So what happens if...

If it can be cleaned up and off your record I'd pay it just to keep my record clean. If not you'll have to rely on the common sense of people and hope they understand that items like this go bad while you're driving. Especially if your company is running caps. How did the inspector or what did the inspector say when they found the tire? Do they know you can drive on a flat to get it fixed?

 

To me her post reads like she drove the truck AFTER it was put OOS, and that's when the ticket was issued. I may be wrong, but that's the way I read it.

 

I think that makes 2 of us. Maybe she should clarify this a bit. Because an OOS violation is pretty #### serious now days. And worth $800 to keep it off your record, if thats possible.

Did you get a ticket after being placed out of service ?

Or did you get a ticket placing you out of service?

There is a HUGE differance.

 

If that's the case it's a whole new ballgame. FMCSR's say if convicted you'll lose your CDL for not less than 180 days and not more than 1 year. That's first conviction too. I'd hate to have that on a DAC report.

 

I dunno - of course, I'm not there, and wasn't there, and will probably never be there...

but that's a gash on the driver side, ne?

I don't see anything in the pics that could gash a tire like that (any gash I'd expect would be in the PASSENGER side drives, or in either set of the trailer tandems).. unless you drove through the ditch after it lept out in front of you...

(advice: ALWAYS fight ANY ticket)

 

Just as a casual observer, I think I would take down the pictures before anyone from HQ sees them.

Your account of the two incidents might be easier to "splain" without them looking at the evidence.

 

If you zoom in on the tire. There is a rubbed area about 2 foot long in the damaged area. Looks like the side wall got into a sign or a mile marker post. Something that the tire knocked down and it punctured the side wall. No matter what happened anytime you leave the road on a run off you will be cited for not controlling your vehicle or leaving yourself an out. I am not sure about the OOS the truck was ditched then put OOS?

 

This whole thing sounds screwy to me. Maybe it's because I've never had an OOS on me or a vehicle. First it sounds like the inspecting officer was a little pissed and used her authority a little too much. The reason could be because you were in the ditch.

A simple call to a tire repair man would fix the problem. Granted you should never drive on a tire that's ripped like that but you can to get it fixed. There's a fine line here on whether or not this tire would have caused a breakdown or accident. The officer should know about the exemption listed on §396.7(b) of the FMCSR's where you can drive the truck to the nearest location where a tire man could have fixed the tire.

If I were you I'd fight this ticket if it's on your record because what information you've supplied so far looks like your company may charge you with an accident.