I'd like to see at least one documented case where an O/O was cited for turning a wrench on a reset.
BTW....On my Mait records in the comment section, I always put my Mech's name down for any repairs, ect....
If DOT were to "split hairs"....every a-z-z sitting in the drivers seat would be sitting on a rack behind bars....I doubt DOT has the time or the resources to "split hairs".
Logging "Off Duty, Driving"
Discussion in 'Trucking Industry Regulations' started by Working Class Patriot, May 19, 2009.
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There are no hairs to split, the maintenance records must be complete or the motor carrier is prosecuted for issues regarding maintenance. I can think of several times carriers were prosecuted using maintenance records for the HOS. On one occassion mechanic's time cards were cross referenced to the time the driver indicated they were on the road. When it was discovered the mechanic's timecard indicated they were not at work when the driver indicated they were at their home terminal the case was built.
What you have to understand is a compliance review uses 30 days of logs and all supporting documents for the month, i.e. toll receipts, trip packs, fuel receipts, repair receipts, and what ever else is available.
Large Cartage is a O/O carrier; I'm sure the drivers never dreamed they'd be caught falsifying their logs.
http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=1420118
http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=355502
http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=138986
http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=865526
Schiber was one that was slapped with both false logs and dispatch issues:
http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=164297
Don't confuse roadside inspections with a compliance review. Compliance reviews are over when they're over, compliance is the issue.
The FMCSA is an administrative law enforcement agency. The investigations by the FMCSA are public record as indicated by the links provided. Insurance companies use FMCSA data to access risk when determining how much to charge for premiums. A less than satisfactory rating is almost a guarantee to higher preiums. Some of the better insurance companies will not cover carriers with a less than satisfactory rating.
The FMCSA's data is also used by many shippers to determine a carrier's reliability. Many of the larger corporate shippers will not use a carrier with no rating or less than satisfactory rating.
Attorneys use the FMCSA's data in law suits associated with crashes, if the attorney can show a carrier has been prosecuted for HOS or safety violations it increases the settlement awarded to their client.
So while the FMCSA does not arrest the yahoos that falsify their records, their data has a significant impact on a carrier's ability to do well and keep operating cost down.
Be safe.psanderson and RickG Thank this. -
All I know is that I passed two inspection last year...
One was an FMCSA inspection and the other was a B.I.T. given by the CHP.
The B.I.T. btw, was conducted by a training officer and five other officers. My rig and files were scrutinized and passed...... -
All carriers with a USDOT number are listed on the A & I site with their rating, roadside inspections, and all other info.
You're welcome to provide a DOT number for review.
Be safe.Last edited by a moderator: May 27, 2009
psanderson Thanks this. -
Bottom line to me here is the fact that there are rules, regs, and laws in this country that contradict themselves. In this case there are 5 contradictions:
1) New line on logs..Line 1A, off duty driving.
2) Off duty definition.
3) on duty definition.
4) Unladen off duty.
5) Personal Vehicle Conveyance definition.
So by what I have tried to follow, USDOT, FMCSA, State DOT, LEO's, have all the marbles, and we get to play in their game with peas.ironpony and Working Class Patriot Thank this. -
psanderson Thanks this. -
It is really simple, if your headed to a place of repair with a broken tractor you are not relieved of responsibility for that tractor, which is test 1.
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This thread is being closed, its run its course. The helpful information was kept for future reference.
Last edited: May 27, 2009
25(2)+2 Thanks this.
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