Hey guys,
new to this group, wish i looked here sooner. I drove a CMV for over 20 years, currently working in a dispatching capacity due to my child's disability and having to remain close to home... Currently i am in the process of fighting with our new Safety Director over DOT issues and requirements vs company policies, and hoping someone can clarify a few things for me. Please note that none of our shipments are over sized loads or overweight. We haul steel or building materials as back hauls.
Our fleet consists of approx 77 drivers, 19 of whom are company drivers, the remaining drivers are O/O. All company vehicles are registered in NJ, while O/O are registered with their domicile state. We have 4 terminals. NJ, TX, GA and IN.
So in the past few weeks i was told that i can no longer discuss HOS with drivers as i am giving them incorrect information, and i am also doing the same thing with equipment. That the info i am providing them is wrong. So please see below and let me know what you think?
1) A Company owned vehicle, that is registered in NJ, but domiciled in TX. Has registration for all states including Canadian provinces. Brought to NY to deliver a load of steel. Outside of NY HUT, what other "special permits" are required to bring a load to NY"?
2) In the same question as number one, Same vehicle, when coming into NJ (passing thru to get to NY) has to be re-inspected for emissions even if has passed in domiciled state? This vehicle is registered in NJ for all states including Canadian Provinces. Does this truck need to be re inspected for emissions?
3) A local company driver operating in the NYC area. Starts at is home terminal and ends at his home terminal each day, never goes over 100 miles. Safety is claiming the 16 hr rule does not apply to these drivers, And the rule only applies to obscure circumstances like a freak weather front that was unknown prior to leaving, or a truck exploding in front of him while traveling, unlike getting stuck on a job site delivery for 10 hrs, or sitting in hours of NY traffic. Please note i know he is only allowed to drive 11 hrs per day, but once per week he can use the 16 hr rule for instances like getting stuck in traffic or getting stuck on jobsite. All drivers take a 10 hr break at the end of their day. And if the 16 hr rule is used, normally on Friday, the driver will have had a 34 hr reset prior to starting work again. I know he could use it twice if he takes a 34 hr reset in between 16 hr days, and never driving over 11 hrs.
4) Driver's are not allowed to adjust brakes under any circumstance, this applies to our O/O. I know to repair or replace brake systems must be certified, but safety claiming adjusting brakes also must be completed by DOT certified mechanic. I find this to be untrue, as i was an O/O and have had to adjust brakes while DOT inspection was taking place to avoid a violation.
5) As a safety director, does he have the authority to put an outside carrier (running under own DOT authority, equipment, insurance, etc) out of service? I know as a company policy we can refuse to load his truck due to violations we believe or see, however we cannot legally put him out of service for any violations he may have. Since the director of safety, nor is anyone employed certified by the state to provide a DOT Inspection.
thank you in advance... Please let me know if you need clarification on any of these subjects.
new to this group, wish i looked here sooner. I drove a CMV for over 20 years, currently working in a dispatching capacity due to my child's disability and having to remain close to home... Currently i am in the process of fighting with our new Safety Director over DOT issues and requirements vs company policies, and hoping someone can clarify a few things for me. Please note that none of our shipments are over sized loads or overweight. We haul steel or building materials as back hauls.
Our fleet consists of approx 77 drivers, 19 of whom are company drivers, the remaining drivers are O/O. All company vehicles are registered in NJ, while O/O are registered with their domicile state. We have 4 terminals. NJ, TX, GA and IN.
So in the past few weeks i was told that i can no longer discuss HOS with drivers as i am giving them incorrect information, and i am also doing the same thing with equipment. That the info i am providing them is wrong. So please see below and let me know what you think?
1) A Company owned vehicle, that is registered in NJ, but domiciled in TX. Has registration for all states including Canadian provinces. Brought to NY to deliver a load of steel. Outside of NY HUT, what other "special permits" are required to bring a load to NY"?
2) In the same question as number one, Same vehicle, when coming into NJ (passing thru to get to NY) has to be re-inspected for emissions even if has passed in domiciled state? This vehicle is registered in NJ for all states including Canadian Provinces. Does this truck need to be re inspected for emissions?
3) A local company driver operating in the NYC area. Starts at is home terminal and ends at his home terminal each day, never goes over 100 miles. Safety is claiming the 16 hr rule does not apply to these drivers, And the rule only applies to obscure circumstances like a freak weather front that was unknown prior to leaving, or a truck exploding in front of him while traveling, unlike getting stuck on a job site delivery for 10 hrs, or sitting in hours of NY traffic. Please note i know he is only allowed to drive 11 hrs per day, but once per week he can use the 16 hr rule for instances like getting stuck in traffic or getting stuck on jobsite. All drivers take a 10 hr break at the end of their day. And if the 16 hr rule is used, normally on Friday, the driver will have had a 34 hr reset prior to starting work again. I know he could use it twice if he takes a 34 hr reset in between 16 hr days, and never driving over 11 hrs.
4) Driver's are not allowed to adjust brakes under any circumstance, this applies to our O/O. I know to repair or replace brake systems must be certified, but safety claiming adjusting brakes also must be completed by DOT certified mechanic. I find this to be untrue, as i was an O/O and have had to adjust brakes while DOT inspection was taking place to avoid a violation.
5) As a safety director, does he have the authority to put an outside carrier (running under own DOT authority, equipment, insurance, etc) out of service? I know as a company policy we can refuse to load his truck due to violations we believe or see, however we cannot legally put him out of service for any violations he may have. Since the director of safety, nor is anyone employed certified by the state to provide a DOT Inspection.
thank you in advance... Please let me know if you need clarification on any of these subjects.