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Test your knowledge of DOT enforcement: Answers

  1. e: All of the above. Nothing prevents a driver or motor carrier from reasonably discussing a violation with the inspector or the inspector’s supervisor in hopes of having it removed or reversed. Once the violation is logged, the online DataQs system may be used to challenge it. Any violation that results in a citation may be challenged in court.
  2. b: False. The OOS Criteria are not intended to be a guide to compliance. They are the criteria for failure; they indicate when a vehicle or driver is so far out of compliance that the only option is to take them out of service until the problem is fixed. A driver or vehicle that is in “compliance” with the OOS Criteria will likely be in violation of the Federal Motor Carrier Safety Regulations and will be cited during a roadside inspection, even if the violation is not so bad that the driver or vehicle will be placed OOS.
  3. a: The defect must be repaired before the vehicle’s next dispatch. The vehicle could be cited again if inspected again, but it may be driven away from the scene. The driver must record the defect on a post-trip inspection report at the end of the day and the defect must be repaired before the vehicle is driven again.
  4. b: 48 hours. According to 390.29, all required records must be made available for inspection at the principal place of business within 48 hours of the request, not including weekends or holidays.
  5. b: False. Under 390.32, almost all records that a motor carrier is required to have under the Federal Motor Carrier Safety Regulations may be created, stored, and presented electronically. An auditor may ask for certain records to be printed onto paper, but there is no requirement that such printing be done before the auditor shows up.