The transporting HM without an endorsement is on my drivers license. That does go on my personal driving record. It is a criminal offense. And it falls under the serious violation category. Which means if I get another serious violation within 3 years my CDL gets suspended for 60 days.
That in itself was enough to make me decide to get a lawyer. The fines I don't care, the shipper is more than willing to pay any and all costs. They have already giving me the money for the fine up front.
Has anyone had a Hazmat Violation ?
Discussion in 'Trucker Legal Advice' started by 82ndCowboy, Jan 29, 2012.
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it is the shippers responsibility to properly label the haz-mat, and it must clearly marked on the bill of lading.
the shipper is on the hook for this. thats why they are so cooperative. -
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false logs, EH
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Fuel tanks are almost Never washed out and cleaned and you would need the previous BOL for transport.
There is a separate HazMat book (as thick as the green book) with all the reg's about HazMat... In other words, it will not be in the Big Green book.
BTW: I'm a HazMat fuel hauler -
And Yes, I did pick up one of those HM Handbooks, so this kind of #### doesn't happen to me again. -
Did you have to go to court over that? -
Bingo, you have yourself a case to to get this all dismissed... Get an attorney... tell him/her the whole situation. Actually the DOT messed up with this, as he should have know there ARE farm exemptions... and there would not have been a previous BOL... in the bulk portable tank, at least there isn't in Iowa and Minnesota when they transfer from a farm bulk to a portable offroad tank.
I think you have a real shot at this... keep us in the loop -
They will negotiate some & worked out a final amount with a payment schedule. If you fail to meet the schedule they revert back to the full fine amount.
They waited 4 months while I worked on the problem loggers and then dropped the hammer on me the day after I made my final college tuition payment for my youngest.
Since I needed the $$$$ i agreed to work for two more weeks w/ my replacement. I walked back to my desk and shortly later received a call from the DOT scheduling our re-audit...I laughed for about 5 min after that call! -
Maybe I'm crazy...but isn't three years a little harsh?
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