how to dispute an inspection report

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by DLJ, Mar 6, 2020.

  1. DLJ

    DLJ Light Load Member

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    basically one of my drivers was stopped , manual log book was correct except city names written on log b. where he stop , report was full of OOS and citation up to almot 2k $ , it was bs from the officer ,.any ways to make a report or do i need to get a lawyer to dispute it
     
    Last edited: Mar 6, 2020
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  3. theSoz

    theSoz Light Load Member

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    How the hell do you get the cities wrong? Driver didn't know where he was??
     
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  4. jammer910Z

    jammer910Z Road Train Member

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    You can log it correctly all day long, but if you don't accurately annotate the geographical location of your stopping points then it is a violation (manner and form/falsification).

    Running paper, you have to be more than vigilant because they're going to look harder.

    You can DataQ it yourself once the system updates in the database. (Usually a month or so)

    If the driver received citations, you'll stand the best chance of DataQ success if those citations are DISMISSED in court.
    There is where the attorney will be helpful.
     
    Last edited: Mar 6, 2020
  5. Brandt

    Brandt Road Train Member

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    How does one get the cities names wrong and 2k. Did he put like Los Angeles when he was in Compton or was it Seattle and just s mistake we was off by 1,200 miles. Ha ha That's a simple fix get them ELDs problem solved. You can add up your hours wrong on paper and that a violation.
     
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  6. Moose1958

    Moose1958 Road Train Member

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    A DOT officer is not supposed to place a driver OOS for a "form and manner" violation of 395 without giving the driver a chance to fix the log first. This is right out of 395.13 (b) (3). I can only imagine this driver has a serious problem with how to properly log. However, if that DOT officer was presented with a log with any mistakes on it, that DOC officer in most cases will make a case. Each day can be a separate case too. I recommend log training for the driver and you might want to consider hiring an attorney for the court case.

    Edited: Once that part 350 inspection data is submitted to the feds it's going to almost take an act of Congress to remove it. Especially if it is right. Even if you get the court case dismissed good luck with that part.
     
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  7. DUNE-T

    DUNE-T Road Train Member

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    My driver received a speeding ticket in MI, went to court, officer did not show up and ticket was dismissed.
    I just requested a Dataq review and after my inquiry was submitted, it said that request went to MI state police. So will they be the ones who make a decision?
    Curious how it will turn out, never used the DataQ before
     
  8. kee1227

    kee1227 Bobtail Member

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    Hello, did you ever get it removed? If so can you share how? Thanks
     
  9. DUNE-T

    DUNE-T Road Train Member

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    Yes, because local court dismissed the speeding ticket, DataQ was required to remove the violation from my company's record. Everything worked out good
     
  10. 11akash

    11akash Bobtail Member

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    Its usually tough but you can dispute it with DataQ but best bet that you have everything you need to back up why the officer was wrong.
     
  11. Pamela1990

    Pamela1990 Road Train Member

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    I still want to know how the driver didn't know what city he was in.

    If I was an officer, and a driver didn't know where they were, I would be alcohol and drug testing them.
     
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