Calling All Hot Shots

We have letters.

One driver spent the time in a truck stop in South Beloit. The scale called and asked them which was 8 hours later or so, if anyone was in the drivers lounge the night before. Day shift had no idea and told them they do not track or register the drivers. The officer told them, that they were loitering in the truckstop and in the future, they would be issued a ticket for loitering. Interesting, a ticket in MN for a violation of MN law in Illinois?

The regulation they ticketed several drivers with is 395.8(e). The fine is 287.00.

Another driver showed them the motel receipt for the night before and did not have the one for the night before that. They put him out of service for 10 hours for not having proof and therefore stating the off duty log was false.

Another driver spent the night at home and then crossed the scale, and they wanted some sort of proof that he had in fact been at home.

I do not cross that scale anymore. In fact, I have not been through the area but three times this year.

 

While it might not be a requirement to show how you spent your off duty time, it still must be 10 consecutive hours and if any of that time were to include sleep you must be able to show it was either in a legally sleeper-berth or motel yes?
Also can the officer determine that you appear drowsy and put you out of service? Even if the officer can not legally ask for a receipt he can still write you a ticket. Tickets are revenue 'enhancement' after all, and what trucker can afford to fight it court? Perhaps if you are a local driver, but the rest....
Are the sleeper-berth and off duty rules different in different states? I am going to guess that the drivers that have been getting stopped did not know the rules and in some cases were driving on NO rest.
I must say until I started to research how to become a O/O in the field of hotshot/expediting, I had not realized that pick-up's w/trailers had to keep a log. In fact I am sure I thought if it was under CDL size that scales (for the most part) and logs did not apply.
What would a letter from some attorney do?? I too would like to know what reg's were cited.
RickG, if you do not mind may I ask what class size truck you drive? I am just curious.
Maybe this REALLY shows my ignorance, but can you pitch a tent and use that for sleeper-berth?
So Roadmedic, if I am reading the reg (395.8[e])right the person was sighted for a logbook violation, correct? Why could the driver be put out of service for something that happened two days prior?
I would like to reiterate- trucks are revenue 'enhancement' for counties and states. I am wondering just how bad this effects our CSA score?

 

Here is the actual charge. I listed the wrong one when I searched on my phone.

Violation: 395.3(a)(2) Requiring or permitting driver to drive after 14 hours on duty (OOS)

The guys that got this were well rested, took breaks, but did not keep the motel receipt.

The effect one driver got in points were in the area of 87 points.

 

"I'm pretty sure he just doesn't need to be driving anything bigger than a 2-wheeler with pedal power... last I heard he was running a big truck somewhere down in TX moving oversize in the dark and without permits for the same guy he hauled hotshot for"

And to think there are people on this form who think the government should not say how we do our business. Personally I hope the owner of the company that is using this guy grandchildren are in a car next to this individual as he is driving down the road.

 

So no one has actually seen these "tickets" that have been issued for not having a hotel receipt ??? I've hear these stories a lot also but never seen any of these tickets that were issued.

I need to call up my pre-paid legal and have them look into this so I can get a "official" answer......

 

I have seen the ticket and posted the charge from a link to the inspection that showed the charge.

4 drivers I know have been charged for not showing the motel receipt.

 

Don't any of them belong to OOIDA ? I'm not an advocate for OOIDA by a long shot but this sounds like something they should help with .
I'd have your carrier write to the FMCSA regional office in MN and ask if these charges are justified .

 

Why would they even bother with that bunch?

I just quit running through that state.