Who Paying Violations... Driver Or Company?

Topic 26428 | Page 1

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Noel R.'s Comment
member avatar

I work for a small company and keep finding trailer with expired DOT inspection stickers on the trailers along with no trailer registrations. To the point where I don’t want to take them out on the road anymore. I’m guilty of doing so in the past. Because I’m so new to this trucking world who is responsible for paying these violations if I do happen to get inspected? Thanks for any feedback.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

G-Town's Comment
member avatar

Noel, fines not withstanding; if you knowingly run with a trailer out of compliance with inspection and/or registration, and you happen to be involved in an accident of any kind? You will be held accountable and possibly face criminal and/or civil penalties.

You have the right if final refusal to take a trailer like you described into a public road. Once you have made that choice, you are assuming a large degree of responsibility.

Not worth the risk.

OWI:

Operating While Intoxicated

Bruce K.'s Comment
member avatar

G-Town's advice is spot on. Why work for an employer who is bending the rules, basically lying, and putting you at risk???? All the major truck lines will never do that. They want to avoid the fines as much as you do. You might want to seriously consider driving for a company with well maintained equipment sooner rather than later.

Cornelius A.'s Comment
member avatar

The company is responsible for paying these violations and it affects their safety scores big time... making it almost impossible for them to get insurance , here is an example as to how the company gets affected because any failed inspection is linked to their DOT and not the driver's driving record: Thank you for the new business submission. Regret I must decline due to rapid growth, conditional rating eff 5-6-19, 5 severe violations w/2 drug violations (1-19-19 & 2-26-18) and 9 DOT reportable accidents not on loss runs.

Unfortunately xxx will not back off of their declination. They will want to see the account show significant signs of continuous improvement before considering.

I do have into xxx for consideration but unfortunately xxx will not consider due to their safety scores are still tough at this point and there are a lot of unique VIN #’s inspected – much more than the 31 units they are running. They also have a very high driver turnover/new hire percentage so at this point xxxx may be our only option. I will advise as soon as I hear back from them.

it affects them a great deal

I work for a small company and keep finding trailer with expired DOT inspection stickers on the trailers along with no trailer registrations. To the point where I don’t want to take them out on the road anymore. I’m guilty of doing so in the past. Because I’m so new to this trucking world who is responsible for paying these violations if I do happen to get inspected? Thanks for any feedback.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

G-Town's Comment
member avatar

The company is responsible for paying these violations and it affects their safety scores big time... making it almost impossible for them to get insurance , here is an example as to how the company gets affected because any failed inspection is linked to their DOT and not the driver's driving record: Thank you for the new business submission. Regret I must decline due to rapid growth, conditional rating eff 5-6-19, 5 severe violations w/2 drug violations (1-19-19 & 2-26-18) and 9 DOT reportable accidents not on loss runs.

Unfortunately xxx will not back off of their declination. They will want to see the account show significant signs of continuous improvement before considering.

I do have into xxx for consideration but unfortunately xxx will not consider due to their safety scores are still tough at this point and there are a lot of unique VIN #’s inspected – much more than the 31 units they are running. They also have a very high driver turnover/new hire percentage so at this point xxxx may be our only option. I will advise as soon as I hear back from them.

it affects them a great deal

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I work for a small company and keep finding trailer with expired DOT inspection stickers on the trailers along with no trailer registrations. To the point where I don’t want to take them out on the road anymore. I’m guilty of doing so in the past. Because I’m so new to this trucking world who is responsible for paying these violations if I do happen to get inspected? Thanks for any feedback.

double-quotes-end.png

Cornelius...the point is:

HE SHOULD NOT BE TAKING THESE TRAILERS OUT ONTO PUBLIC ROADS !!! Technically they flunk a PTI.

You will NOT convince me that his status of "driver only" absolves him of accountability and/or fiduciary penalty. I'd hate to see the outcome if he were to turn a blind-eye and let the chips fall where they may.

If his employer insists, he should look for other employment.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Cornelius A.'s Comment
member avatar

I understand Trucking Truth is about telling the Truth and the Truth is that I deal with a lot of Small trucking companies , about 15 from different states across the continental US and pull hundreds of CDL MVRs every month so I know which violations affect the driver and which ones affect the company... does it mean that it is right to roll with some equipment that is not up to date? NO .... That violation will follow that company like a piece of hot cake and it takes 2 years for it to fall off their DOT record.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

Rob D.'s Comment
member avatar

Please see the below regarding driver requirements involving inspection of commercial motor vehicles.

While the general inspection and registration requirement falls on the motor carrier, it is clearly the driver's responsibility under the regulations below to ensure compliance of the equipment with the regulations.

I'll defer to the experienced drivers, but IMHO, an expired safety inspection gives LEO a reason to pull you over and guess what he's gonna try to find?

FMCSA Regulation 392

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Rob T.'s Comment
member avatar

double-quotes-start.png

The company is responsible for paying these violations and it affects their safety scores big time... making it almost impossible for them to get insurance , here is an example as to how the company gets affected because any failed inspection is linked to their DOT and not the driver's driving record: Thank you for the new business submission. Regret I must decline due to rapid growth, conditional rating eff 5-6-19, 5 severe violations w/2 drug violations (1-19-19 & 2-26-18) and 9 DOT reportable accidents not on loss runs.

Unfortunately xxx will not back off of their declination. They will want to see the account show significant signs of continuous improvement before considering.

I do have into xxx for consideration but unfortunately xxx will not consider due to their safety scores are still tough at this point and there are a lot of unique VIN #’s inspected – much more than the 31 units they are running. They also have a very high driver turnover/new hire percentage so at this point xxxx may be our only option. I will advise as soon as I hear back from them.

it affects them a great deal

double-quotes-start.png

double-quotes-start.png

I work for a small company and keep finding trailer with expired DOT inspection stickers on the trailers along with no trailer registrations. To the point where I don’t want to take them out on the road anymore. I’m guilty of doing so in the past. Because I’m so new to this trucking world who is responsible for paying these violations if I do happen to get inspected? Thanks for any feedback.

double-quotes-end.png

double-quotes-end.png

double-quotes-end.png

Cornelius...the point is:

double-quotes-start.png

HE SHOULD NOT BE TAKING THESE TRAILERS OUT ONTO PUBLIC ROADS !!! Technically they flunk a PTI.

double-quotes-end.png

You will NOT convince me that his status of "driver only" absolves him of accountability and/or fiduciary penalty. I'd hate to see the outcome if he were to turn a blind-eye and let the chips fall where they may.

If his employer insists, he should look for other employment.

I agree with Gtown. The driver is ultimately responsible for determining that the vehicle they're operating is safe and legal. It's part of the pretrip for Goodness sake. The driver may not have it go on their record but they should be the one that pays the ticket.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Cornelius A.'s Comment
member avatar

Unfortunately the small outfits are more interested in churning the miles than keeping up with their equipment. I plead with them to make it mandatory for their drivers to inspect their vehicles but it falls on deaf ears. I have given them the link to Daniel B's pre-trip but they are more interested in running the truck to the ground until their insurance cost catches up with them then they suddenly start acting all surprise. They don't realize that the those failed inspections makes the insurance company see them as a fatality claim waiting to happen. company A: 33 trucks ... premium: $700k why? Too many OOS out of 100 inspections ,80 with violation Company B: 100 trucks .... premium: $680k why? very low OOS out of 200 inspections , only 25 with violation

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Rob T.'s Comment
member avatar

Okay.......it is still the drivers responsibility. Nobody can force a driver to drive unsafe equipment. The day I'm told to drive something that would put me OOS is the day I hand my keys to them. My safety, license and safety score are far more important to me than the inconvenience of being out of work a couple days until I can get into orientation at a more reputable company. Cornelius it is nice having you around to give another perspective with how knowledgable you are regarding insurance but at times you're providing much more information than they're asking about and the thread gets way off base from what they wanted to know and just confuses them. He wanted to know about who is responsible for the ticket and you went on about it goes on their safety record. Not the driver.

The company I drive for (as well as the megas) is VERY good at fixing equipment issues immediately. The problem is they're not able to fix something that hasn't been addressed. The group of drivers at my company are great, however I have had a couple lights out that have been overlooked. Is it my companies fault my truck didnt pass the pretrip even though they weren't made aware of it? If I leave knowing my lights are burned out and I'm issued a ticket should my company pay for that even if they weren't made aware of it? It's no secret small companies cut corners, which is 1 of the many reasons why we feel the megas are the best carriers to drive for. If they're not inspecting their vehicle I hope they continue to get put OOS and eventually end up out of the industry. There are far too many lives at stake due for a driver to be too lazy to spend 15 minutes checking their truck.

OWI:

Operating While Intoxicated

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

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