Out Of State Inspection

Topic 34796 | Page 1

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Theresa V.'s Comment
member avatar

Hey everyone, I am actually a trucker's wife, and I have a quick question, my husband is an owner operator with this company in PA since 2021. Every year he got his DOT inspection not knowing that he needed a state because the state of PA wants their own. So, he gets pulled over and the officer tells him that he actually needs a state not a DOT. Officer said that the company cannot hold him accountable for it. So today he gets a call that the company received a fine in the amount of 500$ and that they will be taking it out of his check. Now can they do that? If not, what can we do about it?

Owner Operator:

An owner-operator is a driver who either owns or leases the truck they are driving. A self-employed driver.

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.

OWI:

Operating While Intoxicated

PJ's Comment
member avatar

There is not a clear cut answer based on the bare minium facts you outlined.

Whose authority is he running under??

Whose name is on the base plates??

Does he have a contract and what does it say about the matter??

As far as any statement by the officer, it has no bearing on the situation.

Every state holds owners responsible to follow their rules to operate and be domicilled in their state.

IF your husband leased onto a company and is operating under their DOT authority and under their base plate it is the companies responsibilty to ensure the vehicles are properly registered and following the states requirements.

Companies have contracts with the lesse’s spelling out what is what on both ends and normally want proof the rules are being followed. In this case the company should spell out who, what, were and when any required inspections need done, who pays for it, and who copies of the inspection report need filed with.

Start by reviewing the operating contract that may answer your question. Policy on this type of situation vary from company to company.

I could see something like this falling through a crack for a few months, but not several years. This should have been noticied by someone at that company a long time ago.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Old School's Comment
member avatar
I could see something like this falling through a crack for a few months, but not several years. This should have been noticied by someone at that company a long time ago.

I totally agree with this. Somebody doesn't understand their contractual obligations. I'm leaning towards you and your husband dropped this ball. Being an O/O includes a lot more responsibilities and obligations. Most people erroneously think it's the way to earn more money. It's really just a way to run a small business and deal with the obligations of regulatory requirements put upon trucking companies.

Honestly, what you're asking us, needs to be asked of the company you’re leased onto. You guys are getting your education after your graduation. That's like doing things the hard way.

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