Citation in Personal Vehicle, when to report to my employer?

Discussion in 'Trucking Industry Regulations' started by Bobcat13, Feb 9, 2021.

  1. Bobcat13

    Bobcat13 Bobtail Member

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    About a month ago I was cited for a rolling stop, off company time in my personal vehicle. I have been working with an attorney to get this reduced to something with no points.

    I hadn’t reported this to my company, but somehow they got wind of it and have been hounding me to fill out an “incident report” detailing what happened, why I feel that the ticket wasn’t valid and what I’m doing with my attorney (confidential?)

    They did quote FMCSA 383.31 which does state that a driver has to report any moving violation to their company within 30 days of CONVICTION, and just says I have to tell them what the ticket was, where it happened etc.

    I feel that they’re being completely ridiculous with this, and I feel that this is an invasion of privacy. I told them I’d give them the required info listed in 383.31 but I’m not disclosing anything else, not because I feel like I have to hide anything but just on principle.
     
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  3. Jorihe84

    Jorihe84 Road Train Member

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    Ok, you have an obligation to the rules that you agreed to being a CDL holder, and the company policy of your EMPLOYER. They have an obligation to the law also along with insurance requirements. They could care less what the hell you are doing privately but since you messed up, they are required to do their part also. This isn’t some ploy to see what’s going on in your detailed life. They don’t care.

    Good grief.
     
  4. Bobcat13

    Bobcat13 Bobtail Member

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    And I am fulfilling that obligation. They know all they need to know at this point pursuant to FMCSA 383.31. There is no company policy on this either, this is just an overzealous safety manager bored working from home looking for something to do to justify their job.
     
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  5. Chinatown

    Chinatown Road Train Member

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    Did one of your co-workers snitch you out?
     
  6. Bobcat13

    Bobcat13 Bobtail Member

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    That’s what I’m thinking, drivers gossip more than women LOL
     
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  7. Chinatown

    Chinatown Road Train Member

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    The only way your company could find out is if someone whined about it to your boss.
    I never reported a ticket before it was resolved.
     
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  8. ZVar

    ZVar Road Train Member

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    Except the company is trying to see what's going on in his personal life. Or do you not know the difference in conviction and accusation?

    If it's dropped or convicted then deal with what the law requires. Anything else is overreach by the company.
     
  9. wis bang

    wis bang Road Train Member

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    Exactly. Upon conviction which means AFTER your day in court.
     
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  10. buzzarddriver

    buzzarddriver Road Train Member

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    As stated in FMCSA 383.31, the word "Convicted" is the key to when to report. If the violation occurred in your personal vehicle, you are under no requirement to report the infraction until the infraction has been adjudicated. That is when the 30 day period starts.
    And on the driver's annual report, you are required to report any violation "convicted" of. No conviction, no report.
    And, in the future, never discuss your private life with company employee's, EVER.
     
  11. wichris

    wichris Road Train Member

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    Not true. You can sign up with most states to get a notice when your driver(s)(submitted to the state)receive any tickets.
     
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