Driver Just Inspected by NY DOT...not accurate, what can we do?

What penalty applies to the officer? He is getting paid for being in court and sometimes a minimum of 8 hrs. If it's his day off it's time and a half.
Even if he loses he wins, on the other hand the driver loses even if he wins, JMO

 

Everyone has someone to answer to. Consistently losing in court for writing bad tickets has consequences.

 

Fight it. The FMCSA does not limit how long or far you can offduty drive so long as the driver is going home, safe haven, store, or entertainment facility like a theatre or casino. A driver can also use PC if they are directed to move by a safety personnel (FMCSA does not define this person but I am guessing they mean LEO). They are allowed to PC unladen or laden.

The driver cannot use PC to advance a load or reposition at the direction of the carrier.

The FMCSA leaves it up to the carrier's discretion on limiting how far and long a driver can PC. It's a confusing subject for a lot of people; driver's, carriers, and DOT but the FMCSA director himself says not to overthink it as it is much simpler than people think. It seems to me the DOT involved was one of those confusing the law. (All what I just said comes directly from the FMCSA website on the most recent clarification QA on the subject).

The other thing is that the driver may have simply went into an on duty status too soon after PCing. Off-duty driving does not count towards a 10 hour or 34 hour reset. While it may not eat the clock up, it pretty much resets the driver's break. Say, a driver PC's after 5 hours into his 10 hour. He just forfeited those 5 hours he had and now would need a full 10 after pcing. The law doesnt necessarily say this, but it is implied (although it may nust mean that it pauses the clock and after he is done PCing after 9 hours another 5 hours but i dojt think so). If the driver was pulled over while PCing I'm gonna say that the DOT was clearly in the wrong.

 

This part is not correct; off-duty is off-duty, it doesn't matter what the driver is doing so long as it is not an on-duty (regulated) activity. Even if the driver has maxed out their hours (regardless of whether for the day, or week) and on a 34-hour reset, PC is available, eg., going to a restaurant, etc. There may be some conflict if the driver is using PC to move from a shipper/receiver to a safe parking location (although legal, it is not contributing to the driver’s off-duty time), but once parked and in rest mode, PC is fully available.

 

Yer right, thought I read somewhere where that could be interpreted as the case but must have been for something else.

 

The problem with a Data Q challenge is it goes back to the officer who wrote the violation to overturn his own violation, not happening.

 

There you go

Finally, A truckload carrier that actually cares