2 Out of service = dropped insurance?

Discussion in 'Ask An Owner Operator' started by Atlanticus trucking, Jan 23, 2019.

  1. Atlanticus trucking

    Atlanticus trucking Light Load Member

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    So I’ve heard this many times that insurance will drop you if you get two OOS within 1 year as a new carrier. So my question, on the safer website there are two types of OOS. There are vehicle OOS and driver OOS. Does either OOS count towards your 2 for the year?

    My driver was going through westchester NY and stopped at a weigh station. What came up was he had gotten a ticket 5 or so years ago for operating a taxi at a NY airport without the proper permit. His company was supposed to handle it but they didn’t. This suspended his NY driving privileges without him knowing. So he got hit with driving with a suspended license (383.51A). Now this is showing as an OOS under my DOT.

    Any advice on how to handle this situation in terms of fighting the ticket? Does this OOS count towards my 2 for the year, or do only vehicle OOS count?

    Thanks
     
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  3. ibcalm19

    ibcalm19 Road Train Member

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    I don't believe they will drop you. I have seen worse & they were not dropped. I wouldn't call & asked them about it either. The thing that is important that is the drivers license was suspended. I'm surprised they didn't catch it when they ran his license. I wouldn't lose no sleep over it. Keep things straight from here on out. All OOS count some carry more weight than others. You should be fine. Accidents, bad equipment, speeding, & suspended licenses are bad. I believe you will be fine. All the best to you.
     
  4. Atlanticus trucking

    Atlanticus trucking Light Load Member

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    Thanks. When I ran his driving record it was for Florida where is license is from. That’s how I missed it.
     
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  5. JonJon78

    JonJon78 Road Train Member

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    Did they end up towing the truck when he was caught in NY or was he able to pay the fine on the spot at the weight station and continue the trip?
     
  6. Atlanticus trucking

    Atlanticus trucking Light Load Member

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    I drove out there to get the truck. They wouldnt allow him to drive.
     
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  7. 6wheeler

    6wheeler Road Train Member

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    Insurance companies just want your money. As long as you pay the bill you have nothing to worry about.
    They will drop you if you have several claims but they don't follow your FMCSA record, only when it's time for renewal.

    The FAST of 2015 prohibits certain information used to make decisions based on the flawed mistakes in the scoring system. Insurance companies can look at it but there not supposed to make judgements based on it
     
  8. brian991219

    brian991219 Road Train Member

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    Jon,

    Yes it is possible your insurance carrier may have an issue with this. Side note, this is why the standard driver application for employment asks what states a driver has operated in previously. You need to check their home state and all other states, which is dang near impossible for your non-cdl driver.

    As for handling the ticket, NY just wants money, so enter a not guilty plea and when he appears at the court the DA will offer him a plea bargain for a lesser offense. Of course, this is if he has quickly paid the old taxi citation.

    Being he is not a CDL holder this will be easy, no anti-masking statute to keep the orginal offense on his record. After he is convicted of a lesser charge you file a DataQ with the court records and they will have to remove it as he was not convicted of operating a CMV on a suspended license.
     
  9. Ridgeline

    Ridgeline Road Train Member

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    I have a really stupid question ... Did you contact the insurance company and ask them?

    You "heard" may be all too wrong.

    Now before you hand me the line that you don't want them to know, they will find out and it is best to try to mitigate the issue right away with them to prevent them from dropping you.

    AND ANOTHER stupid question - Didn't you do your driver's MVR check?

    I also don't buy him not knowing about it.
     
  10. brian991219

    brian991219 Road Train Member

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    Ridgeline, I know this guy and he did check the MVR, it is not a cdl -he runs under cdl truck. Florida does a horrible job of reporting out of state convictions on non-cdl licenses, and I know from personal experience with New York that they are bad about reporting suspensions to out of state agencies. Had it happen to me not once but twice, took several years before they were entered into CDLIS and I was aware of them.
     
    Atlanticus trucking Thanks this.
  11. DUNE-T

    DUNE-T Road Train Member

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    If you have Progressive, you can expect all kinds of different things from them
     
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