Outside of authority

Discussion in 'Trucking Industry Regulations' started by SITADS, Jun 27, 2016.

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  1. Jun 27, 2016 #1
    SITADS

    SITADS Bobtail Member

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    Hello
    We are a small business with a hino 26' non cdl truck.
    Our driver was making a pick up in Michigan (we are an Ohio based company) and he was pulled over and cited with 2 infractions:
    1. Civil - No operating authority
    2. Misdemeanor - Motor carrier interstate fee violation

    We goofed on our paperwork and made it INTRASTATE and not INTERSTATE.

    Our company is facing some fees, which I am not overly worried with... I want to get this off my driver's record since he was unknowing of these issues.

    Looking for anyone who had experience with this or can recommend how we should move forward. We have to schedule a hearing in the next 10 days.

    Thanks for your help!
     
    SITADS, Jun 27, 2016
    SITADS, Jun 27, 2016
    #1
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  3. Jun 27, 2016 #2
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    First you need to correct the violations, then attempt to get them removed from records. Was ticket in co. name or driver's name ?
     
    Allow Me., Jun 27, 2016
    Allow Me., Jun 27, 2016
    #2
  4. Jul 2, 2016 #3
    SITADS

    SITADS Bobtail Member

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    Ticket was on the company and the driver.
     
    SITADS, Jul 2, 2016
    SITADS, Jul 2, 2016
    #3
  5. Jul 2, 2016 #4
    justa_driver

    justa_driver Road Train Member

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    Was it an actual ticket or was it an inspection report? I dont believe it will go on the drivers record? I could be wrong? I got an inspection out in Kansas and the only violation they got me for was against the carrier- they had not sent in their IFTA registration fees for the year. They put my name and the company's name on the inspection report but it never showed up on any of my records.
     
    Last edited: Jul 2, 2016
    justa_driver, Jul 2, 2016
    justa_driver, Jul 2, 2016
    #4
  7. Jul 2, 2016 #5
    SITADS

    SITADS Bobtail Member

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    Both are tickets. No inspection report was made.
     
    SITADS, Jul 2, 2016
    SITADS, Jul 2, 2016
    #5
  8. Jul 2, 2016 #6
    justa_driver

    justa_driver Road Train Member

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    The way it looks they are written against the company-based on the charges you listed above so I dont really see how it could go on his record unless he was the owner of the company?
     
    justa_driver, Jul 2, 2016
    justa_driver, Jul 2, 2016
    #6
  9. Jul 2, 2016 #7
    justa_driver

    justa_driver Road Train Member

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    Id do like Allow said and get it fixed before the hearing and talk to an Attorney. Maybe he can get it dropped altogether?
     
    justa_driver, Jul 2, 2016
    justa_driver, Jul 2, 2016
    #7
  10. Jul 2, 2016 #8
    Mikesee

    Mikesee Light Load Member

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    I figure the municipality you were sited in makes a living off writing up these 'administrative' violations. The enforcement officer who wrote up the tickets may not have been properly trained to inspect a CMV.
     
    Mikesee, Jul 2, 2016
    Mikesee, Jul 2, 2016
    #8
  11. Jul 2, 2016 #9
    SITADS

    SITADS Bobtail Member

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    That is great advice! We are uncertain right now about our registration to determine if we are for hire or not. We are not a moving company... the assets we handle we pick up for us to process/manage at our plant. We take possession of it since the organizations are disposing of the assets. Would we be required to get a MC number as well? The one issue was also the failure to pay the UCR Fee which I don't believe is required for us?

    Also the driver was just an employee.. I am trying to gather some of this forums experiences before we make the call to an attorney.
     
    SITADS, Jul 2, 2016
    SITADS, Jul 2, 2016
    #9
  12. Jul 2, 2016 #10
    justa_driver

    justa_driver Road Train Member

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    It would probably be better to talk it all out with the Attorney. He knows all the laws on such matters. Im pretty sure youd have to have a USDOT Number or something but Im not sure.
     
    justa_driver, Jul 2, 2016
    justa_driver, Jul 2, 2016
    #10
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