Question about HOS Violation

Discussion in 'Trucking Industry Regulations' started by pypfm, Jun 29, 2021.

  1. pypfm

    pypfm Bobtail Member

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    Well... it happened to me today... Got pulled over for being in the wrong lane and got a Level III inspection.

    Here is the situation: During the inspection, the DOT officer had me "electronically submit" my logs to the FMCSA - this is on a PeopleNet Tablet. Now, I know that I was in HOS violation a couple of days ago near the end of my day - while looking for a place to park (everywhere was full!). BUT... DOT cited me for just the wrong lane violation -- and though he LOOKED at the logs, he DID NOT cite me for the HOS violation.

    So, my question is: Since the DOT officer apparently missed my DOT violation... does that mean that I am in the clear? And I ask this because, with the eRODS system the FMCSA is now using, that data (and my violation) has now been submitted to the FMCSA/DOT. Will the US DOT/FMCSA authorities be auditing my logs, asking my company for ALL my logs? What are my odds of being given a Federal FMCSA/DOT fine over this violation that the DOT officer missed?

    From anybody who has been through this RECENTLY (since the eRODS data transfer has been implemented), any info would be greatly appreciated! (especially if you are/were a DOT/FMCSA compliance officer/inspector).

    Thanks in advance for any and all insight!
     
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  3. Accidental Trucker

    Accidental Trucker Road Train Member

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    If it’s not on the inspection report, it didn’t happen.

    ELD reports sent in under “inspection mode” do not flag violations like the ELD does for the driver. The inspector either missed it, or thought it was insignificant.

    There will not be anyone else looking at your data unless you get inspected again within 7 days of the violation, or your company is audited within 6 months of the violation.
     
  4. pypfm

    pypfm Bobtail Member

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    Thanks for the info!

    Not to be a pain, but, may I ask how sure you are of this? (I'm so worried about this eRODS data transfer... I was throwing up at Norfolk Southern rail.... and had my FM cancel all my loads today)
     
    NavigatorWife Thanks this.
  5. Accidental Trucker

    Accidental Trucker Road Train Member

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    Very, very, very sure. But @ZVar or @Moose1958 can probably help save the day with chapter and verse of the regulations.

    And if FMCSA finds it? A HOS violation is not really that big a deal. Log falsification is a big deal. Just going over your drive time 20 or 30 minutes is not something you want to make a habit of, but it happens. Make a note at the time it happens with the reason (delayed by accident, unexpected traffic, breakdown delay, whatever the cause). Most inspectors will look at the note, and maybe ask for a receipt for the tire repair or some such, and let it go.

    Now, if you went four hours over your 11 to hit an appointment, yeah, that’s going to cost you some points if they catch you. But they didn’t catch you. Just run clean, and you’ll be fine.
     
  6. pypfm

    pypfm Bobtail Member

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    Heard. Thank you for your advice!
     
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  7. Moose1958

    Moose1958 Road Train Member

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    The DOT officer most likely did not miss your HOS violation. He already had you for the lane violation! Yes, there is a sliver of 1 % chance your logs might be audited by the FMCSA during a safety audit, but for now, you are OK.

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     
  8. pypfm

    pypfm Bobtail Member

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    Thank You, Moose!
     
  9. ZVar

    ZVar Road Train Member

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    And since I was mentioned also...
    The only reason the DOT officer didn't write up the HOS violation is because he didn't care about it. Likely he noticed you went over once, didn't try to hide it behind PC or whatever, and it was the end of the day so no harm, no foul.
    As for data retention, I guess they could technically go back and look at it, but it's never actually happened. I'm not finding anything about how long they can actually keep your erods. I know the carrier can be audited for 6 months, but that's on the carrier and not the driver.

    In a nutshell if you weren't written up for it at the time of inspection then you have nothing to worry about.
     
  10. pypfm

    pypfm Bobtail Member

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    Thanks for your input!
     
  11. wis bang

    wis bang Road Train Member

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    The Motor carrier is responsible to keep 6 months. In the paper days they did not look at the current [accumulating] month. Keep more than that and they could look at if, if they saw it and had the time to look. Most are under pressure to get in and out and didn't have the time.

    Also the need to document each violation. My auditor stopped well short of an exhaustive examination of every OTR diver because she had enough to prove we needed to be fined

    OP the inspector did not see what he was looking for, consistently repeated violations. No 'red flags' and he recorded the violation in hand and done; he did his job..

    Unless your carrier gets audited within the next 6 months, nothing will ever happen. Since it is just one violation [so far] your are taking this too hard; stuff happens.
     
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