7 Deadly Sins that Trigger Safety Audit

Discussion in 'Ask An Owner Operator' started by BigBadBill, May 12, 2012.

  1. revelation1911

    revelation1911 Heavy Load Member

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    The only thing they take serious is taking money the rest is just a means to justify it. You make it sound like it's all carved in stone. Well it's not you can drag it out for years and appeal,appeal and appeal some more.
    The company I drove for tesedt CO2 tanks and that fell under part of the dot's pervue. They came by and did a compliance visit and they started out all over this company. It was something about the way their stamping of tanks was done and that the reject tanks weren't segregated far enough from good ones. They sent out this big fine for more than the compamy had made in ten years. They drug it on for five or six years and wound up geting few thousand in the end. So no they can't just come and shut down someone with out due process if a fight is put up. They have to go through a process in court sometimes and the big fines don't always get paid.
     
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  3. BigBadBill

    BigBadBill Bullishly Optimistic

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    You are talking apples and oranges. We are talking about a new entrant audit not random audit.
     
  4. spacetrucker88

    spacetrucker88 Heavy Load Member

    He may be a little on the slow side
     
  5. revelation1911

    revelation1911 Heavy Load Member

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    Thats what I meant the new entrant audit it's been several years since I had mine and they may do them different up there. One of the things you mention in your list of seven insurance? they won't even grant new entrant status till you have insurance and the initial downpayment will float you 90 days. So if you insuracne cancels before the audit there not going to come out... cause your number will show revoked.
    And if you don't aggree with the findings you can appeal them.
    Your explanation makes it sound like they come and take the numbers off your truck and thats it? Well it don't happen like that this is goverenment businesss and it takes more paperwork than that.
    Several of the items on the list they'd never know unless you tell them and a couple others you could challenge in court. If a person had a mind to they could tie it up for some time before they could even take your new entrant status.
    It would only take filing for TRO and get relief in a court of law.
    90% of all this connected with the fmsca and all the state agencies is for is job creation and revenue generation. I feel less safe on the roads cause I know the lies goverenment tells to further their cause, total control of people.
     
  6. BigBadBill

    BigBadBill Bullishly Optimistic

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    They can revoke a provisional authority AND THEN you can appeal.

    Not sure what they can't check that you could hide. Maybe if you failed a past drug test?
     
  7. revelation1911

    revelation1911 Heavy Load Member

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    A TRO if granted could keep you operating while you appeal.
    I don't think they revoke that many authorities. I think most go out of business or quit if they are that far gone. Lots don't make the 18 month mark they just fold up. When they came here they told me it was for educational purposes and really didn't look for much. I didn't have two sheets of papers in my file and a written company policy on violations.
    They passed me and left. There was a car hauler in Fl. that had so many OOS his insuracne wouldn't touch him he set up another MC# and it had several OOS's in the first few months. Now he's a broker. I read his CSA history and mostly just hammering him when they had him. he got like three OOS at once.
    The ones that have problems generally continue having them, no matter how many MC's they have.
     
  8. Dorsey

    Dorsey Medium Load Member

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    The New entry audit is nothing to fear. It's more educational than anything. If its truly your first. If you don't have stuff in order they will need that and if you don't provide it they will shut you down. Just not that day. They do give you time to do so. I actually learned this from the people revelation is talking about. They had a rough time on thier second go around with thier audit. Theres other reasons they are a broker now. His wife is/was a good dispatcher.
     
  9. BigBadBill

    BigBadBill Bullishly Optimistic

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    To move back a little we all need to understand that the States are administering these audits based on Federal regulations. And while you and I may read them and it seems perfectly clear, each state seems to have it's own interpretation ("The audit will conducted at your place of business...").

    So the best advice that any of should give is prepare based on the Federal regulations and you will have no issues.

    And you should not fear your first one. It is truly an educational, let's make sure you have your ducks in a row, type of meeting. My starting this tread was because there are some things based on regulations that can get you shut down on the spot. They may not do it in FL but it happens in IL.

    Big one for independent O/O's is "qualified driver". Most are like me, why do I have to fill out an application and that doesn't apply to me.

    But not having a pre-employment drug screen makes you a disqualified driver. When they check this in IN, they give you 48-hours to have a drug test completed and 4-weeks to show you have completed this. In IL they will shut you down on the spot. You have to be tested within 24-hours then schedule a new audit before they will reinstate your authority.

    So again, follow the guidelines on the Big 7 as if they will shut you down and do your best on the rest.

    BTW, a TRO is a Temporary Restraining Order. It is difficult to get one ex parte when dealing with a government agency. So they will be there to argue their side. And all they have to say is "Federal Regulations" and it is now moved to Federal Court. Then you have to prove that it is likely that you will prevail and that will be a toss up to what the judge thinks.
     
  10. BigBadBill

    BigBadBill Bullishly Optimistic

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    Want to emphasize what Dorsey is saying. This is not something that people that intent to run a legal business need to fear. It is very educational and will go a long way in helping you understand how to stay out of trouble in the future.
     
  11. Les2

    Les2 Road Train Member

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    Number 5 will get you an audit in Ohio but not shut down. The driver who failed will be released until the proper classes are taken.

    We had this last week. A driver whom was hired apparently failed a drug/alcohol test at his previous employer years ago. He didn't take the rehab course. If he wouldn't have gotten stopped and DOT'd they would've never known. How he managed to slip thru the cracks all these years is beyond me? You would think the state would just have revoked his license or something along those lines.
     
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