Warnings Vs. Tickets - NEVER ACCEPT A WARNING!?!

Topic 27027 | Page 1

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Marc Lee's Comment
member avatar

Got this from instructor in yard today...

He said he was stopped for speeding in IN. The LEO said he was giving him a warning. Hank was confident he was going 55 or less where the speed limit dropped. LEO said "You don't understand... I'm giving you a warning!" Hank insisted he wasn't speeding and added "I can fight a ticket. I can't fight a warning!"

It took him 3 trips to court. When he asked for the in-car video he knew they shoot, Keo said he didn't have anything. When he said "Well, I have some! " - (Veriha has forward and driver-facing DriveCams in all Power Units), the Judge viewed it and dismissed the case!

My take-away - NEVER accept a warning (as it goes on our DAC and can't be removed).

Anyone?

rofl-3.gif

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

PackRat's Comment
member avatar

I’m not sure about all warnings going onto the DAC. I got a written warning in NM in February of 2016 from a state HP CMV enforcement officer. This has never made an appearance on my DAC , and I get the one free copy of it each year.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Rick S.'s Comment
member avatar

I’m not sure about all warnings going onto the DAC. I got a written warning in NM in February of 2016 from a state HP CMV enforcement officer. This has never made an appearance on my DAC , and I get the one free copy of it each year.

Warnings "shouldn't" go ANYWHERE - unless they are issued by a SCALE HOUSE/DOT Enforcement official. Then they likely go on your PSP, and the companies CSA.

As far as "being obstinate" with an officer on a traffic stop (whether justified or not) - it can turn real ugly if the cop decides to RETURN THE FAVOR. No matter good you (think) you pre-tripped, something can be found (if they really want to). Even if it's bogus - who wants an ROADSIDE OOS on their PSP - and you certainly don't want to be explaining it to your DM or Safety Department.

Arguing with a cop - can get ugly for you REAL QUICK.

Rick

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

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.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Dm:

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.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

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.

Susan D. 's Comment
member avatar

Your company is who puts information on your DAC , plain and simple.

Citations and such go on your PSP and MVR.

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.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Dave Reid's Comment
member avatar

A warning won't go on your PSP - UNLESS the officer also does an inspection and puts the reason for the stop on the inspection report. The reason some (frequently company safety dept folks) give the advice to ask for the ticket instead is that you could try to fight the ticket, and if successful, you could petition to have the violation removed from the PSP and the company's corresponding record. If the officer gives a warning for the violation, there's nothing to dispute and both you and your carrier are stuck with the points for three years.

Got this from instructor in yard today...

He said he was stopped for speeding in IN. The LEO said he was giving him a warning. Hank was confident he was going 55 or less where the speed limit dropped. LEO said "You don't understand... I'm giving you a warning!" Hank insisted he wasn't speeding and added "I can fight a ticket. I can't fight a warning!"

It took him 3 trips to court. When he asked for the in-car video he knew they shoot, Keo said he didn't have anything. When he said "Well, I have some! " - (Veriha has forward and driver-facing DriveCams in all Power Units), the Judge viewed it and dismissed the case!

My take-away - NEVER accept a warning (as it goes on our DAC and can't be removed).

Anyone?

rofl-3.gif

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

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