Trucking attorney Jim Mahoney's law practice encompasses trucking and cargo loss litigation, claims management, compliance management, and operations consulting.
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Audit-Ready: Roadside Inspections and FMCSA Violations
Records show that 94% of roadside inspections result in at least one FMCSA regulatory violation.
So, which violations alleged are going to draw the FMCSA’s attention to your company? The following seem to draw almost instant attention to your business:
- speeding (6 to 10 mph over the posted speed limit)
- failing to use a seat belt
- using (or appearing to use) a cell phone while driving
- exceeding the 14-hour on-duty limit
- failing to obey a traffic control device (or weigh station)
- false record of duty status.
Once the FMCSA decides to audit your company, what are they going to hunger over?
- DQ files
- drug and alcohol records
- applications
- your safety policies.
Offsite audits are quickly replacing the traditional onsite audit.
- The FMCSA can perform 10 times the number of offsite audits by having the motor carrier submit material electronically, instead of visiting a motor carrier for one or more days for an onsite audit.
- The offsite audit requires motor carriers to be even more audit-ready than in the past.
The New Inspection Process
First, instead of a DOT auditor giving you 48 hours’ notice that they will show up at your place of business to review your compliance materials, the auditor will contact you via mail, phone or email and give you a laundry list of materials to submit to them electronically – and with little lead time.
The required items will likely include a list of all of your drivers; proof that your drivers are enrolled in a drug and alcohol testing program; and almost all material from your drivers’ DQ files.
If the “intervention” occurs as a result of a collision, you’ll probably be asked for your “accident” register; written company discipline program (progressive discipline); equipment maintenance files - particularly for the involved vehicle(s).
If you cannot meet their deadline, or if you have the nerve to be out of town, extra time – maybe a week – will be stubbornly granted.
If the auditor really starts to dislike you or your company, he may run amok, asking for rather strange, out-of-context production, e.g., your real property ownership documents and your tax and financial records.
In such a case, you may need the services of a seasoned DOT lawyer to call a stop to this abuse. Through your attorney or directly, it may be necessary to complain to the auditor’s superiors, or to your Senator or Member of Congress, or the FMCSA’s internal affairs office.
Beware of Violations Without Citations
You may have noticed that roadside inspections that result in a violation do not always trigger citations to your drivers. That might seem to be a good thing, but it is not.
Citations allow you to contest the violations in court, and they mirror the FMCSA regulations. Discussions with the local prosecutor often result in either dismissal or reduced criminal or civil charges from the ticket – and reduced CSA numbers.
Violations without court citations mean your company and your driver are pretty much sunk. Your only realistic option is to appeal to Data Q to try to have the violation removed, and that is kangaroo court at its worst.
Will the officer correct himself? No. Will the Data Q representative at the FMCSA believe you or the officer? Only if the proof you offer is some strong written proof. So, no again.
That’s why CSA scores are skyrocketing. This must be addressed by your state Trucking Association, or the mothership - the American Trucking Associations, or OOIDA. So, complain – loudly.
