Equipment Violation...Who's Responsible?

Hello f2s and welcome to the forum. I really hope you mean you have been "lurking" this site, not "trolling" it. Two entirely different concepts!

As to your question, I'm surprised that they wrote an actual ticket, instead of just a "fix it" on this, but whatever. Keep in mind, that if it is YOUR information shown on the ticket, and it is...that YOU must make sure this is taken care of.

In other words, you have to be the one to either pay the fine, or make sure that the leasing company pays it. Because you are the one that it will come back on, as the operator of the truck at the time of the ticket being issued.

Now, as to who should pay for it? Well, you are leasing the truck. It is your responsibility to make sure everything is working. You do the pretrip, and you do the post trip, and you do the continual "eyeballing" of the rig every time you stop.

There is a certain point in time, when anything that doesn't work has gone from "it's working fine," to "aw crap, it don't work at all." And yes, it certainly can happen between the pre-trip, and the time you get inspected.

Keep in mind that this is just my opinion, but it seems to me, that it is your responsibility to pay the ticket. Even if you have a "full maintenance" lease with the truck. They could probably be talked into paying for the light bulb...

 

it's your baby

pa does not give warnings because there have been fatality accidents by operators that were given warnings and did not fix the vehicles

pay it or respond in 10 days from when you got the ticket or they will start the ball rolling to get your licence revoked

just part of doing buisness.......................... pay it and go on

 

You drive it, You inspect it, You get the ticket. Doesn't matter who owns it.

 

How I write my infractions:
If it is a pre-trip malfunction (tires, lights, load securement etc) that could/should have been fixed prior= driver gets it.

If its a mechanical violation (brake throws, cracked pads etc) that may have gone undetected by the operator= the carrier.

Either way I'm pretty fair about it!

 

If you keep the vehicle for more than 30 days you must maintain the periodic inspection and develop a maintenance file the same as you would for your truck.

See 396.3, 396.17, and 396.21 on the link provided. If your lease is for a single day and you have the vehicle for more than 30 days the rule still applies.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=396

Be safe.

 

I wish I could do it the way you do Trooper 1, but as it stands in my State, the driver gets all the tickets regardless of the violation. The only exemption is an overweight if the owner is present at the stop.

 

This is one of the main things that needs to be changed, same with HOS violations they should immediately be charged to the company, 9 times out of 10 it's their fault for giving their driver an insanely impossible schedule, I can't count the amount of times they screwed me..

Ofcourse I was adult enough to tell them if i couldn't legally make it, and get the appointment changed.. alot of newer drivers won't do that out of fear of losing their job they will take whatever the company gives them.

I think that having to shut down for 10 hours is punishment enough!

By the way your posts have been very informative Deislebear, and Mike MD, Thanks alot.