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want to know if the tickets should go to the company instead of driver

by Darnell E. Shepard
(Columbus oh)

Windshield was cracked, Tandem pin was broken. And registration was expired I explained to the officer I was en route to get repairs he gave me all the tickets aren't they for the company not the driver

Comments for want to know if the tickets should go to the company instead of driver

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Nov 26, 2015
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in summary... NEW
by: Anonymous

...you would take the position in court (if it goes that far)

of "What if'

I had (had) an accident due to this issue?

If you come right out and say "fatality" in front of a bunch of supervisors and those responsible...they WILL TAKE NOTICE..

and remember: THEY CAN NOT RETALIATE against you. If they attempt to, there are MANY laws to protect you and many, many attorneys willing to jump on that one on a "contingency" because they already KNOW they will win.

Nov 26, 2015
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I would too... NEW
by: Anonymous

I know I don't have $3K to throw around for a company that doesn't want me to operate my truck safely for them....and affect their CSA scores...

Hell, I don't have that kind of money PERIOD!!

If I did, I might go out and buy myself something for Christmas.

F. Negligent Inspection, Maintenance, or Repair

Many accidents are attributable to mechanical failures of parts or systems in a commercial vehicle. Federal regulations require motor carriers to systematically inspect, maintain, and repair all motor vehicles subject to their control. The regulations also provide that all parts and accessories on a commercial vehicle must be kept in safe and proper operating condition at all times. A trucking company must maintain the following records for each vehicle under its control: (1) the identification of the owner and style of the vehicle, (2) a list of the nature and due date of various inspection and maintenance operations to be performed on the vehicle, and (3) a record of inspection, repairs and maintenance performed on the vehicle. These records must be maintained for one year while the vehicle is either housed or maintained by the carrier and for six months after the motor vehicle leaves the carrier’s control. A motor carrier can be held responsible for any injury caused by its failure to properly inspect, maintain or repair any equipment in its control. For example, if the brakes are discovered to be out of adjustment after an accident, the trucking company can be found liable for failing to properly conduct a pre-trip inspection and failing to properly adjust the brakes to keep them within the federal limits. Even the prior owner of a tractor trailer who sells the vehicle to another trucking company can be held responsible for negligent maintenance of the vehicle in violation of the FMCSR resulting in an accident.

This is just an example of the company's involvement and responsibility. Oddly enough, there is also a large responsibility by the trucking company for those who lease also....

Nov 26, 2015
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Thanks brother NEW
by: Darnell

Thank you, and believe I'm going to research and follow thru

Nov 26, 2015
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SUE THEM! NEW
by: Anonymous

Look up your violation codes, driver vs. company responsibility and SUE them under the rules of the CSA and the FMCSA and the DOT...

Yeah, you SHOULD get a lawyer, but if you are comfortable in the court room, you are familiar with how to handle a deposition, and you know how to research...

You need to get your money back (if you haven't paid, they need to pay {get an extension})

If you are NOT an Owner Operator, those are company violations. This is why you have shops, this is why companies supply MVIR's (BECAUSE IT IS THE LAW) and this is why you NEED TO FILL THEM OUT, even if the company (which most do) tell you NOT to fill them out because the shop will take care of issues immediately.

Ever wonder why they tell you that?

Think about it....

Nov 26, 2015
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Damn it mann NEW
by: Darnell

They gave me a 3025 dollar fine

Nov 25, 2015
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First of all.. NEW
by: Anonymous

...You were aware of all those issues. The best backup you could possibly have was a current MVIR filled out pertaining to those issues specifically.

And yeah, they are the company's responsibility...

BUT!!!!

Once the word gets out that you used your right as an employee to sign a ticket to the company....EVERY DRIVER is going to hear about it and most will probably somewhat frivolous.

It's a fine line.

You tell the owner about what you've done. You explain that your MVIR was current, and there's not a damn thing he can do about it.

Comapnaies dont like having tickets in their name, but at times, IT IS A RIGHT THAT YOU CAN EXERCISE.... just be cautious.

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