Mike_M
11-28-2005, 10:05 PM
It amazes me when I see the things drivers do. Drivers will point their finger at the dispatcher and say they made me do it. Carriers will complain they can't control the driver and training doesn't do any good. Someone is always saying; "It's not my fault."
Well folks here's one thing I can say, "Drive with a suspended license and sooner or later you will be caught."
While doing rail checks data is collected, driver's name, CDL, company, DOT, truck, and VIN. The rail checks are meant to keep carriers and drivers honest.
Once the detail is over the CDL numbers are ran through CDLIS for validity, suspensions, revocations, etc.
Well folks the fact this is November and it is discovered your license was suspended from March until June guess what? You can be prosecuted for driving on a suspended CDL.
Evidence is gathered to show the driver drove, log book, bills of lading, and payroll. No the driver doesn't receive a moving violation the driver receives a letter from the US DOT. Don't pay the penalty? No problem, you're disqualified by the US DOT. Now you don't drive for anyone any more.
Same thing applies to compliance reviews. US DOT runs CDLs it's found out you drove on a suspended license. You receive a letter from the US DOT.
Appendix B to Part 386—Penalty Schedule; Violations and Maximum Monetary Penalties
[Editor’s Note: The section heading and paragraphs (a)(1) through (a)(4) are revised effective November 14, 2005.]
The Debt Collection Improvement Act of 1996 [Public Law 104-134, title III, chapter 10, §31001, par. (s), 110 Stat. 1321-373] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust for inflation "each civil monetary penalty provided by law within the jurisdiction of the Federal agency * * *" and to publish that regulation in the Federal Register. Pursuant to that authority, the inflation-adjusted civil penalties listed in paragraphs (a) through (g) of this appendix supersede the corresponding civil penalty amounts listed in title 49, United States Code.
What are the types of violations and maximum monetary penalties?
(a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs):
(a)(4) Non-recordkeeping violations by drivers. A driver who violates parts 385 and 390-399 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $2,750.
(b) Commercial driver's license (CDL) violations. Any person who violates 49 CFR part 383, subparts B, C, E, F, G, or H is subject to a civil penalty of $3,750.
CDL infractions are devided up into several areas, administrative suspensions, failing to pay child support, failing to provide proof of insurance, failing to appear, failing to have a vehicle pass an emmission test, etc. safety violations, include having your license suspended for excessive points. So it's a $1,000 extra for the suspension for excessive points.
§383.23 Commercial driver's license.
(a) General rule. (1) Effective April 1, 1992, no person shall operate a commercial motor vehicle unless such person has taken and passed written and driving tests which meet the Federal standards contained in Subparts F, G, and H of this part for the commercial motor vehicle that person operates or expects to operate.
(a)(2) Except as provided in paragraph (b) of this section, no person may legally operate a CMV unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/ her State or jurisdiction of domicile.
§391.11 General qualifications of drivers.
(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in §391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.
(b) Except as provided in Subpart G of this part, a person is qualified to drive a motor vehicle if he/she —
(b)(5) Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction;
Driver beware, you don't have to be caught in the act for prosecution to occur.
Be safe.
Well folks here's one thing I can say, "Drive with a suspended license and sooner or later you will be caught."
While doing rail checks data is collected, driver's name, CDL, company, DOT, truck, and VIN. The rail checks are meant to keep carriers and drivers honest.
Once the detail is over the CDL numbers are ran through CDLIS for validity, suspensions, revocations, etc.
Well folks the fact this is November and it is discovered your license was suspended from March until June guess what? You can be prosecuted for driving on a suspended CDL.
Evidence is gathered to show the driver drove, log book, bills of lading, and payroll. No the driver doesn't receive a moving violation the driver receives a letter from the US DOT. Don't pay the penalty? No problem, you're disqualified by the US DOT. Now you don't drive for anyone any more.
Same thing applies to compliance reviews. US DOT runs CDLs it's found out you drove on a suspended license. You receive a letter from the US DOT.
Appendix B to Part 386—Penalty Schedule; Violations and Maximum Monetary Penalties
[Editor’s Note: The section heading and paragraphs (a)(1) through (a)(4) are revised effective November 14, 2005.]
The Debt Collection Improvement Act of 1996 [Public Law 104-134, title III, chapter 10, §31001, par. (s), 110 Stat. 1321-373] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust for inflation "each civil monetary penalty provided by law within the jurisdiction of the Federal agency * * *" and to publish that regulation in the Federal Register. Pursuant to that authority, the inflation-adjusted civil penalties listed in paragraphs (a) through (g) of this appendix supersede the corresponding civil penalty amounts listed in title 49, United States Code.
What are the types of violations and maximum monetary penalties?
(a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs):
(a)(4) Non-recordkeeping violations by drivers. A driver who violates parts 385 and 390-399 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $2,750.
(b) Commercial driver's license (CDL) violations. Any person who violates 49 CFR part 383, subparts B, C, E, F, G, or H is subject to a civil penalty of $3,750.
CDL infractions are devided up into several areas, administrative suspensions, failing to pay child support, failing to provide proof of insurance, failing to appear, failing to have a vehicle pass an emmission test, etc. safety violations, include having your license suspended for excessive points. So it's a $1,000 extra for the suspension for excessive points.
§383.23 Commercial driver's license.
(a) General rule. (1) Effective April 1, 1992, no person shall operate a commercial motor vehicle unless such person has taken and passed written and driving tests which meet the Federal standards contained in Subparts F, G, and H of this part for the commercial motor vehicle that person operates or expects to operate.
(a)(2) Except as provided in paragraph (b) of this section, no person may legally operate a CMV unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/ her State or jurisdiction of domicile.
§391.11 General qualifications of drivers.
(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in §391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.
(b) Except as provided in Subpart G of this part, a person is qualified to drive a motor vehicle if he/she —
(b)(5) Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction;
Driver beware, you don't have to be caught in the act for prosecution to occur.
Be safe.