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Written by Wayne Schooling

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August 2003 DOT Increases Out of Service Penalties

Aritcle

Q: Is it a refusal to test if a consortium informs a motor carrier of a random test selection and the driver fails to show up for a test, because the motor carrier failed to inform the driver of the random test?

A: If a consortium notified a motor carrier that the carrier has a few drivers who need random testing and the motor carrier DOES NOT notify the driver of the test and the random test is never accomplished, it is not a refusal against the driver but it would be classified as a “FAIL TO TEST” against the motor carrier.

This category would show up on the biannual summaries as well as the annual summary of the motor carrier. This could possibly subject the motor carrier to thousands of dollars in fines. I can think of two or three violations right off the bat and at several thousand dollars each this could be close to $6,000 for each violation.

DOT Increases Out-of-Service Penalties
With the federal government in the red for about $455 million it comes as no surprise that they are going to crack down on safety violations to increase revenue as well as safety compliance. The six year $247 billion surface transportation reauthorization proposal includes tougher motor carrier penalties for our-of-service (OOS) violations and false records. The proposal would double current record keeping violations penalties to $500 for each day the violation continues with a maximum for each violation. Also, employers who “knowingly and willfully ignore OOD orders” could receive: 1) A year’s imprisonment or $100,000 fine or 2) If the violation resulted in death, a maximum $250,000 fine. Drivers who independently violate OOD orders would have increased penalties as well: For the first offense – from a 90-day disqualification and a penalty of at least $1,000 to a 180-day disqualification and a penalty of at least $2,500.00 For a second offense from disqualification of one to five years and a $1,000 minimum penalty to a two to five year disqualification and a penalty up to $5,000. The proposal also penalties carriers who “tolerate widespread regulatory violations, and when caught, declare bankruptcy” and then rename the business in an attempt to evade civil penalties. Further the U.S. Department of Transportation would be authorized to “ suspend, amend or revoke registration of for-hire carriers with a history of avoiding compliance or covering up non-compliance. It could also deny an application to register as a for-hire motor carrier if any of its proposed officers had been part of this pattern. Daily Safety Inspection is good business It is no longer enough for a trucking company to run a safe operation with good safe drivers and well-maintained vehicles. No matter if you are a one truck operation up to the big boys with thousands of vehicles. You all have one thing in common. You all have a huge financial stake in being able to demonstrate your dedication to safety to the satisfaction of government auditors – and possibly a judge and jury. What companies especially owner-operators and small carriers must realize is that they must protect themselves from costly judgements and/or state or federal fines. To be very realistic in today’s real world, your guilty until you prove yourself innocent. Now you say, “Hey wait a minute, that can’t be right – I watch Law & Order and all the rest of the cops shows.” Let me explain. First of all, if a truck involved in an accident it is a truck temporarily out-of-service and its cargo is delayed and/or damaged. However, if the accident involves another vehicle, especially a car, being able to show a solid safety record and utter compliance with all state and federal regulations could save millions of dollars in the event of a lawsuit, should the plaintiff’s lawyers charge you with engaging in or allowing unsafe practices. Yes, in today’s real world, the courts allow for what is called a “ presumption of negligence” in an accident lawsuit. A trucking company has to prove it has complied with all the regulations. In a case where defective equipment may have been involved if the trucking company cannot prove that government-mandated inspections were carried out, the plaintiff’s lawyer may be in the happy position of needing only to prove that the equipment in question did play a role in causing the accident. Now can you see why it is so important to do your daily inspections! Needless to say, drivers are not fond of performing pre and post-trip inspections and preparing reports on what has been done. Like it or not, each driver must report on every vehicle he operated that day, using the DOT'’ prescribed inspection format. The report must identify the vehicle, document any problems that could make the vehicle unsafe or result in a breakdown and specifically cover brakes, steering, lights, reflectors, tires, horn, windshield wipers, mirrors, couplings and emergency equipment. Then the driver must sign the report. The next driver to use the truck must perform a pre-trip inspection, satisfying himself that the vehicle is in safe operating condition. He must also review the last driver’s report and make sure any problems noted have been taken care of. Failure to perform these required inspections can cost a driver $2,500 and a motor carrier $10,000. Truck Show back in Anaheim It was just announced that the International Truck Show will be back at the Anaheim Convention Center next year but Trade Show Manager Roger Sherrard state he will continue to have his show, now called “The Truck Show” in Las Vegas at that city’s convention center.

The NorthAmerican Transportation Association is a nationwide association established to provide safety compliance services, insurance benefits and information to Private Fleets, Trucking Companies and Owner-Operators. We are the only association that provides our members with more FREE services and benefits than any other. For more information or details call (562) 630-7637 in California or 800 805-0040 or you can e-mail me at wayne@ntassoc.com  Remember, tell those who doubt your profession, " If you've got it ….A TRUCKER BROUGHT IT ! Until next month, " Drive Safely - Drive Smart ! "

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Wayne Schooling 
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