Yes as a matter of fact I am.
I run legal, I log it as I do it, I shut down when I'm out of time and sometimes I shut down well before I'm out of time!
Bottom line:
You would have lost the case! BECAUSE...Your driver was in violation! The DOT cop would easily have defended his position by saying that he suspected that the driver was going to continue on past his legal HOS and so he decided to go and check up on it.
The DOT didn't set your driver up, Your driver set himself up!
But you apparently think that everyone should take bull from you...
Fair? It's not really a game so "fair" doesn't enter into it!
The judge will ask two questions:
Was he out of hours?
Did he know he was out of hours?
A yes answer to either one...
YOU LOSE!
DOT/MTO why are they not held accountable for their mistakes?
Discussion in 'Trucking Industry Regulations' started by Trouble65, Oct 5, 2010.
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If I was wrong why did the DOT officer release my truck to proceed to the border without issuing him any violation if he thought he was in the right?
Two weeks ago my driver with 805 called me up and told me he got lost and that he was running out of his 13/hour driving rule. I asked him to keep coming when he is out of hours to call me. An hour passed by and he called me that he was out of hours 15minutes away from the yard.
My wife drove me to meet up with the driver. When I got to the truck I noticed him sitting on a shoulder and the trucks driver side was on the road. To me this was unsafe I gave my driver my log book and told him to fill it in.
Driving down Hwy 8 my wife called me on the 2 way "MTO coming your way". Sure enough there he was. I looked in the rear view mirror and he was turning around with his roof lights on. I flashed my 4 ways letting him know that I knowledge his presence. For the next 4 miles there was no safe place to pull over there was no shoulder on the at all. Then his loud speaker came on "Driver pull over now!" I kept driving. Finally 2 miles down the road I pulled over however my right side wheels were still on the highway. I had to get out on passanger side to meet the MTO officer.
MTO officer came out yelling at me that I should have pulled over when I first saw him. He demended my log book and asked me where I was coming from. When I explained to him he told me "Like I never heard that one before"
I gave him my drivers log book and that took care of any doubts he had. He then proceeded that he was going to write me up for not pulling over when instructed to do so.
I told him go ahead write up the ticket, I'm sure the judge would like to hear how I stopped the truck in the middle of a 2 way highway blocking 1 lane with 2 solid lines for no passing. Then if some 4 wheeler decided to pass, because I was at a complete stop while he was doing an inspection and gets into an accident I get sued because he told me to do so. When the regulations clearly state you must pull over when safe to do so.
So don't tell me that all DOT/MTO officers are fair and honest. The problem is todays drivers take it up the butt because they don't want to offend the officer.
My drivers had made mistakes in the past and will do so in the future. I fight for them because it's my job to believe in them and to stick up for them since no one else will. -
Back in the old days 20+ years ago...I broke all the rules! I ran "coast to coast" straight through regularly and when the speed limit was 55 nation wide I ran whatever speed I needed to to get the job done.
That was then...
About 20 years ago, I realized that running smarter was way better than running harder and I began changing my ways...Rapidly!
I have not had a speeding ticket in 20 years now, I have had 1 non chargeable accident in my 38 year career (I was hit by a drunk driver in 1984) I have never been cited for overweight or equipment issues because I don't allow anyone to overload me nor do I let anything on my equipment fall into disrepair.
I've never had a log book violation...Ever!
Even back in the days when I treated the log book like it was a joke!
Sounds to me like they "know" you pretty well up there....
There are some real peckerheads wearing badges these days! But if you have your shi+ straight, They won't bother you much!
However, If you have a reputation for "fudging a bit", they'll have a field day with you and your drivers.
CSA 2010 is going to be a real drag for guy that think they can just do it the way they've always done it...
I have said it before and I will say it again...We have brought this all on ourselves! -
What can you do?
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i guess the best thing to do would have been a trailer swap in buff if it was possible--and yes at buff alo and at port huron we are geese in a slaughter house for dot when coming back--after your driver got stopped the first time --he should have just went to truck stop and took 10
but its very easy for me to be armchair quarterback---i have been in the same position #### near every trip--and i have to commend you in having the decency to have a relief driver able to take load---i always had to tip toe back in past the super coop -
When leaving the court I shook their hand and told them see you next week. The old guys know me pretty well; its the young guns that seem to have something to prove.
The guy that pulled me over on hwy 8 gave me some trouble, until I walked into the MTO scale next day and he was suprised that most guys know me there by my first name.
I never yell or call anyone names. If I have an issue I always talk to them in a calm voice and respect. However there are times that you need to step up.
My problem with this DOT officer was that he walked around my truck looked at log book and let my driver go without filling out the road side inspection report. He found nothing wrong. However if he found something wrong I'm sure he would have gotten a ticket.
If he pulled him over 2 miles from the border and if he was out of hours that would be a different story.
You know what they say; Keep your friends close and your enemies even closer"
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You forgot the part where you told your driver you were calling the Marshal's, the Governor, and Barack to straighten that SOB out
Next time tell him to be legal and you would have nothing to worry about
Nah to easy
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