Government over reach

Discussion in 'Ask An Owner Operator' started by bigguns, Mar 20, 2019.

  1. bigguns

    bigguns Road Train Member

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    I wasn’t sure where I wanted to post this but I feel it is best here because it is something I think that owner ops especially need to hear. I am leaving it slightly vague to protect me. I will do an update or updates as is necessary.

    I was notified of my new entrant audit months ago. I sent by email all the documents required to the provided address. Last week I got an email
    from the state officer who will complete the audit.
    That person has requested my total mileage for the 2018 AND my income. Really?

    I was leased to a carrier from Jan. 01 to say April 30. My exempt for hire ran May 01 to current. I sent the mileage for my operation ONLY as I was leased the first 4 months of the year to a carrier. Those miles are under their authority and ifta.

    I feel I have given them all they are entitled to. The income info is a definite no imo. I will be seeking professional advice in addition to TTR advice. Your thoughtts?
     
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  3. DL550CAT

    DL550CAT Road Train Member

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    They need to know how much you make so they know how much they can take.
     
  4. DUNE-T

    DUNE-T Road Train Member

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    That's weird, I have not been asked that
     
    Rideandrepair and bigguns Thank this.
  5. Ridgeline

    Ridgeline Road Train Member

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    is this your personal miles and income as a driver or as an owner?

    I got a transfer audit a while back that the examiner required my logs for my temp work, I waited until he appeared and asked for them and I told him I don't have any, so he asked for my customer list and I told him that's confidential because I worked for a company that employed me and has nothing to do with the audit of the authority I bought. He wasn't happy.
     
  6. Long FLD

    Long FLD Road Train Member

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    I don’t see how income has anything to do with the FMCSA.
     
  7. x1Heavy

    x1Heavy Road Train Member

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    The income he can extract from your tax returns NEXT YEAR after you filed them.
     
  8. Humblepie

    Humblepie Pontificator

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    It is common. Seems like they asked for mine, but that was 10 years ago iirc. I think it’s to make sure you are not a part of a money laundering scheme. Jmo
     
  9. KB3MMX

    KB3MMX Road Train Member

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    They keep pushing for more and more as long as they're not challenged.

    Government is like a metastasizing Cancer , it never just pauses ... It keeps trying to grow and grow , killing everything in its path.


    I'd like to see where FMCSA has the authority to see any income or customer information....

    ... Like some sort of corrupt secret police with an unlimited mandate

    .
     
  10. TallJoe

    TallJoe Road Train Member

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    I was asked that on my audit too - mileage and revenue. I did not make a big deal out of it. They just collected some statistical data. He did not make a big deal out of my then paper logs either. He could have requested all fuel receipts or tollways registries and at least had me sit there for awhile longer.
     
  11. Midwest Trucker

    Midwest Trucker Road Train Member

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    The officer is probably “thinking about buying a truck” and wants to know how many riches he can make. lol
     
  12. brian991219

    brian991219 Road Train Member

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    eCFR — Code of Federal Regulations
    File Carrier Financial and Operating Statistics

    49 CFR Part 369 is where they get the authority to request income and tonnage information during your audit. They ask the income question to determine what class of carrier your operation is based on annual income. If your income exceeds certain limits you then become required to submit annual reports of revenue and tonnage.

    They can also require a carrier that does not meet the threshold of reportable income complete and submit the worksheet used to calculate the level of reportable income. See 369.2(5)

    These are routine questions, although note that they will make this publicly disclosed information unless you request, and document a business need, for the data to remain confidential.

    Is this overreach, in my opinion yes, since they do not collect or correlate this income data to a safety purpose, therefore it should be outside the scope of their authority since their mission is safety.
     
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