Hello, new here. I'm getting married in 2 weeks to an OTR driver. About three weeks ago, he received a citation for "Vehicle not Placarded as Required. Missing 4 of 4 flammable placards and missing 4 of 4 dangerous placards." Until today his company believed they could handle the ticket over the phone, but they found out that he must appear in court. We are trying to find out if he needs a lawyer, and what the outcome of this is likely to be. Where can I find this information? Is it up to the judge or would the DOT have this information?
This load was carried by two other drivers before given to him. It was improperly placarded when picked up, the first driver didn't catch it, and the second driver probably assumed it had been checked, and my fiance also didn't check. He pulled in to a weigh station, and where he was checked out and they discovered that he was improperly placarded. He wasn't arrested, they just made him go to a truck stop to get the proper placards before they let him leave with the load. He's new to hazmat, and has learned his lesson about checking behind people. I just hope this isn't a disqualifying offense. Has this happened to anyone else?
Any information or suggestions will be greatly appreciated!
Hey drivers! Just how bad is a HAZMAT Violation?
Discussion in 'Trucking Industry Regulations' started by alisonackerman, Apr 2, 2014.
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Our company has contacts in all jurisdictions we routinely operate in for such issues.
I'm sure his company can make a few calls and find a lawyer to appear in his behalf.alisonackerman Thanks this. -
Other drivers not catching it is no excuse, he is responsible. Always check and recheck hazmat. The fine could literally be thousands or hundreds of $$$. I've been told by officers it could be $1500 per placard. I'm always very careful.
Jokingypsy Thanks this. -
Leave him.
Just kidding. I hope this incident does not put much of a dent in the wedding budget!
Congrats on the wedding! Did you know there is a forum here for Trucker's significant others?
Mikeeee -
No not an excuse. Just telling the story.
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alisonackerman Thanks this.
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There are lawyers who specialize in trucking cases like this. I'm sure others have ideas on who to call and this isn't an ad, but OOIDA may be able to steer you in the right direction. Your fiance is only the last one to drop the ball on this one. The safety department at his company should have also been on top of this and every shipper I have ever hauled hazmat out of provided the placards necessary for the load as well as the MSDS. If he's new he may have just learned a very expensive lesson depending on the judge. I have a problem with everyone else who should have caught this as well.
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The problem is that you can't depend on some dufus with the shipper to even know what placards should go with the load. I had one jerk at the chemical plant in Cedar City argue with me over whether the load even needed placards or not. He told me, "I've been in this business 18 years, and we have never had to placard these loads." This was the same dufus who loaded me at least a couple of times a month with the same load, and always had the necessary placards with him. But he also usually had his supervisor with him. Supervisor was on vacation, dufus just forgot to get the placards when he was headed to the shipping area, and didn't want to take the trouble to go back and get them.
You cannot depend on ANYONE ELSE. Dufus there, either doesn't know, or doesn't care about the thousands of dollars his company can be fined for not providing the right placards. He doesn't know, or doesn't care about the multimillion dollar lawsuits that his employer will be subject to, in case of a fatal accident. And as the OP now knows, the trucker also takes it in the shorts in a situation like this.
OP, I don't know how much in fines your husband is looking at here, but it seems to me like a lawyer is in order. Also, since he is not the first driver handling the load, there is some responsibility on the part of the company. But they will likely do their best to avoid that, up to and including cutting him loose.
I hope that doesn't happen, but it might.alisonackerman and Jokingypsy Thank this. -
Just took a look and the carrier and driver could be hit with upwards of 10 points depending on other violations. 4 points for the lack of placards, but there are other violations that could rack up more points. I would think the carrier would have been on top of this. I know my carrier has a macro that tells you to call safety before leaving the shipper. At that point they go through a checklist to make sure all the ducks are in a row.
I was listening to a driver on the radio a few years ago who forgot he was placarded and went through Columbus OH. He got caught and it ended up costing him over $20 grand. The cop shut him down on the spot and between fines, impound fees, and towing charges it was a very expensive reminder that haz-mat loads have to go around and not through many cities.alisonackerman, Jokingypsy and peterd Thank this. -
Just FYI for future violators... He contacted a criminal defense attorney in the county in which he's supposed to appear in court. The cost is $350, and the attorney says he will try to reduce points or dismiss altogether. We shall see...
Thanks for all the replies.
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