CSA2010 and log book form and manner violations

Fortunally items like neatness are subjective and not objective and can easilly be handled in traffic court.
I know that sounds like that could be a pain, but minor items like spellling, grammer and neatness will probally not be an issue, unless the driver has an "attitude" when dealing with an enforcement official.

 

These are not items that will fall in "traffic court".

 

That would be true if no citation is issued, but if a log violation is shown on an inspection then a ticket would likely be issued. If it shows only on an inspection report then the challenge system could be put into play.

 

It is where they will put on the inspection report and my understanding is there is no way to challenge it.

 

The drivers will have a challenge just as the carriers do, can't remember the exact term for challenging, but there is one.

 

Yeah, the truck drivers will have all the time in the world to challenge something.

The company may just be scared enough to get rid of the driver.

The company has the time and ability and money to challenge.

 

The challenge will be online or a form to be sent in, I doubt that the good drivers will have a problem though.
As I stated earlier, in the long run this very well may turn the tide for drivers, in that the good ones will be in great demand.
They should be able to pretty much write their own ticket, as the carriers scramble for drivers that their insurance company will allow to be on the road.

 

News to me. They do not have the challenge part set up.

There was no intention to allow challenges when it was written.

There is always going to be an area a rogue officer can do damage.

I also do not see any potential for a rate increase for good drivers.

I am not expecting any change in the way things are or have been.

 

https://dataqs.fmcsa.dot.gov/login.asp

DataQ is the system for challenging FMCSA data. It is handled on line and as far as I know does not allow for representation by an attorney to present your case, it is an administration decision. From what I've been told it is rare to successfully challenge and overturn the results of an inspection or violation.

The question of due process has been brought up repeatedly, and this is the only method to appeal your case. No judge or jury outside of the USDOT itself, no jury of your peers. Just like to appeal most IRS manners you have to pay the amount in question (including interest and penalties) before you have the RIGHT to go to tax court, which in turn is run by the IRS.

What RoadMedic said is too true, an officer serves as judge and jury once he issues you as much as a warning now. This gets to the matter of the officer, being a sworn officer of the court, is presumed to be telling the truth. Period. What you say does not matter. I'm sure RoadMedic and the rest of us support the INTENT of CSA2010, but see a need for a system of checks and balances especially when one individual can have such a far reaching effect on the lives and careers of such a multitude of drivers and companies.

 

I do support the intent as you stated.

However, I strongly feel the truck drivers should have the same rights to inspect or whatever, the officer doing the inspection.

1. Professionalism
2. Attitude
3. Were they tired?
4. Appearance
5. Squad car clean and not cluttered
6. Writing neatly.
7. Correct times on documents.


ETC.