Apply Now!

//// Laws designed to screw you ?? Anything else to be aware of ? ////

A

Andyinchville1

Expert Expediter
Owner/Operator
Hi All,

The OTR driver we have running got a ticket in NY for having a bad log book (nothing fraudulent just not filled in correctly / done right ....He'd only been doing it 2 weeks or so at that time so no real practice filling the logs out).

As a result of that stop he was placed out of service for 10 hours.

When we thought to try to help him figure out how to pay the out of state ticket (actually it had slipped our minds so it's been about a month already since the stop date) we were surprised by what we learned ...

In NY state , ANY ticket results in a fine (in the case of log book issue a MINIMUM of $200 fine) .... PLUS a state mandatory fee of $205 on top of that !! (any ticket for both in state residents or out of state folks).

As if that were not bad enough, the driver cannot simply pay the fine by mail or phone with CC because they consider it a misdemeanor crime !! (punishable by possible jail time !!) AND the bill has to be paid IN PERSON on the first or third Wednesday of each month AFTER setting up an appointment with the assistant DA (or you can hire your own Blood sucking money grubbing lawyer to take care of that for you ... you see how much I like lawyers ? HA).

Isn't it "nice" how the lawyers set THAT up for themselves ?..... I mean how many out of state truckers would really show up in person themselves to see the DA to pay the fine.... WTF

Wow, I guess live and learn ("conveniently" the legal plan I use to handle issues does not handle crimes like misdemeanors or felonies so this would not be covered under the plan (they do offer a legal plan for commercial drivers but that'd be an additional $35 per month BUT I guess with the cost of a lawyer to handle this for the driver for the 1 instance (so far) it may be worth the cost of the plan for the entire year !

I guess I'll call around for ( insert your own adjectives here ;-)) lawyers to see what they would charge to handle this situation.

Does anybody here use legal plans to help with commercial driving ? OR do you just do things right ? ;-O

What crazy stuff have you seen / heard about that could cost you big bucks or great inconveniences OTR?

Thanks
 
T

Treadmill

Veteran Expediter
Owner/Operator
Andyinchville1 said:
Hi All,

The OTR driver we have running got a ticket in NY for having a bad log book (nothing fraudulent just not filled in correctly / done right ....He'd only been doing it 2 weeks or so at that time so no real practice filling the logs out).

As a result of that stop he was placed out of service for 10 hours.

When we thought to try to help him figure out how to pay the out of state ticket (actually it had slipped our minds so it's been about a month already since the stop date) we were surprised by what we learned ...

In NY state , ANY ticket results in a fine (in the case of log book issue a MINIMUM of $200 fine) .... PLUS a state mandatory fee of $205 on top of that !! (any ticket for both in state residents or out of state folks).

As if that were not bad enough, the driver cannot simply pay the fine by mail or phone with CC because they consider it a misdemeanor crime !! (punishable by possible jail time !!) AND the bill has to be paid IN PERSON on the first or third Wednesday of each month AFTER setting up an appointment with the assistant DA (or you can hire your own Blood sucking money grubbing lawyer to take care of that for you ... you see how much I like lawyers ? HA).

Isn't it "nice" how the lawyers set THAT up for themselves ?..... I mean how many out of state truckers would really show up in person themselves to see the DA to pay the fine.... WTF

Wow, I guess live and learn ("conveniently" the legal plan I use to handle issues does not handle crimes like misdemeanors or felonies so this would not be covered under the plan (they do offer a legal plan for commercial drivers but that'd be an additional $35 per month BUT I guess with the cost of a lawyer to handle this for the driver for the 1 instance (so far) it may be worth the cost of the plan for the entire year !

I guess I'll call around for ( insert your own adjectives here ;-)) lawyers to see what they would charge to handle this situation.

Does anybody here use legal plans to help with commercial driving ? OR do you just do things right ? ;-O

What crazy stuff have you seen / heard about that could cost you big bucks or great inconveniences OTR?

Thanks
Click to expand...
I do things right and by the book. Never have had a problem and been doing this type of work for 21 yrs now. Btw I also have been a fleet owner not once, not twice but three times and still no problems. Must be doing something right.
 
  • Like
Reactions: VSprinter, Turtle and Ragman
Ragman

Ragman

Veteran Expediter
Retired Expediter
Andyinchville1 said:
Hi All,

The OTR driver we have running got a ticket in NY for having a bad log book (nothing fraudulent just not filled in correctly / done right ....He'd only been doing it 2 weeks or so at that time so no real practice filling the logs out).

As a result of that stop he was placed out of service for 10 hours.

When we thought to try to help him figure out how to pay the out of state ticket (actually it had slipped our minds so it's been about a month already since the stop date) we were surprised by what we learned ...

In NY state , ANY ticket results in a fine (in the case of log book issue a MINIMUM of $200 fine) .... PLUS a state mandatory fee of $205 on top of that !! (any ticket for both in state residents or out of state folks).

As if that were not bad enough, the driver cannot simply pay the fine by mail or phone with CC because they consider it a misdemeanor crime !! (punishable by possible jail time !!) AND the bill has to be paid IN PERSON on the first or third Wednesday of each month AFTER setting up an appointment with the assistant DA (or you can hire your own Blood sucking money grubbing lawyer to take care of that for you ... you see how much I like lawyers ? HA).

Isn't it "nice" how the lawyers set THAT up for themselves ?..... I mean how many out of state truckers would really show up in person themselves to see the DA to pay the fine.... WTF

Wow, I guess live and learn ("conveniently" the legal plan I use to handle issues does not handle crimes like misdemeanors or felonies so this would not be covered under the plan (they do offer a legal plan for commercial drivers but that'd be an additional $35 per month BUT I guess with the cost of a lawyer to handle this for the driver for the 1 instance (so far) it may be worth the cost of the plan for the entire year !

I guess I'll call around for ( insert your own adjectives here ;-)) lawyers to see what they would charge to handle this situation.

Does anybody here use legal plans to help with commercial driving ? OR do you just do things right ? ;-O

What crazy stuff have you seen / heard about that could cost you big bucks or great inconveniences OTR?

Thanks
Click to expand...

1..... Quit making excuses. Pay the fines.
2..... If you think lawyers are "blood sucking money grabbers" (your words), don't call one when you or one of your drives kill somebody due to your business practices.
 
  • Like
Reactions: Moot
terryandrene

terryandrene

Veteran Expediter
Safety & Compliance
US Coast Guard
You spend a lot of time blaming lawyers, the NY court system and their regulations when you should be blaming the fleet owner that hires drivers who are prone to preventable accidents or are not properly trained in recording a drivers record of duty status. In my opinion, in the instance discussed in the OP, the fleet owner should pay the fine and costs for nit ensuring the driver has the training and experience to always be compliant. The regulations, Federal and State, are not designed to screw the compliant driver, they are designed to keep the non-compliant drivers from screwing the motoring public.
 
  • Like
Reactions: fatboy1, Dell, Turtle and 3 others
B

blizzard2014

Veteran Expediter
Driver
Did I ever tell you all how I got a speeding ticket reduced to a parking violation? I got a ticket in Ohio for going 71 MPH in a 55 MPH zone. The cop swore up and down that the DA would not work with me and that the ticket would ruin my license because it was driving 16 MPH over the speed limit. I set up a court date and went in to talk to the DA. I didn't even try and deny that I was driving over the speed limit. I told them that I was tired and wanted to get to my destination so that I could get some rest. I explained to them that driving a cargo van was the only job that I can do, and that I have a lot of debt/bills to pay. If they put the points on my license and I were to lose my job as a result, that I would move to their county, apply for food stamps, and become a homeless person. I guess they didn't like the idea of me living on their streets. The judge agreed to reduce the ticket to a parking violation, doubled the fine in order to do so, and had me sign a form that I was waiving all of my rights to a future trial. The only stipulation in the deal was that I could not have any moving violations of any kind, in any state, for the next six months, or they reserved the right to report the original moving violation to California DMV. I also once received a ticket for turning right on a red light in PA and spent six months writing back and forth with the DA. So many letters that they simply got tired of dealing with me. They also reduced that violation down to a parking ticket. I appealed to them that all they really wanted/needed was their money. All of the points this, points that are not necessary and that I would be willing to pay a higher fine for no points. Money talks blizzard walks. A lot of this legal stuff you can do yourself. But it takes time. I had to take a few days off to travel back to that small sown in Ohio which costed me time and money. But I got the job done. A lot of it was luck and the fact that I did not give the DA or cop any attitude. I knew I was guilty. I just think it's unfair that someone who drives 100k miles a year has the same point scale as a person who barely drives 10k miles a year. You have way more chances of getting caught/getting a ticket when you drive 9 times more miles than a regular civilian. I think our point scale should be different, because we drive more miles. But that's just me.
 
Moot

Moot

Veteran Expediter
Owner/Operator
scottm4211 said:
Some days it’s hard to feel positive about this business.
Click to expand...
I disagree! I'm leased to Panther and buy gas at FlyingPilots. Reading all the negative news from Inchville makes me feel good about my carrier and fuel purchase decisions. How positive is that! Also, given the opportunity, I did not vote for Al (Stuart Smalley) Franken. Yeah, I feel good. I feel positive.
 
  • Like
Reactions: VSprinter, Turtle and terryandrene
D

dc843

Expert Expediter
Researching
Try to get multiple misdemeanor tickets in the state of NY. That way your fines can "stack" and you'll only have to go pay once for multiple tickets.
 
  • Like
Reactions: Moot
B

blizzard2014

Veteran Expediter
Driver
coalminer said:
Hey Andy did you get a load to Florida?
17977



Sent from my iPhone using EO Forums
Click to expand...
Maybe his co-driver weighs 500 pounds?
 
  • Like
Reactions: coalminer
T

Treadmill

Veteran Expediter
Owner/Operator
Was just thinking about this topic and I have to say that the state authorities are actually out to screw the ones who are trying to surcumvent the law. As long as you continue not to play by the rules you will be screwed (your words not mine).
 
Last edited:
  • Like
Reactions: Ragman
A

asap4u

Expert Expediter
Try TVC Pro Drivers for a monthly pay legal plan. They have different plans starting around $20/month. They will arrange for a local attorney as needed at reduced or no cost based on your plan. They also file DataQ challenges with FMCSA on your behalf.


Sent from my iPhone using EO Forums
 
You must log in or register to reply here.
Top