FMCSA investigation due to ELD violations? What to expect?

Discussion in 'Trucking Industry Regulations' started by dztruck, Apr 27, 2021.

  1. not4hire

    not4hire Road Train Member

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    It shows the regulators that you are trying to run a clean operation, that you recognize you've made mistakes and you are taking steps to correct the problems... before being told to do so. That typically works well in your favor. Actually admitting you are aware of the problem (now you are, but you weren't before because knowingly operating in breach of the rules is not looked at kindly) is typically better than pleading ignorance.

    Using a third-party regulations/HOS auditor is just like using an accountant to do your books and taxes. Sure, you can do them yourself, but...

    As mentioned, you didn't break laws, so the penalties are not criminal, but the FMCSA can assess hella civil penalties.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    You miss the point, it isn’t about saying you don’t make the mistake but how are you going to ensure that you won’t make that mistake again or limiting them.

    You record is tarnished, one oos is bad, two is really bad.
     
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  4. Dynames

    Dynames Medium Load Member

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    The American Revolution was not only illegal, but treasonous.
     
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  5. REO6205

    REO6205 Trucker Forum STAFF Staff Member

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    And that statement has absolutely nothing to do with the topic of this thread.
     
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  6. Dynames

    Dynames Medium Load Member

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    OP, they will conduct an audit. Depending on the amount of, and also the degree of, these numerous violations you claim you have they could possibly suspend your authority, place you on a probationary period (usually 1 year) in which they will conduct follow up visits, or a combination thereof. There could be fines as well.

    When whoever you spoke on the phone with said it would be more for education, they mean they want to guide you in establishing some form of safety protocols or programs. Something tangible that you can report with like driver education programs, equipment checklists, etc.

    It’s kinda hard to tell how deep they’re gonna have to go without knowing the particulars, but there is not a whole lot that they haven’t seen or dealt with. Be honest, open and available and that’ll help more than you’d know.

    To be fair, neither did the reply that amounted to “don’t burn your hand in the fire”.
     
  7. TallJoe

    TallJoe Road Train Member

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    When I read you posts, I can see that you are the best encyclopedia of FMCSA regulations but you are detached from reality. Do you even go over the road at all? Anyone who has something against HOS is either a falsifier or a law breaker, or at best someone who is not up to do this job. Was it a communist mega carrier, perhaps Swift, that indoctrinated you to this level? I could argue all day long that for the most part HOS, defined by people who are exactly detached from reality, do promote driving while tired. There is no solution to driving while tired or driving while destructed other than everyone's own sense of responsibility.

    Maybe, there was a filthy and full truck stop, the guy had 1 hour to go home, so he did. I don't blame him for it and I would do that too, in a heartbeat. He did not kill nor injured anyone in the process, perhaps he was not even tired. Would it be more legal to take rest on an exit ramp in that case? Maybe he was sloppy and got caught but it does not mean he did something questionable on moral grounds.
     
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  8. ZVar

    ZVar Road Train Member

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    If you are so piss poor at your job, that after several times getting caught running over hours, you still do it you might not be the best example of someone who can do the job. While he refuses to say how many times he's been caught, FMCSA doesn't do an audit on the first, or even second offence.

    Simple fact is people who run over hours are more likely to be involved in a wreck. So yes it offendes me this piss poor driver is willing to put my family's life at risk because he refuses to do his job correctly. If he wants to go work on his own land for 100 hours straight, I don't care. When he gets on the road with my family, it becomes my business.
     
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  9. Badmon

    Badmon Medium Load Member

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    Seriously tho chief, who brainwashed you?? When the men who paved the way for us in the very beginning of this industry were getting things done, thats what they did. Git r done. Now we have guys like you defending the people making the rules who know absolutely nothing about the real intricacies and ins and outs of this business. They aint out here in the trenches with us, never will be, and youd likely defend them and what they stand for with your life if need be. Again i ask, who brainwashed you???
     
  10. TallJoe

    TallJoe Road Train Member

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    You have to much faith in HOS having anything to do with safety on the road. We've got ELDs now and for the most part it is safe to say the over the hours violations, at least those egregious ones, are reduced to minimum but do people drive less fatigued? I would not be so sure. I'd be worried more about people holding their phones, watching videos, tailgating. I'd be more worried about mega carriers releasing their solo drivers prematurely and how the states issue their licenses.
    Whether or not I log that I am off duty or in the sleeper before I go home is irrelevant to the safety on the road.
     
  11. ZVar

    ZVar Road Train Member

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    I have faith in data. The data shows that the longer someone is working, the more accident prone they are. This isn't faith or any such intangible. It's cold hard fact.
    This also isn't someone that decided to go over hours once. This is someone who does it so often he's been caught several times. It's also someone who refuses to take responsibility for what he did, blaming it on the ELD instead of his lack of planning.
     
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