Knowledge check: DOT enforcement

Knowledge check: DOT enforcement

How would you handle the results of this roadside inspection?

Scenario: You are the safety director for a regional for-hire trucking company. One of your drivers, Jim, shows up in your office and says he underwent a roadside inspection yesterday. Unfortunately, he says he lost the inspection report, but the good news is he wrote down the violations he was cited for. In addition to two broken lights — which he repaired on the road — he says he was cited for not having current logs, which was written up as a violation of 49 CFR 395.8(f)(1). He argues that you need to fight the citation because the officer didn’t give him time to make his logs current. “It’s a bogus citation because they’re supposed to give me 15 minutes to bring my logs up to date,” he says. He urges you to act right away to clear his record. What would you do in this situation? Is Jim right?

Knowledge check: DOT enforcement: Answer

Answer: Jim is incorrect. Drivers may properly be cited for not having their logs current to the last change in duty status, and enforcement officials are not required to give drivers 15 minutes to update their logs. However, according to 49 CFR 395.13(b), drivers should not be placed out of service if their logs for yesterday through today are not current, so long as those drivers bring their logs up to date at the time of the inspection.

In this scenario, after explaining to Jim that the citation was probably legitimate, one of your first steps should be obtaining a copy of the inspection report. If Jim truly lost the report, you can use the online DataQs system to request a copy from the enforcement agency. Once you verify the citations, you should take steps to prevent them from happening again. You should coach Jim on:

The need to keep his logs current. According to 395.8(f)(1), records of duty status must be “current to the time shown for the last change of duty status.”
The need to conduct thorough pre-trip inspections (392.7). Broken lights are easy to spot — for drivers and enforcement officers alike.
The need to turn in his inspection reports. Under 396.9, drivers must turn in their inspection reports “upon . . . arrival at the next terminal or facility,” or must mail or transmit them within 24 hours.

enforcement-dot

Enforcement - DOT

InstituteFleet SafetyOut-of-service criteria - Motor CarrierEnforcement - DOTFocus AreaWhat Would you Do QuestionsEnglishRoadside InspectionsAnalysisTransportationUSA

        Knowledge check: DOT enforcement
    InstituteFleet SafetyOut-of-service criteria - Motor CarrierEnforcement - DOTFocus AreaWhat Would you Do QuestionsEnglishRoadside InspectionsAnalysisTransportationUSA
How would you handle the results of this roadside inspection?
Scenario: You are the safety director for a regional for-hire trucking company. One of your drivers, Jim, shows up in your office and says he underwent a roadside inspection yesterday. Unfortunately, he says he lost the inspection report, but the good news is he wrote down the violations he was cited for. In addition to two broken lights — which he repaired on the road — he says he was cited for not having current logs, which was written up as a violation of 49 CFR 395.8(f)(1). He argues that you need to fight the citation because the officer didn’t give him time to make his logs current. “It’s a bogus citation because they’re supposed to give me 15 minutes to bring my logs up to date,” he says. He urges you to act right away to clear his record. What would you do in this situation? Is Jim right?  
Knowledge check: DOT enforcement: AnswerAnswer: Jim is incorrect. Drivers may properly be cited for not having their logs current to the last change in duty status, and enforcement officials are not required to give drivers 15 minutes to update their logs. However, according to 49 CFR 395.13(b), drivers should not be placed out of service if their logs for yesterday through today are not current, so long as those drivers bring their logs up to date at the time of the inspection.
In this scenario, after explaining to Jim that the citation was probably legitimate, one of your first steps should be obtaining a copy of the inspection report. If Jim truly lost the report, you can use the online DataQs system to request a copy from the enforcement agency. Once you verify the citations, you should take steps to prevent them from happening again. You should coach Jim on:
The need to keep his logs current. According to 395.8(f)(1), records of duty status must be “current to the time shown for the last change of duty status.”
The need to conduct thorough pre-trip inspections (392.7). Broken lights are easy to spot — for drivers and enforcement officers alike.
The need to turn in his inspection reports. Under 396.9, drivers must turn in their inspection reports “upon . . . arrival at the next terminal or facility,” or must mail or transmit them within 24 hours.
How would you handle the results of this roadside inspection?
Scenario: You are the safety director for a regional for-hire trucking company. One of your drivers, Jim, shows up in your office and says he underwent a roadside inspection yesterday. Unfortunately, he says he lost the inspection report, but the good news is he wrote down the violations he was cited for. In addition to two broken lights — which he repaired on the road — he says he was cited for not having current logs, which was written up as a violation of 49 CFR 395.8(f)(1). He argues that you need to fight the citation because the officer didn’t give him time to make his logs current. “It’s a bogus citation because they’re supposed to give me 15 minutes to bring my logs up to date,” he says. He urges you to act right away to clear his record. What would you do in this situation? Is Jim right?  
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