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Equipment violations

Discussion in 'Trucking Industry Regulations' started by photolurp2, Oct 9, 2009.

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  1. Oct 9, 2009 #1
    photolurp2

    photolurp2 Medium Load Member

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    If you are stopped for an equipment vioaltion , or it is discovered during an inspection, (for example there are no brake lights), who will get the fine? Will it go to the driver or the owner of the vehicle? My old boss, who I agreed to drive a pos dump truck to the port for, assured me it would be on the owner. I quit working for him for a good reason, but am just doing a little freelance work for him until I start my next job.
     
    photolurp2, Oct 9, 2009
    photolurp2, Oct 9, 2009
    #1
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  3. Oct 9, 2009 #2
    bigcountry30

    bigcountry30 Light Load Member

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    It's really up to the officer, they can right it to either one they choose but ultimately you the driver are the one responsible for it.
     
    bigcountry30, Oct 9, 2009
    bigcountry30, Oct 9, 2009
    #2
  4. Oct 10, 2009 #3
    LoneCowboy

    LoneCowboy Road Train Member

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    YOU get the ticket.
    YOU pay the fine
    YOU go to court.

    It also goes on the company record which lowers their score, and they may or may not get fined.

    But that ticket YOU eat.
     
    LoneCowboy, Oct 10, 2009
    LoneCowboy, Oct 10, 2009
    #3
  5. Oct 10, 2009 #4
    photolurp2

    photolurp2 Medium Load Member

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    Dieselbear, Mike_MD, or Psanderson: do you have an opinion?
    Thanks in advance.
     
    photolurp2, Oct 10, 2009
    photolurp2, Oct 10, 2009
    #4
  7. Oct 10, 2009 #5
    Mark Kling

    Mark Kling Technology Contributor

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    that is why the pre trip is important. why not walk around the truck when fueling also... takes moments out of one's day but less out of your pocket. The Driver is the one behind the wheel, so most companies would see the driver as the one who owes.

    and if you pay your fine... call back in a month and get a copy of the report showing the fine was paid... could stop your cdl from being yanked..
     
    Mark Kling, Oct 10, 2009
    Mark Kling, Oct 10, 2009
    #5
  8. Oct 10, 2009 #6
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    This is the easiest question that has ever been asked on this forum. If the ticket is in your name, YOU are responsible. If it's in the owners name, HE is responsible. In Ca, the trucking company will give an "owners responsibility" form to the driver to use in case of mechanical violation or overweight. The driver's name will be on the ticket as the operator of the vehicle, but only as the operator, not the responsible party.
     
    Allow Me., Oct 10, 2009
    Allow Me., Oct 10, 2009
    #6
  9. Oct 10, 2009 #7
    photolurp2

    photolurp2 Medium Load Member

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    Georgia
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    This is not a truck I drive everyday. I wouldn't have known the brake lights were out if my wife hadn't told me. I guess I could look for the hand brake, but I thought those were for trailers. I have never driven a dump truck before in my life, and have no idea what other special things to look for during a pre-trip. There is somethhing that looks like an axle between the rear tandems. No idea what it is. Never seen anything like it on a TT. I am simply delivering it from Atlanta to the port at Jacksonville, then it is going on a boat to Africa. It will be gone forever.

    It is not our companies truck, we are merely transporting it, and will only drive it once. I do not think my ex-boss is going to pay to fix a truck that was never his, and is only going to be driven once. I guess this is what one may consider a drive away operation.

    By the way, if anyone reading this has driven dump trucks, or knows anyone that has, maybe you can help me. It is a 94 Mack with 3 rear axels, and the third one is supposed to stay up unless? Well it was up when I picked up the truck, but when I got to where I am parking it for the weekend, they were down. Anyone know how to raise them back up and keep em that way? I think that is why the druck started driving badly (pulling to the side when braking, etc.)

    I guess I should demand that I get paid before I deliver the thing. If it gets put OOS, I would be pretty pissed if I did not get paid because I did not deliver it. I sure as hell will leave it if that happens. I do not even work for the guy anymore, so it is not like he can fire me. Plus I know he would not pay to fix it, when he is barely making any money (or so he says.)
     
    Last edited: Oct 10, 2009
    photolurp2, Oct 10, 2009
    photolurp2, Oct 10, 2009
    #7
  10. Oct 10, 2009 #8
    Rodeo_Joe

    Rodeo_Joe Light Load Member

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    Oct 24, 2008
    Blackstock, Ontario
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    the only way the owner gets it is if you've written it on your DVIR for more then 15 days an its not repaired. Otherwise you as the driver gets the ticket. Or the same they often say that they give it to the one whos present. That means you the driver. I had a air dump valve go on a lift axle an they put it on the company. But thats few an far between
     
    Rodeo_Joe, Oct 10, 2009
    Rodeo_Joe, Oct 10, 2009
    #8
  11. Oct 10, 2009 #9
    dieselbear

    dieselbear Road Train Member

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    I think it will depend on which State you are in. In my State, we write the operator's. We can not write a citation to a company. Now we can, if the owner is present, write the citation to them in that case. But what are the chances of a over the road guy, having the owner with him?
     
    dieselbear, Oct 10, 2009
    dieselbear, Oct 10, 2009
    #9
    FriedTater Thanks this.
  12. Oct 10, 2009 #10
    REDD

    REDD The Legend

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    Dueling Banjoville
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    OK!


    Anytime you do a pretrip inspection.... Brake lights are part of that inspection. Yes when you pull the hand brake, johnson bar, or what ever you want to call it, the brake lights should illuminate for your inspection!
     
    REDD, Oct 10, 2009
    REDD, Oct 10, 2009
    #10
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