for the final time, I respectfully request all my personnel information Weber Distribution is required by law to retain and make available, including but not limited to:

• employment application
• background checks
• credit history checks
• criminal history checks
• all unknown investigative checks
  
• ten year employment history verification
• records of work
• driver's log book
• daily vehicle inspection reports
• vehicle mechanical defect citations
• hazardous material placarding citations
• hazardous material cargo securement citations
• bills of lading for cargo transported in vehicles while cited for violations
• all personnel memos
• all notes
• all comments

Yours in service,
William Surran

Surran v Weber Distribution

We Are Engaged! Scurry Lads, to the Cannon.

Mr. Surran,

Here is Weber's response to each of your requests and comments:

1) You have never been an employee of Weber Distribution. During the period in 2006, in which you received two citations while driving Weber equipment, you were an employee of CornerStone Staffing Solutions Inc., a temporary labor employer. All the "bullet points" that you requested below should be directed to your employer during this period.

2) I will remind you that your conversation to me with regard to information included a commitment from you to email me (I gave you my email address for this purpose) for YOU to provide me information on a future appearance date. You finally emailed me at 8:38 PM on Friday evening, and then sent the email below Saturday, emphasizing that you were asking a "second time."

I will remind you that I repeatedly emphasized that, on Citation #AV92001, that you, and only you, were contacted by the Court, and failed to appear or otherwise respond. You, and only you, can contact the court to address your bench warrant, and you, and only you, can schedule a court date.

As per my commitment to you, Weber will appear in concert with you at your court date and acknowledge our responsibility for the equipment that you were driving at the time the equipment repair citation was issued. That is our ethical obligation, and we are certainly not attempting to avoid it.

As for Citation# 91324BO, trial date for the cited misdemeanor violations was this morning at 0930 at California Superior Court, Fairfield, CA. Both violations were dismissed, which is fortunate for you, because your failure to properly placard, block, and brace the H/M load in question was your responsibility as a CDL driver. The fact that a DMV 279 form may have been produced by you to have Weber named in the citation was a benefit to you. As you may know, a carrier has no obligation to provide this form to its own drivers, and almost no carrier provide one to a temporary labor employee or contractor.

In fact, your claim that "Nicolas Weber" or any other Weber family member was on the 279 form used is clearly incorrect, as I have personally generated the annual 279 for Weber Distribution since 2000, and my name and DL is the only one that has been put on it during this period. By the way, my transportation management background began in 1983 -- about the time that I read my first set of DOT regulations.

Mr. Surran, you should recognize that your actions were those that created your bench warrant. Timely action by you to comply with the law, by appearing before the court, or responding to the December Courtesy Notice -- on a citation to whom only you were named -- would have remedied the issue.

Weber has graciously offered to appear in court, pay reasonable fines on your behalf, and otherwise behave in an honorable manner. Frankly, we don't have to. Law enforcement cited you, and the likelihood that any court would find that Weber was responsible for more than curing the fix-it ticket is remote at best.

You have the opportunity to do your part in a cooperative manner to put this to rest. Appear before the court; be honest about the circumstances, and schedule the court date. Pay the bail. Email me the schedule. Weber will appear beside you and put the matter to rest.

Bob Lilja

Bob Lilja | VP, Transportation and Distribution

Weber Distribution | The West Coast Logistics Leader | est. 1924
P: 562-356-6333| C: 562-833-1034 | www.weberdistribution.com

Surran v Weber Distribution

Avast Ye' Afor' We Must Engage

From:
William F. Surran
331-A Pennsylvania Avenue
Santa Cruz, CA 95062
(831) 566-9352


Re: William F. Surran Warrant for Arrest and Citations

To:
Nick Weber, Bill Butler, John Nutt, Bob Lilja, and Gordy Riemer
Weber Distribution Warehouses, Inc.
13530 Rosecrans Ave.
Santa Fe Springs, CA 90670
CA Tel. 562-802-8802
Toll Free 877-624-2700
Fax 562-802-2762

Dear Sirs,

I respectfully request all my personnel information Weber Distribution is required by law to retain and make available, including but not limited to:

• employment application
• background checks
• credit history checks
• criminal history checks
• all unknown investigative checks
  
• ten year employment history verification
• records of work
• driver's log book
• daily vehicle inspection reports
• vehicle mechanical defect citations
• hazardous material placarding citations
• hazardous material cargo securement citations
• bills of lading for cargo transported in vehicles while cited for violations
• all personnel memos
• all notes
• all comments

Additionally, I respectful request--the second time-- I be informed immediately of the time and place of the disposition of the hazardous material citations of which I am an involved party, perhaps a defendant. My presence at such proceedings is vital to maintaining the integrity of of my career and good name. Willfully withholding this information may be a criminal offense denying my rights to a fair and speedy trial. I am confident, regardless of the negative and unproductive discussions I endured from both young masters Liljay an Riemer, Weber Distribution will legally respond to my requests and make further actions on my part unnecessary. It would seem a speedy response would be in Weber Distribution's best interests, and not escalate simple citations and fix-it tickets into a civil lawsuit--win or lose, an expensive alternative to an inexpensive and amiable solution. One may find solutions in mutual respect and admiration for one another.

Below are a few compelling reasons one might choose to comply with my request.

Yours in service,
William F. Surran

---

CALIFORNIA LABOR CODE
SECTION 1198-1199

1198.5.  (a) Every employee has the right to inspect the personnel
records that the employer maintains relating to the employee's
performance or to any grievance concerning the employee.
(b) The employer shall make the contents of those personnel
records available to the employee at reasonable intervals and at
reasonable times.  Except as provided in paragraph (3) of subdivision
(c), the employer shall not be required to make those personnel
records available at a time when the employee is actually required to
render service to the employer.
(c) The employer shall do one of the following:
(1) Keep a copy of each employee's personnel records at the place
where the employee reports to work.
(2) Make the employee's personnel records available at the place
where the employee reports to work within a reasonable period of time
following an employee's request.
(3) Permit the employee to inspect the personnel records at the
location where the employer stores the personnel records, with no
loss of compensation to the employee.
(d) The requirements of this section shall not apply to:
(1) Records relating to the investigation of a possible criminal
offense.
(2) Letters of reference.
(3) Ratings, reports, or records that were:
(A) Obtained prior to the employee's employment.
(B) Prepared by identifiable examination committee members.
(C) Obtained in connection with a promotional examination.
(4) Employees who are subject to the Public Safety Officers
Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)
of Division 4 of Title 1 of the Government Code.
(5) Employees of agencies subject to the Information Practices Act
of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of
Division 3 of the Civil Code).
(e) The Labor Commissioner may adopt regulations that determine
the reasonable times and reasonable intervals for the inspection of
records maintained by an employer that is not a public agency.
(f) If a public agency has established an independent employee
relations board or commission, an employee shall first seek relief
regarding any matter or dispute relating to this section from that
board or commission before pursuing any available judicial remedy.
(g) In enacting this section, it is the intent of the Legislature
to establish minimum standards for the inspection of personnel
records by employees.  Nothing in this section shall be construed to
prevent the establishment of additional rules for the inspection of
personnel records that are established as the result of agreements
between an employer and a recognized employee organization.

1199.  Every employer or other person acting either individually or
as an officer, agent, or employee of another person is guilty of a
misdemeanor and is punishable by a fine of not less than one hundred
dollars ($100) or by imprisonment for not less than 30 days, or by
both, who does any of the following:
(a) Requires or causes any employee to work for longer hours than
those fixed, or under conditions of labor prohibited by an order of
the commission.
(b) Pays or causes to be paid to any employee a wage less than the
minimum fixed by an order of the commission.
(c) Violates or refuses or neglects to comply with any provision
of this chapter or any order or ruling of the commission.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing
Office via GPO Access [CITE: 49CFR396.11]

TITLE 49--TRANSPORTATION CHAPTER
III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION PART 396_INSPECTION, REPAIR, AND MAINTENANCE

--Table of Contents Sec. 396.11 Driver vehicle inspection report(s).

 (a) Report required. Every motor carrier shall require its
drivers to report, and every driver shall prepare a report
in writing at the completion of each day's work on each vehicle
operated and the report shall cover at least the following parts
and accessories: --Service brakes including trailer brake connections
--Parking (hand) brake
--Steering mechanism
--Lighting devices and reflectors
--Tires
--Horn
--Windshield wipers
--Rear vision mirrors
--Coupling devices
--Wheels and rims
--Emergency equipment

 (b) Report content. The report shall
identify the vehicle and list any defect or deficiency discovered by
or reported to the driver which would affect the safety of operation
of the vehicle or result in its mechanical breakdown. If no defect or
deficiency is discovered by or reported to the driver, the report
shall so indicate. In all instances, the driver shall sign the
report. On two-driver operations, only one driver needs to sign the
driver vehicle inspection report, provided both drivers agree as to
the defects or deficiencies identified. If a driver operates more
than one vehicle during the day, a report shall be prepared for each
vehicle operated.

 (c) Corrective action. Prior to
requiring or permitting a driver to operate a vehicle, every motor
carrier or its agent shall repair any defect or deficiency listed on
the driver vehicle inspection report which would be likely to affect
the safety of operation of the vehicle.

 (1) Every motor carrier or its agent
shall certify on the original driver vehicle inspection report which
lists any defect or deficiency that the defect or deficiency has been
repaired or that repair is unnecessary before the vehicle is operated
again.

 (2) Every motor carrier shall maintain
the original driver vehicle inspection report, the certification of
repairs, and the certification of the driver's review for three
months from the date the written report was prepared.

 (d) Exceptions. The rules in this
section shall not apply to a private motor carrier of passengers
(nonbusiness), a driveaway-towaway operation, or any motor carrier
operating only one commercial motor vehicle.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR396.9]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 396_INSPECTION, REPAIR, AND MAINTENANCE--Table of Contents
Sec.  396.9  Inspection of motor vehicles in operation.

(a) Personnel authorized to perform inspections. Every special agent
of the FMCSA (as defined in appendix B to this subchapter) is authorized
to enter upon and perform inspections of motor carrier's vehicles in
operation.
(b) Prescribed inspection report. The Driver Vehicle Examination
Report shall be used to record results of motor vehicle inspections
conducted by authorized FMCSA personnel.
(c) Motor vehicles declared ``out of service.'' (1) Authorized
personnel shall declare and mark ``out of service'' any motor vehicle
which by reason of its mechanical condition or loading would likely
cause an accident or a breakdown. An ``Out of Service Vehicle'' sticker
shall be used to mark vehicles ``out of service.''
(2) No motor carrier shall require or permit any person to operate
nor shall any person operate any motor vehicle declared and marked ``out
of service'' until all repairs required by the ``out of service notice''
have been satisfactorily completed. The term ``operate'' as used in this
section shall include towing the vehicle, except that vehicles marked
``out of service'' may be towed away by means of a vehicle using a crane
or hoist. A vehicle combination consisting of an emergency towing
vehicle and an ``out of service'' vehicle shall not be operated unless
such combination meets the performance requirements of this subchapter
except for those conditions noted on the Driver Equipment Compliance
Check.
(3) No person shall remove the ``Out of Service Vehicle'' sticker
from any motor vehicle prior to completion of all repairs required by
the ``out of service notice''.
(d) Motor carrier disposition. (1) The driver of any motor vehicle
receiving an inspection report shall deliver it to the motor carrier
operating the vehicle upon his/her arrival at the next terminal or
facility of the motor carrier operating the vehicle within 24 hours, the
driver shall immediately mail the report to the motor carrier.
(2) Motor carriers shall examine the report. Violations or defects
noted thereon shall be corrected.
(3) Within 15 days following the date of the inspection, the motor
carrier shall--
(i) Certify that all violations noted have been corrected by
completing the ``Signature of Carrier Official, Title, and Date Signed''
portions of the form; and
(ii) Return the completed roadside inspection form to the issuing
agency at the address indicated on the form and retain a copy at the
motor carrier's principal place of business or where the vehicle is
housed for 12 months from the date of the inspection.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR396.3]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 396_INSPECTION, REPAIR, AND MAINTENANCE--Table of Contents
Sec.  396.3  Inspection, repair, and maintenance.

    (a) General. Every motor carrier shall systematically inspect,
repair, and maintain, or cause to be systematically inspected, repaired,
and maintained, all motor vehicles subject to its control.
(1) Parts and accessories shall be in safe and proper operating
condition at all times. These include those specified in part 393 of
this subchapter and any additional parts and accessories which may
affect safety of operation, including but not limited to, frame and
frame assemblies, suspension systems, axles and attaching parts, wheels
and rims, and steering systems.
(2) Pushout windows, emergency doors, and emergency door marking
lights in buses shall be inspected at least every 90 days.
(b) Required records--For vehicles controlled for 30 consecutive
days or more, except for a private motor carrier of passengers
(nonbusiness), the motor carriers shall maintain, or cause to be
maintained, the following record for each vehicle:
(1) An identification of the vehicle including company number,
if so marked, make, serial number, year, and tire size.
In addition, if the motor vehicle is not owned by the motor carrier, the record shall
identify the name of the person furnishing the vehicle;
(2) A means to indicate the nature and due date of the various
inspection and maintenance operations to be performed;
(3) A record of inspection, repairs, and maintenance indicating
their date and nature; and
(4) A record of tests conducted on pushout windows, emergency doors,
and emergency door marking lights on buses.
(c) Record retention. The records required by this section shall be
retained where the vehicle is either housed or maintained for a period
of 1 year and for 6 months after the motor vehicle leaves the motor
carrier's control.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR379.13]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 379_PRESERVATION OF RECORDS--Table of Contents
Sec.  379.13  Disposition and retention of records.

The schedule in appendix A to this part shows periods that
designated records shall be preserved. The descriptions specified under
the various general headings are for convenient reference and
identification, and are intended to apply to the items named regardless
of what the records are called in individual companies and regardless of
the record media. The retention periods represent the prescribed number
of years from the date of the document and not calendar years. Records
not listed in appendix A to this part shall be retained as determined by
the management of each company.

Appendix A to Part 379--Schedule of Records and Periods of Retention
------------------------------------------------------------------------

Item and category of records               Retention period

-------------------------------------------------------------------------
2. Supporting data for 3 years.
periodical reports of
accidents, inspections,
tests, hours of service,
repairs, etc..

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR379.7]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 379_PRESERVATION OF RECORDS--Table of Contents
Sec.  379.7  Preservation of records.

(a) All records may be preserved by any technology that is immune to
alteration, modification, or erasure of the underlying data and will
enable production of an accurate and unaltered paper copy.
(b) Records not originally preserved on hard copy shall be
accompanied by a statement executed by a person having personal
knowledge of the facts indicating the type of data included within the
records. One comprehensive statement may be executed in lieu of
individual statements for multiple records if the type of data included
in the multiple records is common to all such records. The records shall
be indexed and retained in such a manner as will render them readily
accessible. The company shall have facilities available to locate,
identify and produce legible paper copies of the records.
(c) Any significant characteristic, feature or other attribute that
a particular medium will not preserve shall be clearly indicated at the
beginning of the applicable records as appropriate.
(d) The printed side of forms, such as instructions, need not be
preserved for each record as long as the printed matter is common to all
such forms and an identified specimen of the form is maintained on the
medium for reference.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR379.5]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 379_PRESERVATION OF RECORDS--Table of Contents
Sec.  379.5  Protection and storage of records.

(a) The company shall protect records subject to this part from
fires, floods, and other hazards, and safeguard the records from
unnecessary exposure to deterioration from excessive humidity, dryness,
or lack of ventilation.

(b) The company shall notify the Secretary if prescribed records are
substantially destroyed or damaged before the term of the prescribed
retention periods.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR379.3]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 379_PRESERVATION OF RECORDS--Table of Contents

Sec.  379.3  Records required to be retained.

Companies subject to this part shall retain records for the minimum
retention periods provided in appendix A to this part. After the
required retention periods, the records may be destroyed at the
discretion of each company's management. It shall be the obligation of
the subject company to maintain records that adequately support
financial and operational data required by the Secretary. The company
may request a ruling from the Secretary on the retention of any record.
The provisions of this part shall not be construed as excusing
compliance with the lawful requirements of any other governmental body
prescribing longer retention periods for any category of records.

---

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2006]
>From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR397.2]

TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents
                     
Subpart A_General

Sec.  397.2  Compliance with Federal motor carrier safety regulations.

 A motor carrier or other person to whom this part is applicable must
comply with the rules in parts 390 through 397, inclusive, of this
subchapter when he/she is transporting hazardous materials by a motor
vehicle which must be marked or placarded in accordance with Sec.
177.823 of this title.

---

---

Surran v Weber Distribution

A Shot Across The Bow

To: Weber Distribution

To Whom It May Concern,

I, William F. Surran, request any and all information regarding the upcoming court appearance date for a hearing on the hazardous materials citations I received while operating a Weber Distribution Commercial Motor Vehicle. I further request the immediate response to this inquiry so that I might prepare for the hearing in a reasonable and timely manner. Thank you for your understanding.

I feel that if, as Weber Distribution employees imply, I am a co-defendant in this matter my right to attend the hearing is undeniable. One would also believe withholding of the facts and schedules would also be a violation of a co-defendants rights, and the deliberate withholding of such facts and schedules might violate laws of the State of California.

Telephone me anytime, day or night, at (831)566-[removed]. My cellphone is always on.
Email me at: [removed]
Mail hard copy to:

William F. Surran
[removed]
Santa Cruz, CA 95062

Thank you for your speedy reply and respect for my requests.

Yours in service,
William F. Surran

Surran v Weber Distribution

Facing The Enemy

Dear [removed],
To the best of my recollection, these are the notes requested of a conversation between myself and Bob Lilja, VP Weber Distribution. These notes were prepared after the fact, at of the end of our conversation and include my thoughts while the conversation occurred.

Telephone call Details from Verizon Wireless:
[No Name]
714-522-2166
March 29, 2007 4:23 pm
8m 26s


Ps. At this point in my day I telephoned you to discuss the matter. Thinking more on the subject, perhaps it was another Weber Family member on the Form 279. I only know when giving the citation to Mikhail and asking who the person was, Mik replied the man was the head of the company. Additionally, the reason the trailer applied air leak did not require immediate on site repair was it was tiny, just a whisper of a leak from the relay valve found between the 4th and 5th axles (the rearmost trailer axles).

Yours in service,
William F. Surran

Summary:

Mr. Bob Lilja introduced himself as an agent/employee of Weber Distribution. We exchanged pleasantries. Mr. Lilja said was familiar with the arrest warrant situation and was in possession of the citation documents and arrest warrant. He indicated that that Weber Distribution could not take care of the matter since my name, meaning William F. Surran, was on both the document and bench warrant. I said I understood what he meant. He stated the trailer in question was gone, Weber Distribution possessed no documentation that the repairs were made either by Ryder or Weber, and none of the facts mattered since they felt no responsibility or accountability in the situation. I mentioned Mikail Henning, former Operations Manager for Weber Distribution having had the repair documentation and fine payment check on his desk in San Leandro, and Mr. Lilja emphatically interrupted my thoughts, interjecting that Mr. Henning was no longer employed by the company, and that Mr. Lilja had no personal knowledge of what occurred in San Leandro with the personnel employed there. Again that there was no record of repairs of payment of fines.

Mr. Lilja indicated it would be best if I contacted the court clerks office to schedule a hearing, or take care of the matter somehow on my own. I felt this was a strange remark since Mr. Lilja seemed to be orchestrating my actions after just informing me that he and Weber Distribution were not going to be responsible nor accountable for the mechanical citation, its correction, and legal disposition of the matter. He did state that Weber Distribution would commit a reasonable dollar amount reimbursing me for any incurred fines.

I began to ask for all the information regarding this matter and the second matter scheduled for a hearing next week be supplied to me, but Mr. Lilja interrupted my request, restating the company position on the first matter. He seemed not to be able to understand why the trailer was allowed to proceed from the California Highway Patrol Morgan Hill Inspection Facility without having repairs made to the applied airline system and without either calling Ryder or a company mechanic on scene. Mr. Gordy Reimer, of Weber Distribution also expressed similar doubt surrounding the facts of the matter in an eailier conversation today.

I patiently waited until Mr. Lilja completed his thought, gently let him know I had a request and hoped would be allowed to make the request. He congenially agreed and let me proceed. I requested all the relevant documentation Weber Distribution possesses not only in the applied air loss issue, but also the hazardous materials citations be supplied to me. The second matter is scheduled for a hearing next week in Alameda County, I believe, and I am a defendant in the matter.

Mr. Lilja restated the company possessed no documentation in the first matter, and then remarked about the second issue. He seemed it incredulous that Mr. Nick Weber's name was on the citation, and asked if I were responsible for having put it there. I stated I do not tell California Highway Patrol Officers what to do, and that the officer had taken the name from the CHP Form 297, Request for Owner's Responsibility, which I had in my possession at the time. I recall giving the officer two Forms 279, one outdated and one current. The CHP Officer choose the current Form 279 to compile the citation data, which had the information typed into the form fields using all caps. It was part of all the paperwork contained in the truck's documentation folder, including permits, vehicle registrations, and past inspections.

I asked only that all the documentation and information concerning the matters be forward to me. Mr. Lilja agreed to do so and stated that as a co-defendant in the matter I should have already received the information. I said I had not, and was assured again that I would get in time to attend the proceedings. I am unsure how Mr. Lilja intends to accomplish this task since he did not ask for any contact information, such as my mailing address.

At this point, since I felt Weber Distribution agents and employees had failed to to perform their duties and fulfill their responsibilities not only professionally, but also morally, I told Mr. Lilja I felt slighted and berated by Mr. Riemer. Mr. Lilja stated Mr. Riemer was his employee. I said I suspected it was so, and went on to explain the treatment I suffered. Several times Mr. Lilja interjected he would hear me out on the matter, but would not comment. Unusual that one choose to interrupt me to tell me that I would be heard out. I felt my concerns were repeatedly dismissed and yet again suffered ill feelings from Weber employees. I did my best to present my feelings in a calm and respectful manner. Not an easy task considering the arrogance I encounter.

We agreed to keep each other informed on the progress of the matters, Mr. Lilja restating and emphasizing that Weber Distribution would consider committing only a reasonable amount of dollars toward fines reimbursement. I thanked him. He thanked me and the conversation ended.

I declare under penalty of perjury under the laws of the State of California that the statements above are true and correct.

Signed on Thursday, March 29, 2007
in the City of Santa Cruz, California

Signature: [see: original document in the possession of William F. Surran]

Print Full Name: William F. Surran

End of Summary.

Mail Call

I grabbed the mail this afternoon and surprise! A letter from the Superior Court, County of Santa Clara, California. I thought I had won the lottery. I had not. It is a warrant for my arrest. Wow! I did not know they cared.

Some of you snagged-toothed, old silverbacks know where this is going. No. Not where I am going (on an extended vacation in old Mexico), but rather where this story is going. Yes, I received a mechanical citation way back on August 09, 2006. The company to which I was assigned, Weber Distribution, failed to document the corrected equipment violation and submit the completed documentation to the California Highway Patrol in a timely manner.

Weber Distribution, whose registered slogan is, "The Strongest Link®," provides CHP Form 297, Request for Owner's Responsibility to all its drivers. The form is valid instate and allows owners to assume responsibility for their equipment. One merely check marks (chooses) accountability for mechanical, brakes, weight, and so forth. One may download it and many other forms online at the CHP Forms Page. Unfortunately, Weber is not so good at the follow through. The forms are only as reliable as the people who bear the responsibility of properly processing the relevant and associated paperwork. Seems someone in the Weber Distribution chain is a weak link. I only know who assured me that the matter was resolved after I received a courtesy notice from the courts. Silly me, trusting him.

Since I am a trusting soul, working hard at improving myself, I telephoned the Chairman and CEO of Weber Distribution, Nick Weber. You see, on another day a few months back I received two citations driving a Weber vehicle and the citing officer, a nice guy with a stellar sense of humor similar to my own, wrote the tickets to the big guy. Nick's name was on the Form 279. So you see, if they dropped the ball in my case, it is possible there is a warrant also out for Nick Weber. Cool! Cellmaties.

This afternoon I phoned (877) 624-2700, asked for the Chairman's voice mail, left a pleasant message, and faxed over a copy of the arrest warrant for his perusal to (562) 802-8802. Feel free to call and fax Nick, too. He seems like a friendly guy. Thank you for your support. Maybe the power of the internet, the power of drivers united, can change just this one small slight to our image. You see, the record of this warrant will stick to my record for years.

Oh, ...send smokes and cookies c/o Santa Clara County Jail. I don't smoke, but I'll try most anything and hear they're worth a fortune inside. It will be nice to have Nick's company.

Sittin' in the mornin' sun
I'll be sittin' when the evenin' comes
Watchin' the ships roll in
Then I watch 'em roll away again
I'm sittin' on the dock of the bay
Watchin' the tide, roll away
Sittin' on the dock of the bay
Wastin' time

Left my home in Georgia
Headed for the Frisco Bay
I had nothin' to live for
Looks like nothin's gonna come my way
I'm just sittin' on the dock of the bay
Watchin' the tide roll away
Sittin' on the dock of the bay, wastin' time

Looks like nothin's gonna change
Everything, everything remains the same
I can't do what ten people tell me to do
So I guess I'll just remain the same

I'm sittin' here restin' my bones
Two thousand miles, I roam
Just to make this dock my home
I'm just gonna sit, on the dock of the bay
Watchin' the tide roll away
Sittin' on the dock of the bay
Wastin' time

Otis Redding - The Dock Of The Bay

Workplace Dangers

From MLR: The Editor's Desk
Originally Published March 29, 2001

Truck drivers have the most lost-time injuries

In 1999, truck drivers had more workplace injuries and illnesses involving time away from work than any other occupation.

[Chart data—TXT]

Truck drivers experienced 141,100 work-related injuries and illnesses that required recuperation away from work beyond the day of the incident. Each year since 1993, truck drivers have had the highest number of such injuries and illnesses of any occupation.

Nonconstruction laborers suffered the second highest number of occupational injuries and illnesses involving time away from work at 89,100, followed by nursing aides and orderlies at 75,700.

These data are a product of the BLS Safety and Health Statistics program. Additional information is available from "Lost-Worktime Injuries and Illnesses: Characteristics and Resulting Time Away From Work, 1999", news release USDL 01-71.