Howdy folks -

I'm wondering if anyone is familiar with the violations of HOS laws that can bring criminal penalties. According to the FMCSA, violation of the HOS can result in:

1. Drivers may be placed out-of-service (shut down)
2. State and local enforcement officials may assess fines
3. FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity
4. The carrier's safety rating can be downgraded

and...

5. Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.

Its this last one that I'm interested in. Does anyone know what, exactly will bring a criminal penalty? If so, what are the "federal criminal penalties" that can be imposed? Does anyone know of any examples?

Thanks, as always.

__________________
Dan H.
Sociology Student
Studying the Work Lives of Truck Drivers

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The US DOT Office of the Inspector General (OIG) is the criminal investigative body for the US DOT here is a link to their Motor Carrier Reading room;

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Be safe.

__________________
Mike

The views and opinions expressed are mine in an unofficial capacity and are not meant to reflect any regulatory agency in any way. The posts are not intended as an official interpretation of any rule or regulation.

There have been instances of Companies SHUT-DOWN by the DOT for violating HOS regulations, encouraging drivers to violate HOS, for "inventing" ghost drivers and aiding/abetting drivers to violate HOS. Company executives have been given LARGE fines and sentenced to prison.
Does this answer your question?

__________________

Here is another thread on some of the consequences:
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A million miles of barbed wire fences, I hear the moan of a westbound train. That purple sun is fading in my windshield, here comes the lonely night again......-Troy Olsen

Thanks for the links guys.

Yes, Roadkill, I am aware of these things, I was just trying to get the concrete circumstances in which a driver or company could face criminal charges, and if so, what, exactly these charges would look like.

Part of my research is looking into how some of these companies will push their drivers to break these HOS laws. This is an especially sad state of affairs since the companies doing the pushing typically get off scot-free while the driver is the one left holding the violations and the diminished driving record because of it.

__________________
Dan H.
Sociology Student
Studying the Work Lives of Truck Drivers

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Hello Socy,

I will send you a PM with my post information.

After speaking with Diesel Bear, I'm not sure it should be public.

Thank you everyone!!!

Sincerely,

__________________
KC

"For every trucker with a headache,there is another with an aspirin in their pocket."

Tough Times Don't Last...Tough People Do

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I'm a [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link. fan. A few choice words can result in amazing results. Using "truck prison" netted the hits offered.

Be safe.

__________________
Mike

The views and opinions expressed are mine in an unofficial capacity and are not meant to reflect any regulatory agency in any way. The posts are not intended as an official interpretation of any rule or regulation.

What is the 12 and 18 hour rule?

Kickin',

Not to bust your bubble or upset anyone on here, but doing what you have posted is not the best idea. Let me paint a picture of a case I had about 3 years ago. Driver for a carrier no longer in business was falsifying the log, just as you have posted. Doing what he had to get the job done, but writing the log legal. Well low and behold he is involved in a fatal accident killing a family of four. During the collision investigation, we had the log book and trip pack, which was not even close. An compliance review was done and it was not pretty either. Driver was charged and convicted of manslughter, fined extensively and if I remember correctly 3 years prison, 6 years suspended jail sentence with 6 years probation upon release with all standard conditions of probation. Driver to pay all supervisor fees due to the probation office. Also the carrier was hit by the feds for a large penalty and eventually the closed up shop. Read the links Mike posted, US DOT OIG website has quite a few news releases of recent cases where false logs have lead to prison time for driver and owner and huge fines. In my opinion, it isn't worth all of that. Log it as you do it. Good luck to you.

DB,

I completely understand and agree.

My statements regarding the Log Book practices by the Carolina Cargo are a fact.

I, nor any other driver, had to run illegal. We just had to make our log look the way that the company wanted it to when we turned it in.

Many of us chose to get yelled at than to drive any overages.

I want this topic brought forward.

I stopped this abuse from happening to me.
I also want it to stop happening completely!!!

I know that you do as well, along with many, many others.

I gave my story to SocyGrad, the good, the bad and the ugly.

I admitted what I knew, what I saw and experienced to try to help make a change.

Sincerely,
KC

__________________
KC

"For every trucker with a headache,there is another with an aspirin in their pocket."

Tough Times Don't Last...Tough People Do