Got a 15 over warning lvl 3 inspection
Discussion in 'Trucker Legal Advice' started by Truckerbrezze, Jan 9, 2020.
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Changed to a dedicated non haz run and didn't get another inspection. Those placards are like dollar signs to the DOT boys.650cat425, baha, Truckerbrezze and 1 other person Thank this. -
Truckerbrezze Thanks this.
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Trying to figure out what I'm missing. A warning is a warning not a citation what is the big friggin deal I think some of yall are fear mongers with some of the silly things yall stress about or get other folks to stress about. It's a warning FFS I dont get it !!!
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I am surprised u could even get going that fast in hartford ct, the few times i have been there i was lucky to hit 50
650cat425 Thanks this. -
There are two components of a CVSA inspection.
1. The CVSA violation. If it's listen on the inspection it's a violation. period. No warning, no passing go, it's a done deal. The violation is in the CSA system.
2. Citation. This is the ticket that tends to come with a fine attached.
What most LEO's falsely call a warning is simply a violation, but no citation. It is a big deal as this is a much harder fight to get it removed. If a citation is issued in can be fought in court and a decent chance the charge will be lowered. After all the court wants the money more than punishment. If no citation given the only option is DataQ, which is rare to remove the violation.
Now if it's truly a warning with no violation or citation then you are correct. In my experience that's rare though. -
This is how the FMCSA explains it
Federal Motor Carrier Safety Administration (FMCSA) records do not contain written or verbal warnings issued on behalf of the State. What appears to be a State warning may be an FMCSA violation noted during the inspection. The State exercises its discretion in deciding whether to add, remove, or edit a violation. Inspectors record violations on an inspection to document the inspector's findings and observations at the time of the inspection. In most cases, removing a violation from the inspection report would require, for example, some proof that the violation did not exist, was recorded in error, or listed multiple times. If you believe you have been issued a violation in error, you may request a review of the violation through DataQs by choosing the option “Violation is incorrect or listed multiple times.” -
Just remember you CAN NOT fight a warning ticket it goes on your record , and depending on the size of your fleet if you have 3 trucks it could add 50 points on your csa , and throw you into the audit pool , these guy's aint playing no more , the fun and games are over.
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BUMBACLADWAR and dibstr Thank this.
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650cat425 Thanks this.
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