Need dot consultant? Dot advice

I agree, Is the scale open, Well it does not matter till you can read the sign. Another useless question just for the chance to talk I suppose.

 

To the two DOT wise ones,
I am glad you, both are hear. My story, I under went a dot inspection, recieve some violations.. all were marked "not" OOS. After I left, the report, that is uploaded to the FEDS, was changed to reflect 1 OOS violation. Last month I recieve a legit OOS from WA. But saftey counted this as my second one.. and placed on suspension for 45 days. I contacted AZ on the alledge first fictional OSS. It was confirmed as "now" being OSS. I have copies of both reports, the one I signed at time of inspection and the second one which was forwarded to the FEDS. I was told the inspector commited a crime,false changing a Federal Document. Is this inded true, or can it be legal to change a report and place on OOS , with out the drivers knowledge ? Looking forward to an educated reply, thanks...

 

Well I'm no DOT officer but you better talk to a lawyer, because yes that is illegal.

 

Well, that is a first for me. I have never known someone to change a report from non OOS to OOS. The only scenario I can think back to was a few years ago a civilian employee, who is no longer employed, conducted a inspection. Well 3 months prior to that inspection, he inspected the same driver, and vehicle. So what this genius did was open the "old report", change the date, there were no violations either time and change the end date. Well there would have been no problem, but the reports have a unique identifying number like DB002400250. So when three months has passed and the report numbers are not matching the other ones uploaded to the system it throws a red flag. After the investigation was completed as to what happened, the employee resigned before termination. My commanders looked into the possiblity of having him charged under State law for tampering with an official document or something along those lines. After consultation with the State's Atoorney General they decided against criminal charges. There was no malice or criminal intent. Now from the sounds of your scenario, I'm not so sure. You say the report was done in Arizona? Have you conacted the Agency that did the inspection? Have you contacted the officer's supervisor? I believe you may want to contact them first to seek a remedy. Now if you get no satisfaction I may go the lawyer route. The lawyer route takes money and you may have to put out a lot of money to get the same result you can get from doing the calling or writing yourself. The reports we use are actually State reports that are uploaded to SAFER. The program is from the fed's but each State makes the report their own. Just look at the upper left hand side of the report. You will see California Highway Patrol, Arizona DPS, Texas DPS, South Carolina Transport Police etc. I look at all different reports, like Georgia's, they have a block that ask was the CDL checked? Other State's do not.

I have had reports that had to be changed, but the driver was either still on the lot, or I chased him down to do it. But that is very rare. I did have a suspended driver a while back. I sent the request via the computer, computer was very slow at responding, after 30 minutes I cut the driver loose. Few minutes later it came back that he was suspended. Restopped the driver, informed him of the problem. I obtained the first report I gave him, and had him sign the "new" report. No problem doing it that way.

If it were me, I would call the Agency in Arizona that conducted the inspection and go from there. Have the Agency contact your people and explain what happened and maybe rectify the problem.

 

I have a problem. The company I work for is laying me and several other drivers off due to lack of work at my terminal. Another terminal with our company is offering me work. I live 72 miles from my present term. and 86 miles from the new terminal. The HR dept says I now live too far away to go to the new terminal. In fact I live too far away to be hired at my present terminal. With 32 yrs exp.with no chargeable accidents and 1 moving violation in the past 14yrs. And with 7 yrs of a super work record with this co. I am shocked. They are worried about liability and fatigue. Would it be legal for me to offer to log my 1 1/2 hr commute on duty not driving to alleviate this as an issue.
If so what are the statues governing this. Thanks

 

I have a question for you DOT guys....

I live in AZ and have a friend who drives his own truck. He says he does not have to run a log book cause he is less than 100 miles from where he picks up in Phoenix to where he delivers in Flagstaff...I understand that part...but he makes two trips to Flag a day. He leaves the house north of Phoenix at about 3AM and he dont get home till between 6-8PM how is this legal??...he says it is and he is fine...i just dont think so. He pulls an end dump if that makes any difference. He says his time dont start till he loads in Phoenix and it stops when he unloads the backhaul he brings back from Flag.

 

He's wrong all the way around. Here's the exemption for local short haul driver's. No one is exempt from hours of service. He needs a log book because he does not return to his normal work reporting location within 12 hours. He's over his 14 hour window as well.

e) Short-haul operations
(e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:

(e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;

(e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

(e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

(e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or

(e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

(e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(e)(1)(v)(A) The time the driver reports for duty each day;

(e)(1)(v)(B) The total number of hours the driver is on duty each day;

(e)(1)(v)(C) The time the driver is released from duty each day; and

(e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

 

Thanks Dieselbear...I knew I was right. Now to convince this 70 year old trucker he is wrong and gonna be in hot water if he gets checked.

 

Good day and thank you in advance for your answers.
Is there a definition for a legal dispatch? At what avg speed can one be dispatched? Can a company require that you drive 11 straight at maximum posted speed limits after a required pti?

 

Would you be driving your car or their truck? Do you run a log or claim the short haul exemption? If your logging, your 14 hour clock may restrict some long runs and the distance you can achieve before having to shut it down. Go to www.fmcsa.dot.gov

Then go to Rules and Regulations. Click on Part 395- Hours of service. Has the regulations there. Also if your back at fmcsa home page, look in the top portion of the web page and you will see "Hours of service." Click that. Scroll down to HOS Reference materials. Click the "Interstate Truck Drivers guide to HOS" Very good packet of information that breaks it down to where normal people can understand legal jargon. Also has logbook examples shown there.