Got a written warning, what now?

Would you be so kind to post a link to where this is mandated by either Federal rule or state law? Please! If you can't post a link can you at least give a logical point by point path where you are trying to say something issued by a LEO that is NOT considered a charge by the definition of warning has legal weight later for the driver? Yes it is true that IF a MCSAP/CVSA/DOT Officer as a part of the stop issues a North American Standard Inspection with violations EVEN if that same officer only issues a state warning along with it the driver has a set amount of time to get a copy of that form to their employer so said employer can certify corrective action was taken back to the state. I think ( not sure ) this has to be done within days. A generic warning ticket is NOT a summons. If it were a summons it would be a citation with court date and payment instructions. Now there is a FMCSA rule that mandates if you are convicted (NOTE CONVICTED) you have reporting requirements not only to your employer but your home state. That rule is quoted below \/ \/


§383.31 Notification of convictions for driver violations.
(a) Except as provided in paragraph (d) of this section, each person who operates a commercial motor vehicle, who has a commercial learner's permit or commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her permit or license, shall notify an official designated by the State or jurisdiction which issued such permit or license, of such conviction. The notification must be made within 30 days after the date that the person has been convicted.

(b) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation), shall notify his/her current employer of such conviction. The notification must be made within 30 days after the date that the person has been convicted. If the driver is not currently employed, he/she must notify the State or jurisdiction which issued the license according to §383.31(a).

(c) Notification. The notification to the State official and employer must be made in writing and contain the following information:

(1) Driver's full name;

(2) Driver's license number;

(3) Date of conviction;

(4) The specific criminal or other offense(s), serious traffic violation(s), and other violation(s) of State or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges which resulted from such conviction(s);

(5) Indication whether the violation was in a commercial motor vehicle;

(6) Location of offense; and

(7) Driver's signature.

(d) A person is considered to be in compliance with the requirements of paragraph (a) of this section if the conviction occurs in a State or jurisdiction that is in substantial compliance with 49 CFR 384.209 and has not been de-certified in accordance with 49 CFR 384.405.







The above ^^^^^^^^^^ rule is the ONLY reporting rule I know for getting a citation ( NOTICE this citation NOT warning) that is anywhere in title 49 CFR.<< title 49 CFR is THE controlling regulations that cover the trucking industry.

 

My friends are police here in my home town. That warning goes nowhere. In most towns and cities police are not allowed to pull you over without either a ticket or warning. That practice has stopped them from harassing or pulling over a cute blonde.

Also, I can only speak for NH but only a judge can rip up a ticket. They are numbered and ALL accounted for.

 

You rookie drivers and drivers in training and you drivers thinking about starting training LISTEN UP. Most of you at some point are going to be confronted by the VERY derogatory term (truck stop attorney). These guys are all over the truck stops and unfortunately are also in TTR. Listen to the legal advice of these guys with caution. If my memory serves me on the date back in 1995 a friend of mine called me at home and wanted to know if I would help him get his truck home. He was an OO operating under his own authority that was at the time hauling chickens for a local poultry company. The truck had been impounded. Because I was under dispatch I had to tell the guy no. I think he got another of his sons in law (guy has 4 daughters) and they retrieved the truck. The Guy had employed his oldest daughters husband to make one of his Regular Florida hauls. This Son in law had been put OOS for an HOS violation and later arrested because he started that sovereign citizen garbage and attempted to leave the scale. I know of maybe half a dozen such stories where drivers got arrested or hit with large fines because they got legal advice from truck stop attorneys. I know another driver that actually got in a DOT scale house Supervisors face once and was shouting something about calling US Marshals to close down the Banning California scale. These things are MYTHS If you rookies have a question I highly recommend you start with your carriers safety dept and get them to show you the rule. If you are still undecided then write a letter to or call your local branch Office of the FMCSA. To do otherwise is to invite problems. It is just that simple.

 

I have friends that are cops both here in my current home and back in Georgia and we have discussed this about tickets. They all confirm what you just typed about accountability but they also said they or their supervisors can void out a ticket The way they spoke this is actually something that happens a lot.

 

Some companies view warnings as tickets.

Every company I've worked for says fax a copy in unless its a friendly reminder like in Texas.

Received one of those in Ft. Worth one time. (Marker light out....was really just my gps hit the switch from the crappy road)

Kinda makes me sad thinking about that idiot shooting the cops.
Kid said it was the best job in the world when I asked him how he liked being a cop.

 

Not doubting you but I have NEVER worked for a carrier that wanted warnings reported to them. I also have never heard from people I know and trust that they were required to make this report. Would you kindly post at least the name of one company that does this so I can contact their safety dept and ask why!

Edited to add I am not talking about situations where you also got an inspection. I am talking about getting a generic warning nothing else.

 

This is why I want OP to post a copy of the written warning that he received. On the ones with the CMV inspection, it states on the page that you have to forward it to your carrier. It also has the name of the officer and states that he is DOT certified. In fact, whether you receive a warning, citation or not, the inspection sheet will still say that you have to forward it to your carrier.

But a normal written warning? If it doesn't state that you have to forward it to your carrier, I don't inform them.

 

It was just a town cop, that's it.

 

I hear you but so many here seem bound and determined to make this into and about something it's not. It would be laughable if it wasn't such an example of what amounts to malicious malpractice.

SMH

 

Con-way is one.

Mike Sodrell's trucking company actually has it listed on their website.

Answer:
So we can keep your safety bonus!!!
(Duh)