Driver got pulled over in Albany NY yesterday. One of his mistakes on the log book was that he did not place total hours worked for 2 days. The vehicle passed.
However he was placed out of service for not appearing in court in 2005.
The violations state" Driving a CMV while disqualified- Drivers NYS driving priviledges were suspended on 03/04/05 for failiure to answear a summons in Stuben County NY."
The Officer placed a sticker on the windshield of the vehicle that it can't be moved. We paid a fine for him and faxed over a sheet that showed the fine was paid and his licence was re-instated.
Now according to the fax from NYSDOT he was doing 85Mph in a 65Mph zone while driving a 2004 Chevrolet. My driver told me he never had a 2004 Chevrolet and he was never in NY that year.
I hired him last year with a clean drivers abstract and no infractions. At the same time he got his FAST card at Buffalo NY.
I did everything that I could to make sure that the driver had a valid driving licence and according to the MTO and 5 other states that he got pulled over in he in fact did have a valid licence.
According to the USDOT this goes on our CSA 2010 for allowing a driver to operate CMV without a valid licence.
Speaking with USDOT official they explained to me that they are aware that NY and Ontario do not share data on Licence Suspension. Therefore it would have not appeared on his drivers abstract. However the suspension is valid and the company is responsible for their drivers.
What a bunch of BS! Even though we did everything correctly and followed all procedures, when taking on this driver we are still to blame.
Did I say I hate CSA 2010
I hate CSA 2010 Period!
Discussion in 'Trucking Industry Regulations' started by Trouble65, Aug 25, 2010.
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If he's got documentation to prove this, I'd refute the whole dang thing. Not sure what the procedure is going to be to do that, but I'd start looking.
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Disputes can be resolved using the DataQs website. With CSA 2010 looming, all motor carriers large and small should become familiar with it:
https://dataqs.fmcsa.dot.gov/Data/help.stm
https://dataqs.fmcsa.dot.gov/login.aspbullhaulerswife and creepailya Thank this. -
its only going to get worse, as time goes on, for both drivers and companies......
what galls me is any infractions in a drivers personal vehicle which should be excluded. and if you think this is bad, take a look at all those trucking companies that got hit hard with the $3,000 fines in the state of RI going over that bridge, and THOSE drivers getting whacked with tickets for disobeying the "no trucks" signage..........!!!!!
gonnabe a whole lotta companies getting the hurt on............as well as drivers.........
if it would help any, i'd like to see MORE drivers and companies joining the OOIDA to maybe fight this CSA2010/2011, if that is even possible........because as of right now, there still isn't a total point system for a driver to reach, before he becomes disqualified.........only that if a driver has infractions that go back 12 months from the start of CSA......he gets whacked DOUBLE POINTS right out of the box.......!!!!! -
Thanks, allready registered.
I am waiting for the ticket to appear so that I can dispute the ticket. -
Things like this happen,and happen more than you would think.California had my truck involved in an accident when I nor my truck had left Tennessee. They make mistakes all the time but unlike a truck driver they aren't written a ticket for them. Your only hope is to be able to prove that the driver wasn't in New York on the day that he got the ticket. Even that may not help with csa 2010 because they pretty much do as they please.
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A couple comments on this.
Tickets you receive in your personal vehicle do not and will not show up on your pre-employment screen (PSP)
They also will not count on CSA2010.
In order for things to get into this system an inspection must occur.
Since you will not get a DOT inspection in your car, they will not be there.
On the PSP points thing.
First year they multiply the points by 3.
Second year by 2
Third year by 1.
Guess what? you should not have been running illegal if you got violations.
I am hoping the form and manner log ones will have points lowered, but it does not sound like it.
they want to really really bust on HOS, and since most drivers are not caught breaking HOS rules, they can say you are tired and not filling out paperwork right.
CSA2010 is not anything new.
They have been working on this thing since 2005.
Heck, it has gotten allot better just in the past week or so. Since they changed the weight of speeding violations and warnings.
Now most poor scores are due to log book violations, and the majority of those are form and manner violations. Meaning you were within hours, you just did not fill out the form correctly with all info.sewerman Thanks this. -
i was referring to the person above talking about the 2004 chevy.
as i read it, the points were going to be doubled if the prior 12 months to CSA coming online, a driver gets cited.......meaning, existing infractions. now, maybe you are referring to "new" citations a driver NEVER had prior to CSA coming on line..???
when we read the infractions a driver can get, yes, many are the HOS, which were already in the DOT books for violations. they are (basically) just going to enforce them.
ok, i stand to make a correction the points ARE listed starting on page 50......"violation severity weight" that column IS the points assessed... its just the TOTAL a driver reaches that isn't determined yet that can disqualify him from driving.
http://csa2010.fmcsa.dot.gov/Documents/SMSMethodology.pdfLast edited: Aug 25, 2010
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i bet your driver knew he was not allowed to drive in ny...have u ever forgot a ticket?? i've never been that drunk... your driver thought he had done got by with it.. but we all no better now .. don't we???
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Well I did forget about one.
No HUT sticker.. back in 1987.
Thought company covered it. Never followed through on it.
So since then I have moved several times to different states.
Changed employers several times.
Got lic. ran in N.Y state. No problems.
Then in 2006 I get a ticket in Il. Ok no bigge overaxle grouping.
Well come on in sir your lic. is no good..Huh?
What where and why I ask, Well Ny. says you owe them for not paying a ticket.
What ticket I ask.
Then several phone calls and faxes I get a release letter and away I go.
Ticket cost me 100.00 dollars and lost 1 1/2 days on ld.
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