TruckstopUSA.com, your Information Center and Portal to the Trucking Industry with trucker forum, truck sales, photo gallery, free email and free classifieds - Indiana Senate OKs higher fines for OOS violations

A bill to beef up Indiana’s out-of-service violations is halfway through the state’s General Assembly. OOIDA anticipates that states throughout the country will take steps this year to address truck rules in an effort to protect themselves from possible legal challenges.

The Indiana Senate voted unanimously to approve a bill that would make changes to state law concerning commercial driver’s licenses to comply with Federal Motor Carrier Safety Regulations. The bill – SB74 – now moves to the House for further consideration.

Fines for drivers found violating out-of-service orders would significantly increase. Instead of first offenders facing a $1,000 fine, they would be responsible for paying $2,500 fines.

Motor carriers would also face greater punishment. Employers convicted of knowingly allowing, requiring, permitting or authorizing a driver in OOS status to get behind the wheel would face fines between $2,750 and $25,000. Currently, the fine is $2,500.

Another state pursuing harsher penalties for violating OOS penalties is New Hampshire. Elsewhere, New Jersey and Wisconsin have recently enacted changes into law.

Joe Rajkovacz, OOIDA’s director of regulatory affairs, said these states have every incentive to make sure their rules mirror federal standards. Not only do they see it as a safety issue, but states also have to look out for their pocketbooks.

“If they’re not compliant these states run a risk of having federal funds withheld, but that’s not the only thing they’re mindful of here,” said Rajkovacz.

Rajkovacz said another factor that could be spurring states to take action is legal challenges brought by OOIDA against the state of Minnesota objecting to how six years worth of citations were issued involving motor carrier safety regulations.

“These states are trying to bring their rules and laws into conformity with the federal requirements within the FMCSRs so they aren’t confronted with the issue that Minnesota has found itself having to address in OOIDA’s litigation against their State Patrol,” Rajkovacz said.

To view other legislative activities of interest for Indiana in 2010, click here.

keith_goble@landlinemag.com

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