Log Violations...who pays?

Discussion in 'Questions From New Drivers' started by BROKENSPROKET, Jun 2, 2015.

  1. BROKENSPROKET

    BROKENSPROKET Medium Load Member

    675
    172
    Jan 22, 2011
    Wisconsin
    0
    I know that log violations go on both the drivers and motorcarriers records, but for the ones that carry fines, who is the fines assessed against? The Driver or the Motorcarrier?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Mudguppy

    Mudguppy Degenerate Immoralist

    1,657
    4,063
    Apr 28, 2014
    Wooley Swamp
    0
    Not to be a smartarse...But who violated your log, you or your carrier?
     
  4. 77smartin

    77smartin Road Train Member

    2,183
    3,021
    Apr 3, 2011
    I dunno.
    0
    So what did they get you for?
     
  5. BROKENSPROKET

    BROKENSPROKET Medium Load Member

    675
    172
    Jan 22, 2011
    Wisconsin
    0
    So, you don' know the answer to my question.

    It's hypothetical. I have heard of motorcarriers being fined 10's of thousands dollars from and audit. A friend of mine said his company was just fined over $40,000 for log violations .
     
    Mudguppy Thanks this.
  6. BROKENSPROKET

    BROKENSPROKET Medium Load Member

    675
    172
    Jan 22, 2011
    Wisconsin
    0
    I have not had a single log volation.
     
    BrenYoda883 and Mudguppy Thank this.
  7. Mudguppy

    Mudguppy Degenerate Immoralist

    1,657
    4,063
    Apr 28, 2014
    Wooley Swamp
    0
    In all honesty, no I don't really. I just assumed that it would be the driver if it was caught at a coop/roadside, OR the company if caught during an audit. Or possibly a mixture of both. Dunno.

    I just don't ride dirty (anymore) so no need for me to worry. YMMV.
     
  8. db2681

    db2681 Medium Load Member

    666
    249
    Jun 13, 2011
    Dayton,OH
    0
    Ur asking about 2 different things. Log violations are on the driver, if and when its roadside and there is a fine involved its on the driver. The company will get a fine if they undergo a DOT audit and they find a pattern of violations if its bad enough the carrier can be shutdown. The way a company stops this is by matching logs to fuel, gps data, elogs etc. In the end its all on the driver cause they will lose a job at some point over logs.
     
    Mudguppy Thanks this.
  9. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

    2,799
    8,985
    Dec 11, 2010
    West Monroe, La
    0
    My understanding is that if its on a DOT form, the company is responsible. Which is my experience. Every DOT violation I have received on a DOT report, I just took it to the office & they paid it. However, If there is like a speeding etc, I have known of companies charging you for it. As in taking the amount out of your check etc.

    In short, the company is legally responsible to the state for payment. However, some companies will charge you for some violations. I dont think you are legally bound to pay the company but they can fire you if you dont pay. Now, can they legally keep your check for payment? I don't know.
     
  10. otherhalftw

    otherhalftw R.I.P.

    13,081
    45,332
    Nov 18, 2008
    CA...gold discovery foothills
    0
    I think you are confusing a "mechanical" violation with the OP's question topic of a "log violation". There are some companies that give the driver a letter stating that the company (carrier) will be responsible for most maintenance issues with their equipment. But this is in relation to the vehicle(s) [tractor and/or trailer], not the log, both current and previous 7 days. Many, maybe most companies will "front the cost" of any ticket a driver gets, for the logical reason that the company needs to know that any unpaid citations could mean the shut down of a load if the driver fails to pay and comes up with a bench warrant from not paying the fine. It is also a requirement (FMCSA) that any driver reports any citation to his/her company within 10 days of receiving the infraction. As well, this reporting to the company does not admit guilt to the infraction, but the requirement to notify has been fulfilled.

    There is a specific section in FMCSA requiring carriers not only to monitor driver logs, but to show "counseling and punitive actions" regarding drivers that show consistent log or HOS infractions.
     
    pete1 and Grumppy Thank this.
  11. pete1

    pete1 Heavy Load Member

    Log violations are the single biggest threat to your paycheck. Whether you pay for them at the time or not. Guard your logbook like it was your baby. Any shippers dispatchers or receivers who even think about questioning me about HOS get the picture really fast. I'm not asking you; I'm telling you that I'm not #### with my logs. There are two many ways to get caught now. You can't hide anything.
     
    otherhalftw and average joe Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.