Cruise Control in a Construction Zone

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Turtle

Administrator
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Retired Expediter
Because this is an important safety issue, and the thread in which this discussion was present has been locked by someone who wishes to remain anonymous, I continue the thought here.

In Kansas, State v. Baker, the ruling opinion states:

"Unexpected brake failure and unexpected malfunction of the throttle on an automobile, both being essential components to the operation of the vehicle, differ significantly from the malfunction of a cruise control device to which the driver has voluntarily delegated partial control of that automobile. It must be said that defendant assumed the full operation of his motor vehicle and when he did so and activated the cruise control attached to that automobile, he clearly was the agent in causing the act of speeding. The safety and welfare of the public, particularly in high risk areas such as those with heavy traffic, construction zones, target enforcement areas where accidents are more common, etc., require that the motorist operate his vehicle in accordance with state law and other rules of the road, and such obligations may not be avoided by delegating a task which he normally would perform to a mechanical or electronic control device such as a cruise control."

"Defendant contends that because of the malfunction of his cruise control he was not then the "driver" of the vehicle in the technical sense because he was not then in "actual physical control" of his vehicle. We consider this argument to be entirely without merit, as the failure of a component of the vehicle which then causes the cruise control to malfunction does not mitigate or absolve the driver in any way, as the driver was the one who relinquished control of the vehicle to an electronic control device."



Turtle,
You sir talk out both sides of your tortoise shell my friend! Refer back to your post here on 5/8/10 @ 11:27 hrs and I quote:
No, you don't quote. You chop off a sentence or two and take it out of context expressly to make me look like I said something I didn't say. If you're incapable of actually quoting something in context, then don't do it.

Which side of this fence do you truely stand on? Reread your post.
I don't need to reread my post. I posted it, and I know what I said. So do you. But since you don't agree with it, and it makes you look somewhat less than intelligent, you choose to selectively edit my comments and then try to turn them back on me. That's not exactly the best way to win friends and influence people, much less garner respect and validity for your comments.

Being the computer geek you claim to be, you would know that when it comes to computer controlled diesel engines 99.9% of the malfunctions are mechanical, not software (ECMs).
Being a computer geek, I know that the 99.9% figure is absolutely false.

A great example is my thread regarding the recent malfunction of our cruise control due to a faulty speed sensor. Not the computer (ECM).
Actually, that's a particularly bad example. Speed sensors, while physical, are in fact electronic sensors and not mechanical sensors. If an ECM takes the data from a speed sensor and fails to compare and reconcile that data with a couple of dozen other data inputs with respect to the speed of the vehicle (known in Geekland as high computational control law with high computational requirements and redundancy issues), then it's a significant software issue that the programmers failed on. When a speed sensor's data isn't compared to the speedometer, RPMs, MAP, MAF, engine load, transmission speed and gear, and injector sensors, then what you have is a computer that is making decisions based on severely limited information. The failure of any one data input should not allow the vehicle to go faster, it should cause the vehicle to go slower, or to stop completely until faulty sensors can be replaced and all the data inputs can be reconciled. I have a computer controlled diesel engine that when a sensor failure causes data points to be irreconcilable, the ECM puts the engine into "limp home mode" which dramatically reduces the power output and maximum speed, so as to not allow the engine to be damaged or run out of control.

Once corrected the cruise can be and has been safe to operate. But it sounds based on what you say, it would be stupid to ever trust it again.
It wouldn't be stupid to ever trust it again. But it would be astonishingly stupid to ever trust it in a construction zone, especially for someone who has already once experienced precisely the kinds of problems that trusting it can cause. I still can hardly fathom that anyone who has experienced a runaway situation with the cruise control could even try and make a case for its use in a construction zone. You're taking real actual experience and knowledge, and then dismissing it utterly in favor of real actual abject stupidity.

So when my steer tire unexpectedly blows shall I never trust that brand tire again? And so on and so forth.
I dunno. We're not really talking about tires now, are we? In any event, what if it blows expectedly?

Who uses a cruise control at 50 mph?
Lots of people. If I'm going to cruise at 50 MPH, I'll use it at 50MPH. There are lots of rural highways that are 55MPH, but at night I'm more apt to cruise those at or near 50 MPH to reduce the risk of hitting an opossum or a skunk.

Typically cruise is meant to be used at speeds 55 mph and above. Read the instructions.
Actually, cruise is typically used at speeds of 55 MPH and above, but that's not what the cruise is typically meant for. It is typically meant for whatever speeds at which the cruise control will engage, which for most North American vehicles is 35 MPH, and for European vehicles it is generally 25 MPH, but it will vary by vehicle type and manufacturer. Not sure what the minimum cruise control speed is on big trucks, tho.

Thats what I was doing in the construction zone, 55 mph. When a construction zone is miles long (10-20 or more) and traffic is thin and moving steadily as was the case that day. Plus there are long stretches where no workers are present, prove to me that it is "unsafe" and "stupid" to use your cruise control.
I think I've already done that. Hеll, you've proved it to yourself, but for some reason can't seem to see it. You asked me to give you "facts and valid reasons" for why it is unsafe and stupid to use a cruise control in a construction zone. I did that. You don't agree with my facts and valid reasons, nor with your own experiences, so now facts and valid reasons aren't good enough, you want actual proof. Are you kidding me? If you want to use your cruise control in a construction zone, fine, use it, but don't recommend its use to others, or think you're smart and safe for doing so, because using it in a construction zone is both unsafe and stupid.
 

Brisco

Expert Expediter
Because this is an important safety issue, and the thread in which this discussion was present has been locked by someone who wishes to remain anonymous, I continue the thought here.

In Kansas, State v. Baker, the ruling opinion states:

"Unexpected brake failure and unexpected malfunction of the throttle on an automobile, both being essential components to the operation of the vehicle, differ significantly from the malfunction of a cruise control device to which the driver has voluntarily delegated partial control of that automobile. It must be said that defendant assumed the full operation of his motor vehicle and when he did so and activated the cruise control attached to that automobile, he clearly was the agent in causing the act of speeding. The safety and welfare of the public, particularly in high risk areas such as those with heavy traffic, construction zones, target enforcement areas where accidents are more common, etc., require that the motorist operate his vehicle in accordance with state law and other rules of the road, and such obligations may not be avoided by delegating a task which he normally would perform to a mechanical or electronic control device such as a cruise control."

"Defendant contends that because of the malfunction of his cruise control he was not then the "driver" of the vehicle in the technical sense because he was not then in "actual physical control" of his vehicle. We consider this argument to be entirely without merit, as the failure of a component of the vehicle which then causes the cruise control to malfunction does not mitigate or absolve the driver in any way, as the driver was the one who relinquished control of the vehicle to an electronic control device."

Managed to get another thread locked, didn't ya. It just astonishes, or should I say saddens me that the same little group of members are involved in most of "Locking of Threads" here on this board. But yet the ones they "Target" are the ones that receive the "Time-Outs" given out by Admin.

Just cannot believe you brought up a case from 1977 to try and bolster the defense of an argument you instigated yourself. This case was an "Appeals" case, so the ticket was probably issued in 1975-76. At least 34-35 years ago.

Anyone want to read the whole court ruling? Here is quick link to it:

State v. Baker

Read through it. Clearly shows this "Baker" was caught running 77 MPH in a 55 MPH Construction Zone. His defense was that his Cruise Control had malfunctioned:

1. Defendant's cruise control stuck in the "accelerate" position causing the car to accelerate beyond the posted speed limit.

2. The defendant attempted to deactivate the cruise control by hitting the off button and the coast button and tapping the brakes.

3. These actions were not immediately successful in deactivating the cruise control.

4. Subsequent to the date of this incident, the defendant had the defective cruise control repaired.

But then the Prosecutor fought back with this:

Furthermore, as suggested by the state, it appears that defendant was able to bring his vehicle under control and to a stop when directed to do so by the police.

And that is why Baker lost his appeal, IMO.

Hell, wasn't the legal speed limit 55 MPH all over the country in '75-'76-'77 anyways??

There's a lot more legal mumbo jumbo written pertaining to this case, but I think it's pretty well covered in a nutshell above.

Also, I have searched and searched if it is illegal to use your Cruise Control in construction zones. Cannot find any reference within any state. Maybe I'm using the wrong key words, doubt it though. If anyone can point to reference point, I'm sure many here would appreciate it.

Best I found was this quote here:

There are several instances when cruise control should not be utilized. Inclement weather conditions, such as snow and driving rain, are situations in which a driver must be prepared to respond immediately. Precious seconds that are required to deactivate cruise control and begin adjusting the speed of the car can be the difference between avoiding an accident or being seriously injured. Also, using cruise control on roads that are characterized by terrain that rises and falls may lead to a drop in fuel efficiency. Along with these conditions on the open road, it is unwise to use cruise control in populated areas, such as cities or towns. In fact, many jurisdictions have established laws that make it illegal to engage a cruise control feature within the city limits.

But nowhere does this say it is "Illegal" to use cruise control in construction zones.

As far being "Unsafe"?? My opinion, that truly depends on the driver, period. I myself have used my cruise control in construction zones all over this country. I have used my CC in CZ's with no trailer on my truck, and with a 36ft/15K trailer on my truck. Never had a problem or an incident. Try running through a CZ on an Oklahoma Turnpike where they give tickets out for doing 46 MPH in a 45 MPH CZ. You learn to set your cruise at 42-43 MPH just to be safe.

So, to continue an argument by starting a new thread is, IMO, childish. Sorry to have refuted your 35 year old case, but it had to be done.
 

Turtle

Administrator
Staff member
Retired Expediter
Managed to get another thread locked, didn't ya.
Actually, no, it wasn't me that got it locked. The last couple of posts in that thread is what got it locked. Doesn't surprise me that you'd want to try and make it out to be my fault, tho. You're a class act.

Just cannot believe you brought up a case from 1977 to try and bolster the defense of an argument you instigated yourself. This case was an "Appeals" case, so the ticket was probably issued in 1975-76. At least 34-35 years ago.
Three years ago, thirty five years ago, doesn't matter. I stated that the use of the cruise control in a construction zone is unsafe and stupid, and Streakin' took exception, asking me to provide facts and valid reasons for my statement. I'm not sure how that correlates to me instigating an argument, tho. Regardless, the case illustrates perfectly not only the solicited reasons why I think the use of a cruise control in a construction zone is unsafe and stupid, it actually confirms Streakin's own experiences with the problem. The fact that the cruise control malfunctioned in the Baker case is the issue here, and that the safety and welfare of the public was specifically mentioned in the ruling opinion, not the disposition of the case itself.

But nowhere does this say it is "Illegal" to use cruise control in construction zones.
I never said it was illegal, I said it was unsafe and stupid, and the Baker case is just one more illustration as to why that is. It is a precedent setting case that is often referenced when people try to weasel out of speeding tickets when presenting a judge with a cruise control repair receipt. I once sat in State Court awaiting my name to be called, when a similar case was brought before the court. The judge asked the man how he plead to the charge of speeding, and the man replied, "Well, I'm not guilty, but my car might be," and he presented the court with a repair invoice for his cruise control. The prosecutor simply stated, "State of Kansas versus Baker, your honor." The man lost his case and was ordered to pay the fine.

But whether you can get out of a speeding ticket or not due to a malfunctioning cruise control is irrelevant as to whether the use of a cruise control is smart of safe in a construction zone or some other high risk situation. I merely cite the case because it is arguably the most famous case dealing with a malfunctioning cruise control, and do so to illustrate that cruise controls can, and do, malfunction.

As far being "Unsafe"?? My opinion, that truly depends on the driver, period. I myself have used my cruise control in construction zones all over this country.
I don't care. I really don't. I've never had a cruise control malfunction, ever. Just the same, I wouldn't recommend its use in a construction zone.

So, to continue an argument by starting a new thread is, IMO, childish.
I agree. So is locking a thread just because the one who locks it is no longer interested in what's being said, but it happens nonetheless. It's also childish to hijack the subject of a thread to make it into something other than the issue being discussed.

Sorry to have refuted your 35 year old case, but it had to be done.
You didn't refute anything. You simply expounded on the case and brought up irrelevant points outside the scope of the subject of the thread.
 

charlee

Seasoned Expediter
Turtle,


I would daresay you have single handedly chased more people away from EO than anyone. It surprises me that the people that have an issue with ATeam do not have an issue with you.

Why must you spout so much rhetoric and garbage in an intense effort to prove you are right?

You are only right in your opinion and you know what they say about those.


While you may be a bit of a self taught GEEK...you have enough bs spouting to make some of us laugh and just share our thoughts about your knowledge in pm's.

YOU really are more of a message board bully.....we picture you huddled over your pc searching google and dogpile for keywords to bolster your many times flawed arguments. The peole who could really chew you up and spit you out do not think that you are worth the effort.

And before you come back with some nonsense about me responding to your post etc.....I have simply because MAYBE you will stop and sit back and think about WHY you need to be right so bad and change someone elses opinion that you never know when to stop.

A little bit of your opinion will go a lot furthur than your overwrought expositions do.
 
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Turtle

Administrator
Staff member
Retired Expediter
The above message screams Private Message from one person to another, yet it comes out of left field to be posted here in a public forum, in the form of a personal attack. If your intentions were truly to get me to change my behavior and to present my thoughts in a manner that meets with your approval, then a personal PM appeal would be the way to do it, but that's clearly not your intentions with a post like this. I disagreed with something you posted like 2 years ago. Let it go. Get over it. Move on. Sheesh. Granted, I realize that I have a position on another "agenda" that you disagree with, but that's not gonna change no matter how badly you want it to. Blindsiding me with posts like this isn't likely to get me to change my mind on the subject, much less shut me up in general.
 
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OntarioVanMan

Retired Expediter
Owner/Operator
I for one also think it is unsafe MOST of the time to use cruise in a CZ....that split second is crucial...I like to be in control should anything unforeseen arise...potholes, sewer grates, narrow lanes, the tilting of lanes of irregular nature especially crossovers, sometimes standing water from poor drainage especially...

If cruise is on you are not in total control of vehicle.
the tapping of the brake pedal is just excessive wear on brakes for no good reason and a signal that you maybe slowing down causing one behind you to make a move they should not have to make....and that precious lost second to get your hand up to knock it off is the difference.
 

charlee

Seasoned Expediter
For the life of me I cannot remember anything that you may have said/wrote that has anything to do with you disagreeing with me. Lots of people disagree with me...so be it.


My post appears to be out of left field simply because I like many others have stopped posting here because it seems to not so much be an information board anymore, but rather a typical internet message board with typical bullies.

Can you not believe for just one minute that people eventually get to the point where they have to say something regarding your behavior?

Instead of looking for an excuse look in a mirror and maybe see if there is any truth to it.

That being said I will retreat back to my lurker status and just answer pm's
 
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ebsprintin

Veteran Expediter
I didn't join in on the other thread, because that wasn't my topic or my argument, but I did want to make a comment on the cruise control aspect. So thank you turtle for the opportunity.

It's along the same lines as OVM mentions. In truck driving school I was taught that the cruise control is turned off when the road conditions degrade (as in weather, gravel...), and when in adverse traffic (as in heavy traffic and work zones). The reason being that the cruise control can only sense the immediate conditions in its blind little world. The key here is that the cruise control is running blind, literally. The cruise control is constantly accelerating and decelerating oblivious to potholes, traffic signs, and brake lights. In a tight situation, especially in a big truck, the driver doesn't want to be jumping on their brakes (no matter how "quick" they are) at the same time the cruise control is giving a burst of acceleration. Any time a driver tries to suddenly do something that the truck is opposing is where loss of traction begins. Really, once again, it has little to do with law and opinion--it's physics.

eb
 

OntarioVanMan

Retired Expediter
Owner/Operator
If you believe cruise could be used thru a CZ then a city street with little traffic would be acceptable as well...it is the same logic....

IMO I think cruise was the unsafest gadget created...
One gets too comfortable, one gets lulled into a too relaxed state of mind...

You've seen them...drivers with one foot on the dash board or one leg tucked under them...how in the world are they going to react to sudden situation like that?

I think cruise by default should be limited to 60 mph before it can be engaged.

Keep in mind this is only my opinion and mine only...It is the way I operate my vehicle...and I do have the right to think others are incorrect, not stupid but incorrect..there is a difference.
 
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Slo-Ride

Veteran Expediter
Guess I kinda started the subject of cruise in that other thread.
Streakn Sorry to derail your thread,,I didn't mean for that to happen. Like i said I was just poking at ya..And it all got turned into ,,,,I'm going to tattle tail on ya to the safety dept. Again I'm sorry.. Come on ppl stop being offended this is still the Internet here its not your work place..(well maybe a small part of it)Lets keep it fun & informative

On this subject I'm not sure either about laws in the CZ..I use what I think are my common senses (what few I have).If road conditions are good and its not an active zone I use it. In tight spots it gets turned off.
 
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OntarioVanMan

Retired Expediter
Owner/Operator
Please OVM, I rarely get up to 60 mph these days, and I need my cruise (it's like family to me).

eb

*LOL* come to think of it..you are right...I have the same problem at times...I was too exuberant! maybe 50 eh?


Common sense? By gawd what a concept....would never have thought to use that...

Slo Ride..great idea...
 

Turtle

Administrator
Staff member
Retired Expediter
I use my cruise control a lot. It saves fuel (except in hilly areas) and reduces fatigue. Using it while you are fatigued can be a problem, tho. I find that if I'm beginning to get fatigued or my mind is wandering a little too much, the increased concentration of having to take full control of the vehicle helps, so I'll disengage the cruise control. Live OVM said, it can at times be a little too relaxing.

They are working on a system of cruise control and proximity sensors so that cruise control can be engaged even in heavy traffic so as to better move traffic with a decreased incidence of stop and go traffic and fender benders. That will be kewl. It'll work if the can just keep people from moving over three lanes 400 feet before their exit.

I've never heard of any law that prevents the use of a cruise control, even in situations where using one is clearly not advised, like in wet, rainy conditions where hydroplaning is an issue. All the law addresses is that the driver of the vehicle be in control and operate it safely. If the driver gives partial control of the vehicle over to a cruise control, that's fine, but the driver is still responsible for doing it, and if something goes wrong because of it, it's on the driver. It's not like a sudden brake failure or a tire blowout, which would be out of the control of the driver (unless neglect can be proved, of course).
 

layoutshooter

Veteran Expediter
Retired Expediter
We use our cruise a lot as well, it is a very good tool. As with all tools they need to be used in a safe and proper manner. I see no reason to limit the low end that a cruise can engage. If it is safe to use it then use it.

As to the cruise in construction zones. Generally speaking I do not think it is a good idea. The may be some really big zones, multi-lane were there are no workers present that it should be ok.

I do believe that the cruise is one of the better tools ever invented for long distance driving. It save fuel (most of the time) cuts down on fatigue AND cuts down on the chance of a speeding ticket.
 

highway star

Veteran Expediter
Owner/Operator
A couple of years ago the switch on the brake pedal that disengages the cruise went bad on my truck. I was approaching a congested area when it happened, so I just turned the cruise off. Not a big deal. I wouldn't have wanted to discover the problem in a construction zone.
 

Turtle

Administrator
Staff member
Retired Expediter
I just wish I HAD cruise LOL.
On my first van, the E-350, it didn't have it. But I had my Ford dealer install one. Worked great. Wasn't cheap, like $300, but it probably saved me that much in fuel, actually.
 

LDB

Veteran Expediter
Retired Expediter
I use my CC in flat areas. I don't like it in hills and even some overpasses because it kicks down into passing gear and runs the rpm up too high. I never use it in a construction zone.
 
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