DOT Inspection Violations, went off duty instead of sleeper berth

Discussion in 'Questions From New Drivers' started by KayFox, Mar 9, 2021.

  1. KayFox

    KayFox Bobtail Member

    23
    17
    Mar 9, 2021
    0
    Hey everyone! I was coming down I-5 North in Ashford Oregon. I was called on the scale and then told to stop. DOT came outside and told me to step out and come around to the passenger side. He then kicked my front outer drive tire to show me it had blown. He then proceeded to do a walk around inspection. He put me out of service for the tire until someone could come replace it. I was given a warning for the tire since it just blew and I honestly had no idea! But upon the log inspection he discovered the day before I had driven over my 14hr clock. I had mistakenly gone "off duty" instead of "sleeper Berth". So my split sleeper hours didn't count. I was just wondering how big of a violation this is and will it affect my driver record or employment? When being inspected however I was not in an HOS and had a good standing clock. Thank you for any input!
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. mnmover

    mnmover Road Train Member

    1,237
    1,103
    Apr 5, 2009
    Lichfield MN
    0
    Most likely the DOT will be at your company in about a month and will go through your logs for the last 6 months looking for other violations. At least that's what happened to me in 2014 when I only took 9 hours off instead of 10.
     
    77fib77, snowlauncher and KayFox Thank this.
  4. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    10,008
    41,489
    Jan 13, 2013
    SW Arkansas
    0
    If the DOT did that every time for every log violation, they would have to hire thousands of people to get it done. If they showed up after such a minor violation then the company was already on their radar and you were not the only violation they were concerned with.
     
  5. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    10,008
    41,489
    Jan 13, 2013
    SW Arkansas
    0
    I would not worry too much about it. Not exactly anything outrageous. Just be more careful and double check your eld to make sure it is right. You should have been able to change that before your approved you log for that day. As for the tire, it happens.
     
    slow.rider, Rideandrepair and KayFox Thank this.
  6. Lunatic Fringe

    Lunatic Fringe Medium Load Member

    477
    1,395
    Oct 1, 2016
    0
    Ashland? There isn’t an Ashford, OR.
     
  7. Moose1958

    Moose1958 Road Train Member

    14,753
    31,571
    Dec 17, 2010
    Williesburg, Virignia
    0
    While it is possible for this to happen in most cases it doesn't happen. @brian991219 and I both have mentioned this process in other comments. What generally happens is your company gets audited by the FMCSA and they come with a hit list of problem drivers identified from the FMCSA SMS data. Once the auditors identify themselves they ask for all the files on said drivers required under parts 391 and 395. This means if every I is not dotted and every T crossed in those records that carrier stands to receive a rather large fine AND be placed on probation if enough egregious violations are found then told they will return later to check for compliance. I drove for a carrier that was hit by the FMCSA and the later fallout. If these violations are not corrected the FMCSA will yank that carrier's numbers!

    @mnmover if this happened to you most likely your name was on some kind of a hit list. It happens!
     
    brian991219 Thanks this.
  8. Cobrakaiguy

    Cobrakaiguy Light Load Member

    122
    99
    Nov 16, 2020
    Dallas
    0
    Bid Brother DOT will get with the company and creep through your last few months of logs, this is why always checking the truck is important, for example instead of drivers pissing in bottles while driving cause they are afraid to loose .30 cents, stop to piss and walk around your truck quick it will save you in the long run.
     
  9. SteveScott

    SteveScott Road Train Member

    4,897
    16,803
    Nov 10, 2015
    0
    Not much you can do if a tire just blew, but the HOS should have been dealt with before you drove again. You should have called your employer and had the logs corrected if it was truly an error between off duty and sleeper birth. Now your company will have that mark on their record, and they may have something to say to you about it.
     
  10. TripleSix

    TripleSix God of Roads

    17,784
    124,825
    Apr 10, 2009
    Copied in Hell
    0
    If your split sleeper didn’t take, elogs would have shown that you would be in violation before you logged on duty.

    WHAT YOU SHOULD HAVE DONE:
    As soon as you saw something was wrong and you had zero hours to drive, log SLEEPER BERTH first, and that duty change would have allowed you to edit that error off duty time and change to sleeper berth. Set and save, and suddenly you would have your drive time.
     
    WesternPlains, TokyoJoe and MysticHZ Thank this.
  11. brian991219

    brian991219 Road Train Member

    2,778
    5,361
    Aug 10, 2013
    Lords Valley, PA
    0
    Exactly M. The FMCSA can't possibly investigate every motor carrier with hours violations but if there is a pattern of violations or a truly egregious violation they can and will show up for an audit. Mainly if the carrier is at or near the intervention threshold for hours of service they will investigate or if it were part of a crash investigation. In the modern world they will conduct it remotely.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.