DOT and the State Boys have gone Mad!!!!!!!

Discussion in 'Ask An Owner Operator' started by 1989 Pete, Mar 24, 2009.

  1. psanderson

    psanderson Road Train Member

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    Again it's as simple as if it was out of date that is a violation and subject to civil penalty. It has nothing to do with the court house. It has everything to do with a federal requirement for an annual inspection. And as was suggested to me in a private message, why wasn't it detected and corrected during/after the pre-trip inspection?
     
    Last edited: Mar 24, 2009
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  3. Pur48Ted

    Pur48Ted Road Train Member

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    If they can't afford to FIX IT, we can't afford to let them DRIVE on public roads.
    Simple actually.
     
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  4. RickG

    RickG Road Train Member

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    Looks like after it happened a couple of days they would have gotten the message . Do they think if they run together the odds are less will get stopped ?
     
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  5. psanderson

    psanderson Road Train Member

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    By the way, here's the 396.11(c) rule just to show that non-out of service defects must be repaired:

    TITLE 49
    TRANSPORTATION CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
    PART 396
    INSPECTION, REPAIR, AND MAINTENANCE
    Table of Contents Sec. 396.11
    Driver vehicle inspection report(s)

    (c) Corrective action. Prior to requiring or permitting a driver to operate a vehicle, every motor carrier or its agent shall repair any defect or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle. (1) Every motor carrier or its agent shall certify on the original driver vehicle inspection report which lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again. (2) Every motor carrier shall maintain the original driver vehicle inspection report, the certification of repairs, and the certification of the driver's review for three months from the date the written report was prepared.
     
  6. psanderson

    psanderson Road Train Member

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    Doesn't sound like being excessive to me. It sounds like the state DOT has not been doing their job & now they are.
     
  7. Les2

    Les2 Road Train Member

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    Your right! But the problem is, they don't have the money to fix it so they have to work it till they get the money! This is what happens when these idiots are out here hauling cheap freight and thinking they are gonna survive. Some will but most won't! None of them seem to realize that hauling that cheap freight is just wearing out their equipment and covering their payments but not getting any money put back for breakdowns. Then when something does go wrong they have to take chances.
     
  8. Scarecrow03

    Scarecrow03 Road Train Member

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    A friend of mine was told by a state DOT officer at a scale house in Illinois that they're not going to be giving any breaks for anything. He hauls bulk in a hopper and was 300lbs over on his trailer that was right at 34,000 when he loaded. Normally the scale master would let him try to shake the weight around and let him go once he got it legal. Not this time, and the lady told him, "We've been instructed not to give any warnings. If you're not in compliance in any area, we're to cite you."

    Sounds like revenue generating and job saving to me.
     
  9. psanderson

    psanderson Road Train Member

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    I agree. But again if the money is not there it should be parked. Why risk having any enforcement official place a vehicle out of service and receive a civil penalty on top of it not to mention what happens after that defective equipment causes an accident.

    But in the instance of any accident it is economically more feasible for a fatal than a non-fatal accident. In a fatal accident the damages are limited. In a non-fatal, the damages could last a lifetime for instance if someone were to become an invalid in a wheelchair for the next 30-years. And that's not being crass, it's just a fact that most people don't consider.
     
  10. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    I love how everything is black and white to you. LOL

    But that money could have gone for more maintenance and upkeep on the truck, the way I see it. If you want safe trucks, then don't take unnecessary money out of the O/O's pockets. That violation COULD have been just a warning to get it fixed.

    We do maintain the truck to tip top standards and hubby is very particular. He's never been put OOS, for good reason, because we make sure they don't have any reasons to put him OOS. But it all costs money.

    And you have no idea what the freight brokers and dispatchers do to these guys. We got sent to a load that the broker knew the place was broke down, sat for 6 hours, which ran out his time on his log book. Those 6 hours cost us money. Money that we could use to keep the truck road ready.

    You only see one side of it. There's way more to the story. You might know the laws, but the games that are played out here with the O/O's and company drivers with shippers, receivers and brokers is unbelievable. But does anyone make them answer for their issues? There are times when they should be held responsible for their actions. Instead the driver gets attitude when he asks how long the delay will be. I've seen it and heard it myself.

    How do you feel about a driver that is hungry, and tired and needs a shower, that was kept sitting at a shippers yard for 6 hours to load, is then out of hours, and is KICKED off the property, because he's loaded and they no longer have a use for him and they don't care that he shouldn't be driving? This happens ALL THE TIME! Where is that driver to go? And should he go? And if he doesn't then what? They will call the police and force him to move? No black and white answer here.

    There are Grey areas Mr Anderson. You just haven't seen them on your side of the badge.

    Oh, and the court house thing was an example of how the economy is even effecting the government entities, I didn't say it had anything to do with the violation. Whether its city, county or state, everyone is looking at their budgets, trying to cut back.
     
  11. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    EXACTLY!! :biggrin_2552:
     
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