Criminal culpability of a Motor Carrier

Criminal culpability of a Motor Carrier

I wish to start this question by quoting four regulations from the US Department of Transportation Federal Motor Carrier Safety Administration.

It is a hypothetical question and I would appreciate it if the DOT officers involved in this forum would respond with their knowledge, expertise and any experience that relates to the subject (question). Any drivers with firsthand knowledge or experience are encouraged to share as well, thanks in advance. I anticipate that there will be more than one question as the responses progress in fact I know I have more relating to the original question and answers produced.

§392.1 Scope of the rules in this part.
Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part

§392.2 Applicable operating rules.
Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.

§392.3 Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

§392.6 Schedules to conform with speed limits.
No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.

Now for the first question;

If a company dispatcher knowingly dispatches a solo company driver from point a to point b, let's say Orange, CA to Seattle WA, approximately 1,171 miles, all three states are 55 mph truck speed limits except for a WA with a 60 mph limit on specific limited sections of I-5 (approximately 22.5 hours of driving averaging 52 mph), pick up the load on Monday 4:00 am and deliver on Tuesday 4:00 am, have they in fact violated 392.1 392.2 392.3 and possibly 392.6 as well regardless if the driver refused the load or not?

Is the request itself a violation?

Is ignorance of 392.1 a defense?

Sorry that's already three questions and I definitely have more.

 

SOLO please read the post, thanks!!

Not a line haul from terminal to mid point, drop and hook. Or terminal to terminal. SOLO all the way one driver one load no re-powering or teams SOLO.

I've got 20 years of experience and I am very interested in the answers the DOT officers wish to share if at all, THANKS
I ran this route for 12 years and I know how long it takes even though the HOS were different then, but I understand the new HOS as well.

 

Thanks for your thoughts’ on this matter

Point well taken

The details aren’t important because it’s a hypothetical question, that statements going to bite me in xxx, (the devils in the details). FYI I pulled extremely light loads that direction approximately 2000 – 9000 pounds in the box, 53’ 60 series Detroit tuned up to around 475, so going up any hill wasn’t a problem just going down within the restricted speed limit of the grapevine and Ashland, so where I stopped and etc. isn’t what I am trying to ask. It’s the bigger picture.

That’s the kind of information I’m interested in.

I’m sorry but I have an owner operator mentality, my bad. This part of the equation is interesting so for clarification let’s just say no threats or refusals; I am more interested in, “Is the request itself a violation?” I’m considering becoming a company driver again perhaps this will give you some insight to my hypothetical question and motivation of the question.
THANKS!!

 

I was once a company driver it was just a long long time ago. I try not to remember, LOL. There were good companies and bad even back in the day and I worked for both. After becoming an owner operator I became spoiled shall we say. I was also leased to a very small company only two trucks in the beginning and I was one of them. He grew but we never had more than five trucks up and running at any given point or time, I believe he is back down to three now and his whole operation has changed. To me he’s family even though there is no blood relation. I moved on with my own authority after being with him for over 12 years.
Thanks again
C’mon dieselbear I saw you lurking please chime in.
I need your take on this.

 

I really wanted a law enforcement point of view on this; the follow up questions would have been something like this?
What violation of law and or laws did the company violate?
What are the minimum and maximum fines and or penalties for each and every violation?
Is there any jail time involved in those penalties? (In reference to the above question.)
Etc etc etc
Well the truck is loaded and I’m headed to Vegas. I should be back tomorrow around noon. If anyone hasn’t responded by then, I’ll just let this thread die.
Oh yeah one more,
What are the odds that a district attorney would pursue such a case if a driver presented the facts and evidence they had collected directly to the district attorney?
See you tomorrow!