Got Issued A BOGUS Violation Today

Discussion in 'Trucking Industry Regulations' started by GoldDot40, Dec 26, 2018.

  1. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    West Monroe, La
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    I say write a report, have the mechanic replace the hose & send the hose to the state along with these pictures & the DOT officers inspection report.


    Or.....

    save the hose for a court date. In any case, replace the hose for your defense case.
     
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  3. GoldDot40

    GoldDot40 Light Load Member

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    Jul 20, 2018
    Athens, GA
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    I say you don't have a CLUE what you're talking about. You know what they say about assumptions...

    For the record. I've been pulling this trailer for THREE years...it's been pre-trip AND post-trip inspected somewhere in the neighborhood of 783 times each. It's a fuel tanker...and rarely gets dropped.

    So...coincidentally, I had a brake chamber go bad on the trailer Thursday...the very next day after the failed inspection. It was on the other axle and even on the opposite side. So the trailer had to go to the shop regardless. We had 15 days for the violation to get corrected, the inspection report signed by the tech who did the repair and sent to the state.

    The mechanic saw the exact same thing I did. Said he was baffled that the officer mistook peeling electrical tape for outer lining since it's not even the same texture or material. He removed the rest of the tape and inspected closely for any leaks...NONE. The hose is actually in great shape. He noted his findings and signed off on the report. I sent it all to my safety man and terminal manager...I'll let them handle it however they want going forward.

    The mechanic also replaced the leaking brake chamber and fixed another TINY leak on a valve screwed into one of the air tanks that was not audible whatsoever unless you were laying on your back with your ear almost touching it. Nobody likely would have ever found it on a typical inspection.
     
  4. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    To say that an inspection by a DOT officer is a subjective circumstance is the understatement of the century.
    I had one PA State Police officer be quite candid about one of my tail lights working intermittently one time. He said see if you can wiggle the wire. Writting you up would be a cheap collar, cop speak for unnecessary enforcement.
     
  5. Hulld

    Hulld Road Train Member

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    Upstate NY
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    I have seen many brand new trucks and trailers with brake lines that have a tape like tag hanging of them where they thread in to the brake chamber.
     
    GoldDot40 Thanks this.
  6. miszel

    miszel Light Load Member

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    Aug 17, 2016
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    I have been put oos in az for faded colors on air hoses its just part of trucking that is all
     
  7. Inspector

    Inspector Bobtail Member

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    Dec 21, 2013
    Upper Plains
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    The Inspector should be following CVSA OP Policy 15, when it comes to chafing air lines. You can DataQ the violation through the fmcsa website. If you decide to dataQ the violation, make sure to send supporting documentation (pictures, etc.).

    CVSA OP Policy 15:

    (2) When should air hoses not be documented as a violation for chafing?
    ANSWER:
    A violation should not be recorded until a reduction of the hose
    diameter is observed. It is not a violation if the hoses/lines rest on, or lightly rub
    on vehicle components. A hose that is found to have a reduction in diameter but
    is no longer chafing does not constitute a violation unless damage extending to
    or through
    the outer reinforcement ply is observable; when damage extends to or
    through the outer reinforcement ply a violation will be recorded (thermoplastic
    nylon tubing that is discoloured or faded but not damaged, is not a violation).
    NOTE:
    If inspectors observe air hoses/lines that appear to be resting on or lightly
    rubbing on vehicle components, but no observable reduction is present,
    inspectors should educate the driver that this is a condition that, while not in
    violation, is a condition that could lead to
    a violation/OOS condition in the future
    and make comments in the notes only, if so inclined.
     
    25(2)+2, Termite20 and HopeOverMope Thank this.
  8. starmac

    starmac Road Train Member

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    Fairbanks Ak
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    Funny a couple of you guys automatically thought of New Mexico, I used to repair lots of violations at the San Jon scales. I could tell you hard to belive stories going both ways.
     
  9. Random truck guy

    Random truck guy Bobtail Member

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    Nov 6, 2018
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    Hope the driver got his safety guy to dataQ. The inspection. It's easy. It's free. And if it's legit then the violation is removed.
     
    Cattleman84 Thanks this.
  10. Cattleman84

    Cattleman84 Road Train Member

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    If the Data Q is successful... When you data Q something it goes right back to THE SAME officer that wrote the violation to begin with.
     
    roshea and boxerpupsrcool Thank this.
  11. Random truck guy

    Random truck guy Bobtail Member

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    Nov 6, 2018
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    That would be incorrect, officers that handle the dataQs would be a diffrent group then the inspector, they would probly contact the inspector for there two cents on the inspection but they wouldn't be the one handling it.
     
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