They are not NEW regulations.
They are just changing the way they are going to enforce them.
Not about safety, more about revenue generation.
Any drivers out of a job because of CSA 2010
Discussion in 'Trucking Industry Regulations' started by asphalt-cowboy, Jun 21, 2011.
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Stagnation, numbers aren't continuing to improve. Good enough, is never good enough I guess.
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"I know a driver that had his license suspended last March from a ticket he got in his personal vehicle, that he didn't pay. He found out when they shut him down at a state scale."
Wait - he found out at the scale that he didn't pay the ticket? Not to argue, and this anti-DOT stuff flying around... but he KNEW he got a ticket and he KNEW he didn't pay it. I can't imagine any "forgetting" to pay something that could land you in jail with a warrant.
"When the carrier was having a compliance review the next month and they found that he was driving a CMV when his license was suspended"
And he knew he was suspended, too - they notify you, usually through certified mail. You're required to surrender your drivers license in most states and have a state ID card issued.
"They used the federal regulation that says a driver has an obligation to tell the carrier (when he didn't). He was found to be violation of the federal regulation and fined an additional $1,000 on top of the original citation and what he had to pay to get his license back."
Makes sense, the carrier is required to comply with the annual citation/accident reporting scenario, too... and because he was dishonest, his carrier didn't comply and likely got a fine.
I'm not a fan of overly regulating things - even in the military, I rolled my eyes at silly stuff all the time that I thought was over the top. With that said, this "us against them" attitude so many truckers have amazes me.
This whole thing was preventable. He got a ticket. Pay it, report it to the company, done deal. Since he didn't, he was arrested, lost a load, cost his company a nice tow bill from the scale, etc, etc, etc...
His costs should have been 10 times that since he didn't learn his lesson at this point. Sorry to take a hard line on this, but again this was ALL preventable.maxwelltie, ironpony and lonewolf4ad Thank this. -
Revenue is a secondary consideration. Not that they need the money, but that they want to deprive you of their money.
The real issue is control the tyrants have over their resources.
Has no one paid attention to the accelerating rate of change, and the trajectory of that change?
September 2008 should have been a wake up call, but most people seem to have acclimated to the 'new normal', and pay it no mind.
Be warned, though. They will likely command your undivided attention, in the days and weeks ahead. It might be a good idea to store up some extra food, and make plans for growing your own.
Look what happened in the Ukraine, under Stalin, for some motivation. Unless you think it can't happen here... -
Holy smokes, the US Marshalls have put on tinfoil hats and they're circling the black helicopters! Run for the hills!
ironpony Thanks this. -
I thought the same thing.
He didn't know it was suspended. He says he never got anything from the state.
There is no annual citation/accident reporting regulation. Carriers are required to keep an accident register but they don't have to haul it out until a compliance review.
He wasn't smart and he's paid for it. What's really stupid is that the carrier gets cited for it too. The driver loses his license for something in his personal vehicle and the carrier is cited in a compliance review for "allowing a driver to drive a CMV with a suspended license". How in the hell would the carrier know? -
By checking driver's records/abstracts on an ongoing regular basis. Many do it EVERY quarter (some do it monthly) to minimize things like this happening.
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He didn't know it was suspended. He says he never got anything from the state.
How can you not know your license is suspended? Common sense should tell you that a unpaid ticket or unpaid child support will suspend your license every time. This is why you read the asterisk, as it will tell you that failure to pay this ticket or failure to follow procedures for a court hearing within a certain amout of time will result in a license suspension.
There is no annual citation/accident reporting regulation.
Each employee who has a driver's license suspended, revoked, or canceled by a State or jurisdiction, who loses the right to operate a commercial motor vehicle in a State or jurisdiction for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his/her current employer of such suspension, revocation, cancellation, lost privilege, or disqualification. The notification must be made before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.
Part 383.33
No employer may knowingly allow, require, permit, or authorize a driver to operate a CMV in the United States
a) During any period in which the driver has a CMV driver's license suspended, revoked, or canceled by a State, has lost the right to operate a CMV in a State, or has been disqualified from operating a CMV;(b) During any period in which the driver has more than one CMV driver's license;(c) During any period in which the driver, or the CMV he or she is driving, or the motor carrier operation, is subject to an out-of-service order; or(d) In violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings.
Part 383.37
He wasn't smart and he's paid for it. What's really stupid is that the carrier gets cited for it too. The driver loses his license for something in his personal vehicle and the carrier is cited in a compliance review for "allowing a driver to drive a CMV with a suspended license". How in the hell would the carrier know?
It's law. Welcome to CSA2010. Not only does CSA2010 hold the driver liable, but the carrier also. The carrier can no longer play the ignorant role. Because he didn't do his part by informing the company of his license suspension, his company was now in violation. The carrier needs to annualy check the drivers MVR to avoid compliance issues, because drivers generally don't have enough common sense and common courtesy to do it themselves. Every state has a public website where you can check the status of your license at any time. If you don't have internet access, a simple phone call to the state's DMV/BMV will do the trick. There is no excuse for negligence. One bad apple spoils the bunch.Last edited: Jun 23, 2011
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How many points are you allowed on your basic before an intervention, or license suspension? Also does the drivers psp score go aginst his license as well? One more question do warning tickets for a rubbing brake hose and failure to observe a trafic control device go aginst your licence, or just the psp score?
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The company I'm leased to has let one O/O go since the CSA kickoff, and the pressure was from their insurance carrier to release him.
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