ELD full compliance

How could the ELD have prevented this?
Werner to appeal $90M verdict in 2014 crash lawsuit

 

Or this? Werner to appeal $90M verdict in 2014 crash lawsuit

 

So what is it when it’s not up top, up top says no violations, but it says that in the notes but shows up as a violation on the SMS?

 

Without seeing the whole report all I can guess at is the LEO was trying to write it up as a warning.
But as you found out by looking up the inspection, it's not a warning. It's a violation.

Again, the sad fact is that way too many LEO's don't know how the CVSA system works.

 

Yeah I can see what you're trying to say, but at the end of the day there IS such thing as a written warning, but maybe not on the CSA side of things obviously.

I actually had this very battle with the FMCSA on dataQ on a written warning. They responded that written warnings were not able to be challenged.

 

States create more Federal Funding by writing a Inspection Violation,than they would get writing a ticket.

 

I called RoadLaw again to get more clarification. She said there was something about the federal law for CDL drivers that won’t allow you to fight the violation if you did not receive a citation with the violation. I pressed her on it in different ways, but she still remained firm on her position. Now I obviously don’t understand law, and some things she said with legal terms I did not understand.

The bottomline is that if you receive a violation that you are very convinced was not appropriate, request a citation so you can fight it in court. There you can get your penalty lowered or dismissed entirely.

 

Call back and ask her about DataQ.
That's the method all CVSA inspection violations are challenged. All violations can be challenged that way and it doesn't matter if there's a citation attached or not.

Here is the link to read more. https://dataqs.fmcsa.dot.gov/Default.aspx

 

Have you ever heard of anybody getting a violation overturned by dataqing it?