FMCSA investigation due to ELD violations? What to expect?

Discussion in 'Trucking Industry Regulations' started by dztruck, Apr 27, 2021.

  1. dztruck

    dztruck Light Load Member

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    Wait so you bought his entire fleet?
     
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  3. roundhouse

    roundhouse Road Train Member

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    I second the suggestion that you should hire a private auditor to audit your files first, so you know what you’re going to get hit with.
    And have a written plan to deal with it in the future.
    Have some record where you completed a training class on HoS regs etc .

    having all this done before the feds audit your files might help.

    I would not volunteer any violations that the private auditor finds, but when the feds audit the files , you can show them that you’ve recently completed a training class on HoS rules and this won’t ever happen again. Etc
     
  4. dztruck

    dztruck Light Load Member

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    The audit is a few days. I dont think i have time to hire an auditor. No reason to pay someone to audit and its not like be able to make any adjustments. I’ll just take it as it comes.
     
    Badmon Thanks this.
  5. staceydude

    staceydude Road Train Member

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    I probably shouldn't even comment on it.. I haven't read up on it because I don't use it so you are probably 110%. Lol. I just don't run out of hours, not worth the trouble. I'm planning on stopping well within an hour out.
     
  6. not4hire

    not4hire Road Train Member

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    I would really re-think your position and take that preceding post very sincerely. Throwing yourself on the "mercy of the court" without a plan and being remorseful may be a very expensive option.
     
  7. Wasted Thyme

    Wasted Thyme Road Train Member

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    I've learned from here and reading the regs/guidance posted by others. Basically, if you are an O/o going home is like going to the yard. Still work. Ironically, if I understand it right, going home for a company driver is ok. Since it's not "work."
     
  8. Ridgeline

    Ridgeline Road Train Member

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    You didn’t break laws, you broke regulations and yes it will give you a bad safety record, read what I said about mitigating future incidents, that works for you.
     
    NavigatorWife Thanks this.
  9. dztruck

    dztruck Light Load Member

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    Of course in the future im not making the same mistakes again. Im actually gonna just run local now and stay in compliance with everything. The cop did say this was more of an educational thing to make sure i was running safely and that if there were violations they normally show us what to do and put us through training and i have to do my due diligence to make sure the safety standards are met. I hope he was sincere and not just playing nice cop. I got a squeaky clean record no accidents, tickets or anything except a few HOS violations which i was shut down for either the 10 hours or 34 hours.
     
  10. dztruck

    dztruck Light Load Member

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    Thats my question too though. What are some things that could happen? A big fine? Suspending my authority? I dont see a reason to have someone audit and then fmcsa audits me again.
     
  11. not4hire

    not4hire Road Train Member

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    It shows the regulators that you are trying to run a clean operation, that you recognize you've made mistakes and you are taking steps to correct the problems... before being told to do so. That typically works well in your favor. Actually admitting you are aware of the problem (now you are, but you weren't before because knowingly operating in breach of the rules is not looked at kindly) is typically better than pleading ignorance.

    Using a third-party regulations/HOS auditor is just like using an accountant to do your books and taxes. Sure, you can do them yourself, but...

    As mentioned, you didn't break laws, so the penalties are not criminal, but the FMCSA can assess hella civil penalties.
     
    MACK E-6 and Bean Jr. Thank this.
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