Question:
I am hoping to learn about the criteria the DOT use to determine if a carrier inspection is needed. I understand fully the responsibility of the driver. It is ultimately the drivers responsibility to make sure his vehicle is safe. But in the cases below the drivers operated unsafe vehicles and relied on the DOT to help them out. Not really the DOT's responsibility but the safety of the public seems also to have been overlooked.
I made a call to the local DOT office in Ft. Myers just to report a couple things I knew were happening. The result seemed wrong. The lady informed me that they get several complaints and pleas for help each day. One that stood out was a driver had called just before me and told her his boss would not repair faulty brakes on his car and tractor. She said the man stated "I don't know if they'll last the day out". The second was similar. Stating faulty brakes, lights and air pressure. She stated both drivers were afraid of loosing their jobs if they refused to drive the cars. (yes I know it is their responsibility) She also stated she felt bad and sympathized with the drivers. I was calling to inform them of a carrier that refuse to drug test his drivers. He also does not require them to take physicals. One driver was seen using drugs on the owners property and two other drivers made the statement if they had to take a drug test they would have to quit first. Most of which I witnessed and heard.This carrier also has a Safestat rating of 98.7. I do not believe that to be good although the carrier believes the higher the number the better.
The problem is what I was told. She informed me when I asked that no officers would go and inspect the unsafe vehicles. If the scale stopped them or an officer seen the problems on the road then maybe they would be inspected. But they do not go out investigate those types of complaints unless witnessed first hand. The same answer with the complaints I gave her. She said it is highly doubtful any officers will go to the business. Again she emphasized an officer must see them on the road and have good reason to stop them. They will not just go and investigate.
I see the DOT in the scales here doing inspections all the time. They are quite often set up on a few different roads that are known car routes (short cuts) but not marked as such. They spend lots of time stopping cars in these places and not only inspecting them. They also use the portable scales to make sure they are legal. It would seem if they have the time to do random stops they could spare a little time investigating problems that they know exist.
My concern is, what will they investigate? If they are informed of problems and will not investigate them. What does it take then for a carrier to be checked. To me the bad brake problems would have set an alarm off quickly. Lives seem to be at stake. The same with unsafe and unchecked drivers. But those things seemingly are not enough. The DOT believes the problems they hear to be true but do not investigate them. While drivers get many tickets on the road and can be put OOS quickly why are things not checked at home. Is it revenue or what?
"There is just something about fresh winter snow and a river. The day is bright even if it is cloudy, the water is friendly even if it is cold and the fish are there even if they are not biting."
Last edited by Stuffs on Tue Oct 14, 2003 7:18 am; edited 1 time in total

Answer:

You didn’t specify whether the carrier/s were interstate or intrastate.
For interstate carriers you can contact the FMCSA via:
If the carrier were an intrastate carrier in Florida your contact would be:
(850) 488-7920
You didn’t provide a US DOT Number so the carrier’s data cannot be viewed.
In the event the carrier has managed to avoid scales and roadside inspection locations a Level 5 inspections can be done at the carrier’s priM place of business.
Be prepared to provide vehicle numbers and specific violations with dates the vehicles were used. If the vehicles belong to an O/O then have additional information such as license plate numbers and the O/O’s name or DBA name so pay records maybe reviewed to verify the O/O’s existence.
JQ.
"If men were angels...No government would be necessary."
51st Federalist Papers
Last edited by JQ. Public on Tue Oct 14, 2003 8:12 am; edited 1 time in total

Answer:

Instead of a phone call, would the DOT in the jurisdiction of the company, remove themselves from their office & investigate this drivers complaint based on the following. Pictures of the equipment involved, copies of previous VIR’s stating the defects, vehicle numbers, a sworn affidavit from the person making the complaint, tape recorded conversations that might prove managements willful disregard for FMCSR’s or statements from drivers concerning previous violations. How should this be communicated to the local area Law Enforcement People charged with enforcing the law & regs just mentioned? Certified Mail return receipt requested? Walk in to their office with you’re attorney & ask what day they will arrive on the caring companies property to investigate said allegations? And, if the person making a well-documented complaint of Safety Violations by a company concludes that they are receiving the run around from said Federal or State Investigators, whom do they complain to? The Media? “ Killer cars, Feds refuse to enforce Law”, story on the noon news. I realize I have stretched this farther than necessary. My question is this, if the enforcement people do not witness these problems, what is the sure fire thing to get an investigator to go to a company’s location & begin an investigation based on a multiple complaints by 1 or more drivers?

Answer:

What you have to realize is there are two seperate issues. Scale/Troopers and Federal FMCSA.
The scales/troopers have duties and resposibilities on the highway. States have to impose specific laws to allow state investigators to enter a carrier's place of business. Example, Illinois IDOT has investigators that do audits on Motor Carreirs at their place of business, Colorado Department of Revenue has tax auditors but not safety auditors for caring companies.
The FMCSA has jurisdiction over CMV's defined by Part 390.5 in interstate commerce but not intrastate commerce. The FMCSA has jurisdiction over interstate/intrastate for HM, and CMV's as defined by Parts 382.107 and 383.5.
HOS, maintenance and DQ files fall under the definition of a CMV in Part 390.5 so the FMCSA has no jurisdiction in intrastate commerce.
The FMCSA has about 400 field agents that all they do is go to a carrier's place of business to do Compliance Reviews as outlined by Part 385 Appendix B.
I don't know if Florida has safety auditors or not. However, if they do the phone number provided should be able to provide more information regarding Florida's safety auditing program.
JQ.
"If men were angels...No government would be necessary."
51st Federalist Papers

Answer:

The 2 drivers the lady spoke of are both local, Intrastate carriers, dump buckets. The one I spoke of has both OTR, Interstate and local dump cars.
I'm not real sure if roadside or scale house inspections really apply to the company I spoke about. Especially concerning Physicals and drug testing. That information would not be required at a scale. A physical health card maybe but not drug testing.
The concern is why carriers and problems mentioned are not addressed when the DOT are notified. There must be a criteria that is missing.
I you wouldn't mind emailing me I would return the carrier info to you. I dont think it appropiat to publish it here. Just make sure the subject says car Net in it or it might go away with the rest of the mail I get. Also your email address would never be given to anyone for any reason.
"There is just something about fresh winter snow and a river. The day is bright even if it is cloudy, the water is friendly even if it is cold and the fish are there even if they are not biting."
Last edited by Stuffs on Tue Oct 14, 2003 4:26 pm; edited 1 time in total

Answer:

"One that stood out was a driver had called just before me and told her his boss would not repair faulty brakes on his car and tractor. She said the man stated "I don't know if they'll last the day out"."
A driver needs to remember that he is the one held responsible for any fines. I have talked to several drivers who no longer have a CDL license because they were assured the company would "take care of it". Of course they never did and the drivers now have a suspension on their record. Their only recourse is to sue the company. You need to be sure that the company you work for has a written policy regarding DOT fines or you could easily get shafted.
If your brakes fail to stop you properly and someone dies you are the one that is going to be serving hard time. You only think that a job working for a company like this is important. What future do you really think you have and how do you think they are going to treat you in the long run?
A company that doesn't take care of its equipment will not take care of its employees.
morris

Answer:

It all boils down to the driver if you feel the car is unsafe and the company wont fix it or doesnt care WHY would you want to stay employed by such a low life. There are lots of low paying drivers jobs around fort myers.
Amann