HOS driving violation

Yeah, at least he didn't get the Corona

 

If you get pulled into a scale for inspection, they can only look at logs for the previous 7 days, so after a week goes by you don't have much to worry about. If you get an annual audit, make sure there is a notation explaining the violation, and they probably won't say a word.

 

It falls off your record fully from a company audit by DOT after six months. However they are highly unlikely to find that even if they pulled your file and chose to audit it. The way it works as a DOT comes in to a trucking company and randomly selects like 2% of drivers files and goes through them. The most likely scenario is you pull into a scale house and they asked of you your logs. But that falls off after eight days. You probably have less than a 1% chance facing any real penalty from this. And even if It was found you might just receive a warning.

I’ve went over my HOS probably half dozen times in a year and a half I’ve been driving and nothing has ever came of it. You also have the right to move to a safe haven under many circumstances.

 

That's flat out wrong.
1. No such thing as a safe haven in HOS.
2. The only way to move after you have no driving time is either by order of LEO, or for truly personal reasons.

 

That's not how I have seen it happen. The auditors comb over the part 350 data and come in with a "hit list" of problem drivers. Then they go through their DQFs (Driver Qualification Files) and all their data in HR as well as the HOS records. Most of the time it is not easy or pretty. Most of the time if they find incomplete data they will fine a carrier and give them a date for a return visit. This is one reason carriers are so dang scared to hire with anything missing. Now I'm not saying some FMCSA (and for that matter State auditors) might not come in and do a search of a % of drivers. I'm saying they also make a "hit list".

I have heard safety critters tell me that they know of some carriers where safety and HR types actually wet their pants when FMCSA' auditors IDs themselves!

 

I don't even care. If it was me I just thumb the display and punch in whatever, document the situation and dock the #### thing.

If there is any critter wanting to take it up with me is going to be confronted with photos, documentation and so on to the Nth degree for the entire trip leading to that violation.

They can take it up with dispatch.

Im one of those people who if out of time 1 hour from delivery I will absolutely sit and stay. Let the company reschedule appt or repower. I don't care for or worry about little violations.

On paper is one thing. The electronic computer to the second BAZZZZZ! You are fined three credits for violating at 01 second beyond. Blah. Let it roll. Document all of it precisely and go dock it.

If the truck shuts down then call Captian hook to move and dock it. Document that too.

If there were actual citations with fines, I just throw the money at it and roll on. Document that too. The point being nothing stops that truck. Not even violations. Particularly small ones.

That computer ELD is not my life. It will not be allowed to rule my dreams and nightmares at bedtime being in violations. They can stack it, rack it or fire me. Alls well. As long the #### load is delivered.

 

I was under the impression that you can only use a Yard Move if you're actually in your (the carrier's) yard. In this case, the OP was at the Receivers location. Would you still be able to use Yard Move?

 

Get your affairs in order and hire the best lawyers you can find you may go down with multiple fellonies on this one. That’s how they caught Al Capone , over on his hours , life in prison.