395.8e warnings

Discussion in 'Trucking Industry Regulations' started by Bpalani87, Nov 26, 2019.

  1. Bpalani87

    Bpalani87 Bobtail Member

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    Today one of our drivers got put OOS because he misused his PC by mistake to get around but on the inspection report it says WARNINGS. He did not get a citation, does anyone know if this will show up on our SMS scores? since it's a warning. Thank you
     
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  3. Doealex

    Doealex Medium Load Member

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    If he was put OOS it will.
     
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  4. Bpalani87

    Bpalani87 Bobtail Member

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    Sucks and unfortunate..the driver didn't actually need PC to get around he had a lot of on duty/drive time left. He just forgot to take the log off PC
     
  5. Bpalani87

    Bpalani87 Bobtail Member

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    After I fixed his logs from PC to driving the logs still didn't have any violations. I wonder if i can contest it.
     
  6. tnevin225

    tnevin225 Road Train Member

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    That's the problem with getting a Warning, there is nothing to contest.
     
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  7. Bpalani87

    Bpalani87 Bobtail Member

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    Apr 24, 2018
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    I'm talking about from the DATAIQ website..I can still have them review it and prove that we had no reason to use PC it was done by mistake. There was no driving violation after we fixed the logs.
     
  8. Doealex

    Doealex Medium Load Member

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    I wouldn’t sweat it. From my experience you can’t change anything in DATAIQ. Just document it and show that to your insurance company at the renewal.
     
  9. dibstr

    dibstr Road Train Member

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    Actually they can. If a state officer shows a warning on an inspection, the FMCSA sees it as a violation as they do not recognize warnings. As a violation it can be challenged through DataQ. For a challenge to be successful though one must generally show that the violation did not exist, was recorded in error, or listed multiple times.
     
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  10. Doealex

    Doealex Medium Load Member

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    DataQ is a joke. All they do is send your request to the cop that gave you violation. In your case he is going to say the driver didn’t do his eLog right to begin with. And since it’s just a warning there’s no judge to decide your case.
     
  11. dibstr

    dibstr Road Train Member

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    I’ve never used DataQ so cant offer any credible info on whether it’s a joke or not. I can however state that they don’t just send it to the cop that gave you the violation. They send the RDR that you complete to a state data analyst for review along with any information or evidence that you submit. You have to prove the violation did not exist. The officer that wrote the violation is involved at some point but he is not the analyst nor the determiner. You can eventually, through a long probably idiotic process put it in front of an ALJ. Oh and BTW, once again, to the FMCSA there is no such thing as a warning, only violations, so even though the state officer put warning on the violation it isn’t a warning as far as the FMCSA is concerned including for DataQ challenges or for the purpose of presenting your case to an ALJ.
     
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