declared over-time dureing DOT check

Discussion in 'Trucker Legal Advice' started by trackfodder, Nov 9, 2013.

  1. trackfodder

    trackfodder Bobtail Member

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    Dec 13, 2011
    bartlesville ok
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    My daughter just called livid with rage over being detained for a 30 min DOT inspection in Tenn. during which she was told she was over her 30 hr shutdown by 15 min. and it will cost her $248. THE TRUCK LINE HAS BEEN SCREWING HER AROUND AND MAKING ADVANCES TO THE POINT HER "PAYCHECK" WAS $150. She wasn't even driving during the "infraction" She will have trouble fiinding work with that violation on her record.
     
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  3. 77smartin

    77smartin Road Train Member

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    I dunno.
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    Calm down...give some more info. Who, what, when, why, how...or go with the old "Ask 5 Why's" Maybe not as bad as it might seem.
     
  4. baha

    baha Road Train Member

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    TN. was bad in the 1980s OOIDA fixed them for a time best of luck you can call them for info.
     
  5. GITRDUN45

    GITRDUN45 Heavy Load Member

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    Curious....If she wasn't driving how was she being detained???
     
  6. CondoCruiser

    CondoCruiser The Legend

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    For what it's worth trackfodder it will take a month to process the paperwork and hit the system. She could change jobs in that time frame. Maybe she should join the forum and do a little homework before grabbing another bad company.
     
  7. dog-c

    dog-c Road Train Member

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    you mean she was over on her 70 hr by 15 min? not clear what your post says.....
     
  8. Mark Kling

    Mark Kling Technology Contributor

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    Either over by 15 min for her 30 min break. At which time she could have informed the DOT that she had 15 min left on her 8 hour clock before she was to take a required 30 min break.

    If over the 70, again, reminding the DOT that she was within 15 min of her 70 running out.

    If she was not driving, then she should have been on line 1 or 2. At which time if she was in a rest area she could have informed the DOT that she was on her DOT Break and she would allow them to inspect once it her break was done. All this done from the passenger seat.

    The payroll issue should be with the company. I hope she kept copies of all her BOL's and mileage for each trip, to include things as cat scale tickets. If she draws advances on her pay, then yes her pay will be less.

    We are taking it that she has a Job???? or we taking it that she did not have a job when she got the infraction?

    Facts, clearly stated at to what a prior driver said give more information to digest.
     
  9. dannythetrucker

    dannythetrucker Road Train Member

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    everywhere, man
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    DOT inspections are part of the job

    there's no such thing as a "30 hr shutdown". Knowing what the HOS reg's are and abiding by them are part of the job, like it or not

    yep, not doing it right can be expensive

    Well, if you take advances then yes your paycheck is going to reflect that obviously. But how does that constitute being screwed around ? And what does that have to do with a citation for an HOS violation ?

    If she wasn't driving it shouldn't be a violation, unless she started driving again before getting a reset. But it's pretty unclear from your description what exactly the violation was. One HOS violation shouldn't hamper someones driving record too badly, so long as they LEARN from it and don't let it happen again instead of flying off the handle and calling their dad complaining instead of taking responsibility for themselves and learning the rules so they can avoid these problems in the future.
     
    joseph1135 Thanks this.
  10. bigkev1115

    bigkev1115 Road Train Member

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    Not only does she have $248 to worry about, but she also got 7 points added to her CSA score as well. She has no one to blame but herself for the violation.
     
  11. allis327

    allis327 Light Load Member

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    Aug 26, 2011
    Melrose mn
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    Most of his post start with (my daughter). Would be nice if she could post so we could get the factual story and help. Usually when it comes to someones child one perception of the facts maybe skewed. I am not trying to insult, just saying.
     
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