Repeating a Violation that was Previously Recorded on a Roadside Inspection Report

Listing or repeating a violation that was previously recorded on a roadside inspection report.. Example 1: Driver was stopped in jurisdiction A and cited for a non OOS 14 hour rule violation that occurred on the previous day. The driver was stopped again 2 days later in jurisdiction B (within same 8 day period). The inspector in jurisdiction B had knowledge, either by viewing the original inspection report or via query central, that the driver was already cited for the 14 hour violation. The jurisdiction B inspector is again listing the same violation previously listed by jurisdiction A. Example 2: Driver was stopped in jurisdiction A and cited for a non critical lamp violation previous day. The driver was stopped again 2 days later in jurisdiction B, while under the same dispatch. The inspector in jurisdiction B had knowledge, either by viewing the original inspection report or via query central, that the driver was already cited for the non critical lamp violation. The jurisdiction B inspector is again listing the same violation previously listed by jurisdiction A.

Due to the inception of CSA and the impact that each violation has on the motor carrier along with the eventual Safety Fitness Determination based on CSA scores, it is more important than ever to ensure that the motor carrier is not unduly harmed by the duplication of previously cited violations within the same dispatch and/or 8 day RODS period.

Amend CVSA Operational Policy 14 to include guidance for documenting previously cited hours of service violations and non critical vehicle violations. When an inspector has knowledge that these violations were previously cited, providing the violations for hours of service occurred within the same 8 day period and the vehicle violations were discovered under the same dispatch, the violations are not to be listed again. This will include subsequent inspections within the same or different jurisdictions. If Policy is amended the appropriate NTC course material will also be amended to reflect the change.