In its information about the Hours of Service rules that went into effect on July 1, the FMCSA states:
"Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies and passenger carriers that allow drivers to exceed driving limits by more than three hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense."
As I read this, a driver who does not know about or forgets to log a 30 minute break within the first eight hours of on-duty time and works for 11 hours (on-duty or driving) has committed an egregious violation.
In a hypothetical team-driven truck, in which the team is unaware of the new rules or forgetful in logging the way the new rules want (even if they took the 30 minute breaks), and that the scale cop stops and discovers the paperwork violations, the fines could be up to $22,000 to the motor carrier and $2,750 each to the drivers.
Another "egregious violation" may occur if a driver miscalculates the 168 hours, or perhaps getting mixed up by time zones, improperly logs the time he or she came off a restart and went back to work. Yes, such errors should not occur, but fines of up to $2,700 to the driver and $11,000 to the carrier for each occurance? What's up with that? These are administrative errors, not "egregious violations."
That is the potential. My question is, have any Open Forum readers heard of any such fines being assessed? Have any readers heard of any fines of any amount being assessed under the new rules?
On a related topic, in what way are these fines proportionate to the offense? Up to $2,750 to a driver and $11,000 to a carrier because a driver makes adminsitrative errors? What are they, ordinary folks who made administrative errors, or enemies of the state?
"Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies and passenger carriers that allow drivers to exceed driving limits by more than three hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense."
As I read this, a driver who does not know about or forgets to log a 30 minute break within the first eight hours of on-duty time and works for 11 hours (on-duty or driving) has committed an egregious violation.
In a hypothetical team-driven truck, in which the team is unaware of the new rules or forgetful in logging the way the new rules want (even if they took the 30 minute breaks), and that the scale cop stops and discovers the paperwork violations, the fines could be up to $22,000 to the motor carrier and $2,750 each to the drivers.
Another "egregious violation" may occur if a driver miscalculates the 168 hours, or perhaps getting mixed up by time zones, improperly logs the time he or she came off a restart and went back to work. Yes, such errors should not occur, but fines of up to $2,700 to the driver and $11,000 to the carrier for each occurance? What's up with that? These are administrative errors, not "egregious violations."
That is the potential. My question is, have any Open Forum readers heard of any such fines being assessed? Have any readers heard of any fines of any amount being assessed under the new rules?
On a related topic, in what way are these fines proportionate to the offense? Up to $2,750 to a driver and $11,000 to a carrier because a driver makes adminsitrative errors? What are they, ordinary folks who made administrative errors, or enemies of the state?
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