DOT/MTO why are they not held accountable for their mistakes?

Discussion in 'Trucking Industry Regulations' started by Trouble65, Oct 5, 2010.

  1. Trouble65

    Trouble65 Medium Load Member

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    Jan 11, 2009
    Ontario Canada
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    All I can say is "What's wrong with today's DOT/MTO enforcement officers"?

    I try hard to ensure that all of our vehicles and drivers comply with today's regulation. However in today's economy sometimes rules have to be broken to make a respectable living. I had a driver 20 minutes from USA/Canadian border at Erie with about 15 minutes left on his logs. Just as he came to the toll booth on I90 a DOT officer stepped out and asked him to pull over. After pulling over he was asked for his log book. After 10 minutes or so walking around the truck he came back and told my driver that he can go.

    My driver proceeded down the road when the same officer pulled him over 5 minutes from the border. He explained to my driver that he knows that he is out of hours and he will have to issue him a ticket for violating the 14 hour rule. When the officer asked for the law book my driver refused to hand it over to him. He called me and explained what was going on.
    I explained to my driver over the 2 way so that the DOT officer could hear what we were going to do;

    Me: Hand your log book over to the DOT Officer.

    Me: Don't worry if he issues you a ticket and places you out of service we will proceed with harassment charges against the officer.

    Me: I'm holding the DOT officer personally responsible for all expenses.

    Driver: I'm handing him over my Log book and running authorities.

    Me: Good, so I guess he is placing you out of service?

    Driver: I don't know.

    Me: Ask him I need to know I have to send a relief driver, the load has to be delivered today and since it's a Friday if we don't deliver today the delivery will be postponed until Monday that's if they still want the load if not we are going to be stuck with it.

    Driver: He heard what you were saying. He took my log book and running authorities to his vehicle.

    Me: Go to his vehicle and ask him if he is placing you out of service and how long this is going to take. Between the first inspection and this one we have already lost 45min.

    Driver: Ok.

    Driver: I asked him but he told me to get back into my truck or he will charge me.

    Me: And they wonder why we have no respect for them. Anyways I'm coming I will be there in 45 minutes just in case he places you out of service.
    10 minutes later my driver calls me.

    Driver: I was not issued any tickets or placed out of service he said he pulled me over because he thought I was missing bolts on my steer tire. The bolts are there however I'm missing 2 chrome caps. He just told me either take all of the chrome covers off or cover the other 2.

    Me: Ok. What an ***!

    Driver: On my way.

    It's amazing with what some people will try to pull off. The problem today with the DOT/MTO is they are not held accountable for mistakes that they make. Therefore they can do whatever they want because they won't be punished.
     
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  3. dibstr

    dibstr Road Train Member

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    Sep 10, 2010
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    OK, so what it boils down to is that you and your driver knew he was short of time and he intended to drive past "legal" and you encouraged him with the excuse (Rather lame one at that) that "in today’s economy sometimes rules have to be broken to make a respectable living." You get irritated when the driver is detained a total of 45 minutes when he had only 15 minutes left and couldn't have completed the load within time even if neither DOT stop had been made?

    Are you suggesting that the "DOT" officer committed an error when your driver refused to turn over his logs and was not cited and put out of service immediately?

    Are you suggesting that the "DOT" officer committed an error when he did not tell the driver to turn off the "two way", or was not intimidated by your feeble attempts at intimidation?

    You are correct that "It’s amazing with what some people will try to pull off". Almost any other DOT officer would have had your driver in handcuffs and if you had arrived at the scene I can believe you both would have had a pair.

    You need to thank this DOT officer..., no you need to mouth kiss him, rather than ##### about him.

    Good luck

    Best regards
     
  4. dieselbear

    dieselbear Road Train Member

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    Not exactly correct. We are held accountable more than you think. I agree that would be a dirty trick to let him go, then stop him to cite him. What I have done is tell the driver, in 10 minutes, you are out of time. You have enough time to get to the ABC truckstop and shut it down. If you decide to drive after that, then that is on you.

    You forget most of us have cameras on board that capture everything we do and we are scrutinized like a false log book by superiors and God help us if we violate Agency policy.
     
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  5. REDD

    REDD The Legend

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    Jun 29, 2009
    Dueling Banjoville
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    Hmmmmmm....

    So your driver willingly disobeyed the hours of service, got caught, & it is DOT's problem? :biggrin_25513::biggrin_25513::biggrin_25513:

    Why can't your driver be held accountable for his actions? He was operating illegally... He got caught! End of story! Tell your driver to take the panties off & act like a Man. Real Men take responsibility for their actions.
     
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  6. CondoCruiser

    CondoCruiser The Legend

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    The officer didn't know his hours prior. A logbook inspection was in the process before he got stopped. That's 15 minutes there.

    Your driver knows the rules. He should of waited until the officer left and not blatantly violate right in front of him. If I was the cop I would be thinking "What nerve. This guy thinks he can do what he wants". Just because you're close only works with horseshoes and grenades.
     
  7. end of the road

    end of the road Heavy Load Member

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    Northern Canada
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    Do you use the deferral rule in the US?

    But, really I can't see you getting much sympathy.
     
  8. Injun

    Injun Road Train Member

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    West o' the Big Crick
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    Deferral rule? Is this the 16 hour exception you are referring to? That only applies in unforeseeable events, not for use when a driver knows he's going to run short of hours and has barely enough time to reach the border.

    Trouble, you've been here before complaining about tickets received by your drivers and out of service orders. How many trucks do you have? I hope you have several dozen or your CSA score is going to stand out. You don't get to cross the border and go lawless, disregarding the laws of the country you are entering. It seems to me that's what you're trying to do.

    My suggestion to you is clean up your act and don't set loads up that will place your drivers in jeopardy. Aw, but it's probably like trying to blow smoke rings in the wind to tell you this.

    No sympathy here.
     
  9. oldedge

    oldedge Light Load Member

    I think is interesting that DB is the only one who noticed that it was the same bear that pulled him over both times. He held the driver to make him over hrs and then pulled him over again. Now the Op said he talked to the driver on the 2 way radio so he must have been close by. I wonder why no relief driver? Now also I wonder which one of you Boy Scouts who ripped the OP has NEVER run a few minutes over to make a Delivery?????

    JUST WONDERIN.
     
  10. dibstr

    dibstr Road Train Member

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    Sep 10, 2010
    Mississippi
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    Nah, it was noticed, but the end result was the driver got away with it, and no action was taken so what's the problem? It was finally admitted that the reason for the second stop was that with the truck in motion it appeared some lugs were missing, a reasonable reason.

    There was not enough info to determine that the driver simply went over by a "few minutes" to make the delivery, but there was enough to determine that the driver did not plan to abide by the regs and to determine that both the driver and poster feel like they can ignore them at will because of the economy or at least their economy.

    One fact that does seem to have been missed is that the drivers attitude and refusal to cooperate added to the length of the second stop. Does anyone believe that the officer stopped him because he has foreknowledge of his logs, intended to cite and put the driver OOS and that the attempted intimidation of the officer worked and that's why the driver was allowed to continue on? If thats true officer needs a new line of work, but I doubt most would buy that explanation.

    Best regards
     
  11. canuck in da truck

    canuck in da truck Road Train Member

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    western pa
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    ok--if he was 20 min from the border--had 15 minutes left--he can add 7 more minutes onto his 15 and still be legal----it would be idiotic for him to stop in buffalo and be late when we are talking about a couple minutes here and ther--cause once he hits the border--presto changeo--he has 2 more hours to run---so i really dont think he is running amuck and disobeyiing anybodys laws
    on second thought--i just reread it and saw the driver was hitting his 14--then either he is an idiot--or his dispatch is for riding him up against his 14--3 hours wasted---he should have gotten a ticket
     
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