Due Process & CSA2010?????

Civil... until you beat the "enforcer" to death!

 

Neither, I believe it is considered a violation of federal regulations and may technically be considered criminal actions.

 

Maybe it depends on how bad you were being at the time!

Boy, y'all in a heap o' trouble! Hit that 1000-point CSA limit, an y'all goin' away!

 

In our legal system it has to be either civil or criminal, we don't have a neither option. If you get in trouble you are either going to civil or criminal case.

Mark

 

I see, you are very fortunate to have got only one violation... so far... Therefore you support whatever punishment the government gives us, no matter how unfair, unreasonable and abusive it may be... Hummmm....

So you think that violations are always preventable and if we always do a good pre-trip inspection, log real, take care of our cargo, don't carry drugs or alcohol, keep our paperwork in order, obey traffic law, and never get involved in a crash we will never get a violation, right? Wrong.
Even if we are able to do all that, all the time, we are not immune, there's no guarantee we will never encounter some unfortunate circumstance that may end up costing us a ticket. Like they say, "S### happens...." Specially in this business.

By the way, do you know that according to this CSA 2010, if you get involved in an accident, even if it is not your fault, you will get points for that? I was never involved in any accident but think this law is totally wrong, it's absurd!!

 

The enforcement of FMCSA regulations can result in either civil or criminal penalties.

If a driver is cited by a state or local officer and an FMCSA regulation is referenced, it it probably because that state has incorporated the federal regulations into its statutes. In such a case the charge is criminal and the case will be adjudicated in a court with jurisdiction within that state.

When the FMCSA conducts a compliance review of a motor carrier operation and identifies violations it will usually be handled as a civil matter. The company will receive a "notice of claim" from the administrator of the FMCSA and will be required to pay a civil penalty (the procedures for such action can be found in Part 386). Serious noncompliance can also be referred to USDOT's office of inspector general and prosecuted as a criminal case in federal court.

 

I placed my trust in our shop ONCE. I had my truck and trailer in the shop for their annuals and they did a complete brake job on the trailer. The next day I did not crawl under it and check the brakes. They just did them in the shop along with my anuall inspection correct? Well I got down the road and pulled into a rest area for an inspection. Two slack adjusters on the trailer were out of spec.

Also as mentioned in one of my prior posts about lights. I have been dinged for tail lights. I always walk around at any stop I make and take a quick peek but you can not monitor them while moving down the road.

Last one was 2200 over axle on my back tridems. We load bulk(unpackaged or unbagged) potatoes at farmers yards and there are no scales in farmers yards to check weights. It is a quess at best to get everything axled properly. I usually load light as I don't want any worries. Well I got pulled into a scale just down the road from a loading point. WAs under my gross legal weight of 96,000 lbs Ie only 94,000 but I was 45000 on my tridems were I can only be 43000.

I got dinged about 6 years ago for a slight log violation in Iowa. My log times did not match the times according to the DOTs on board computer.

 

Due process will be handled via the court system. AFTER you've been terminated.

That comes from the latest response to the ATA, after they ask the same question.

 

That is correct!
After you been terminated cant Buy another job Lose your truck Lose your house Your wife leaves you takes the kids and the dog!!!
You wontl have any money to fight a legal battle.


So remind me what it was we were talking about? Oh yeah due process! That is only for people who don't drive truck!
That is our government hard at work, stealing oops securing our right.

 

Boy, you must live way out in left field......................

The company my wife works for will fire you, if you are CHARGED with a felony. The due process is for the government, not your employer, they do not have to give you due process.

There are a lot of companies that have such clauses in there contract. Trucking is not alone, just think about how regulated and controlled it is be a commercial pilot. They have far more bull crap to put up than a ruck driver.

Mark