Waynes World - August 2003

MORE DOT PENALTIES TO INCREASE FOR OUT-OF-SERVICE VIOLATIONS, AND...

A DAILY INSPECTION IS
JUST GOOD BUSINESS
By Wayne Schooling

Q: Is it considered a refusal to test if a consortium informs a motor carrier of a random test selection and the driver fails to show up for the 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 had a few drivers who needed random testing, and the motor carrier DOES NOT notify the drivers 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 PENALTY FEES

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 out-of-service (OOS) violations and false records. The proposal would double current record keeping violation penalties to $500 for each day the violation continues with a maximum for each violation.

Also, employers who “knowingly and willfully ignore OOS orders” could receive a year’s imprisonment or a $100,000 fine. If the violation results in a death, a maximum $250,000 fine will take affect. Drivers who independently violate OOS orders would have increased penalties as well. For the first offense, penalties will increase from a 90-day disqualification and a $1,000 fine to a 180-day disqualification and a $2,500 fine. For a second offense, penalties will go from a disqualification of one to five years and a $1,000 minimum penalty to a two to five year disqualification and a $5,000 penalty.

The proposal also penalizes 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. They 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.

A DAILY 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/or jury.

What companies, owner operators and small carriers must realize is that they must protect themselves from costly judgments and/or state or federal fines. To be very realistic in today’s real world, you're guilty until you prove yourself innocent. Now you say, “Hey, wait a minute, that isn't right. I watch Law & Order and all those other cop shows!” Well, let me explain.

First of all, if a truck is involved in an accident, it is temporarily out-of-service and its cargo will probably be 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 that it has complied with all of the safety regulations.

In a case where defective equipment may have been involved, if the trucking company cannot prove that all of the 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. Don't give an attorney the rope to hang you with.

Now, can you maybe 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. But, like it or not, each driver must report on every vehicle he or she 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.

~ The NTA is a nationwide association established to provide safety compliance services, insurance benefits and information to private fleets, trucking companies and owner operators. For more information, please call (562) 279-0557 or (800) 805-0040. Until next month, “Drive Safe - Drive Smart!”