Dumb question about annual violations cert

Discussion in 'Questions From New Drivers' started by t_v, Apr 15, 2018.

  1. t_v

    t_v Light Load Member

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    I completely forgot that I need to submit an annual form telling my company about my violations history. Back when I first started driving, I got 2 tickets for not having my tandems in the right position, and once the fines were paid I'm pretty sure I threw the paperwork away.

    Now my report is due soon, and I'm not sure how to get the info I need for it. Any advice?
     
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  3. x1Heavy

    x1Heavy Road Train Member

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    In my time if there was nothing to tell in the last 12 months... there was nothing to fill out. In fact, if there WAS a violation you had to inform the company within the hour. They made sure to keep a file with your name on that folder. When it got thick enough you are fired. Follow me?

    If you truly don't remember last 12 months then sign the form so and go on with your work.

    If I had to go back to 1980 something and dig up stuff I violated, I couldnt tell you much in particular outside of some stories I keep and share.
     
  4. Moose1958

    Moose1958 Road Train Member

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    Pick up the phone and tell safety. However to be honest they will pull your record when they do that yearly qualification review. Chill Out your OK.
     
    blairandgretchen Thanks this.
  5. blairandgretchen

    blairandgretchen Road Train Member

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    Always save all your violations - and submit if needed.

    Company will be most interested in any violations which you paid money, or forfeited bond upon. Especially moving violations.
     
  6. Moose1958

    Moose1958 Road Train Member

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    HERE is all the FMCSA requires.

    §391.25 Annual inquiry and review of driving record.
    (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator's license or permit during the time period.

    (b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.

    (1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

    (2) The motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.

    (c) Recordkeeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver's qualification file.

    (2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver's qualification file.

    [63 FR 33277, June 18, 1998, as amended at 73 FR 73127, Dec. 1, 2008]

    [​IMG] Back to Top

    §391.27 Record of violations.
    (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, require each driver it employs to prepare and furnish it with a list of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which the driver has been convicted or on account of which he/she has forfeited bond or collateral during the preceding 12 months.

    (b) Each driver shall furnish the list required in accordance with paragraph (a) of this section. If the driver has not been convicted of, or forfeited bond or collateral on account of, any violation which must be listed, he/she shall so certify.

    (c) The form of the driver's list or certification shall be prescribed by the motor carrier. The following form may be used to comply with this section:

    Driver's Certification
    I certify that the following is a true and complete list of traffic violations (other than parking violations) for which I have been convicted or forfeited bond or collateral during the past 12 months.

    Date of conviction Offense

    Location Type of motor vehicle operated

    If no violations are listed above, I certify that I have not been convicted or forfeited bond or collateral on account of any violation required to be listed during the past 12 months.

    (Date of certification) (Driver's signature)

    (Motor carrier's name)
    (Motor carrier's address)

    (Reviewed by: Signature) (Title)

    (d) The motor carrier shall retain the list or certificate required by this section, or a copy of it, in its files as part of the driver's qualification file.

    (e) Drivers who have provided information required by §383.31 of this subchapter need not repeat that information in the annual list of violations required by this section.
     
    t_v Thanks this.
  7. Ridgeline

    Ridgeline Road Train Member

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    Whoa there ...
    The "tickets" you got were violations of the regs. Right?

    Were they part of an inspection by chance?

    I don't think these were moving violations, or am I wrong?
     
    Bean Jr. Thanks this.
  8. Bean Jr.

    Bean Jr. Road Train Member

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    Overweight is not a moving violation, but the certification regulations exclude only parking tickets.
     
  9. deathB4decaf

    deathB4decaf Medium Load Member

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    I'm pretty sure you can call the area where you received your ticket and get that info. I work in the office, please do not blow it off and not answer. Just put the info down on the sheet and going forward, let them know immediately when you're issued a ticket.
     
    Bean Jr. Thanks this.
  10. t_v

    t_v Light Load Member

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    No, they weren't moving violations, just overweight. No points.
     
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