Need some help...shutdown at scales

Discussion in 'Ask An Owner Operator' started by hank23, Aug 26, 2017.

  1. hank23

    hank23 Bobtail Member

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    Hey guys n gals! If anyone has been through the Lamar POE scales knows how much of a pain in the rear they can be! My driver was placed OOS this morning for FMCSA Violation Code 385.337B. This means refusing a NEW ENTRANT safety audit (i've google'd this violation code 100 times) I have had my authority for almost 3 years! I completed and passed the new entrant audit back in 2015. I have an excellent safety record on file. Is there a chance this is a mistake? I haven't received any paperwork from the FMCSA and SaferWeb shows me to be 100% good to go...I am so MAD! Please help :(
     
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  3. bulldawg trucker

    bulldawg trucker Medium Load Member

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    I am no legal expert but Sounds like a mistake. How long did they shut him down for and what is the resolution they are telling the driver?
     
  4. hank23

    hank23 Bobtail Member

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    the scale master told him to go to the Love's and hangout until I figure out what is going on. They said it looked like a mistake but they went ahead and put him OOS anyway....
     
  5. bulldawg trucker

    bulldawg trucker Medium Load Member

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    Have you talked directly to the local dot that shut him down? That's were I always started when I had issues when I was a trans manager. If they can't fix it they can put you in touch with the next level and then keep working your way up from there. I would have had my driver stay out at the scale so he could help with communications.
     
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  6. JL of Indiana

    JL of Indiana Light Load Member

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    Did they give him any official paperwork or just tell him to go to loves and shut down?

    I'd haul ### if it was me.
     
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  7. Observer1

    Observer1 Light Load Member

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    That violation generally means the company is under a Federal Out of Service Order. Run your DOT number and see what comes up. The feds are being very strict about the new entrant and safety audits. I was in a training just this week and they told of a company with a similar OOS. The FMCSA said they would call them back in 30 DAYS.
     
  8. TallJoe

    TallJoe Road Train Member

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    That scale over there has some competence issues. The guy over there got into argument with me over why I don't wear glasses while driving. I asked why, he said that my CDL requires that. I said I never needed glasses in my life other than sun glass. So got into a condescending tone and all, I was just dumbfounded by that man sitting there and telling me what I need to do. I said to him show me where you see I need the glasses, so he did...I said to him that the letter "N" on my CDL means tanker endorsement. But how did his logic lead him to believe that N stands for glasses is beyond me. I mean I could understand if it was "G" but "N"
    Maybe in your case, whatever they saw was something irrelevant and put you OOS by mistake. If this is the case they should pay for your time loss.
    I would check the safer. If it shows nothing bad, I am sure they screwed you up.
    Besides: Should they not (FMCSA) give some official, warning letter that they are shutting you down. Or can they just do it like that, by a mouse click?
     
    Last edited: Aug 26, 2017
    mladen86 and hank23 Thank this.
  9. hank23

    hank23 Bobtail Member

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    I ran my DOT # in SaferWatch (where brokers check) all clear, I looked in Safer all clear as well. I was never notified of any audit whatsoever
     
  10. hank23

    hank23 Bobtail Member

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    You are so correct. I was given a violation on my logbook for not the BOL # in the bottom left hand corner of the log from that stupid scale about a month ago. The law clearly states you can have the B/L# or Shipper and Commodity which I had clearly listed.

    Safer is all clear shows Authorized for Property...FMCSA has to send you correspondence to put your authority OOS. I haven't received anything from them! Not a phone call, email or mailed letter. I watch everything like a hawk on Safer Web and etc for all inaccuracies.
     
    TallJoe Thanks this.
  11. TallJoe

    TallJoe Road Train Member

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    Well then I am sure they don't know what they're doing. They should pay you for this. Please let us know how it turns out. So we can be prepared too. BTW I am still waiting for my new entrant audit (not that I am thrilled) and it has almost been a year.
     
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