Documenting of HOS Violations
| Entry Date | January 28, 2015 |
|---|---|
| Issue Number | 15-002-DRV |
| Name | Albert R. Vandeaver |
| Agency | Halliburton Energy Services |
| Address | 4375 South Loop 1604 E.Elmendorf, TX, 78112United StatesMap It (opens in a new tab) |
| Phone | 432-257-1890 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Currently, there are agencies that allow violations to be stacked with respect to 395.8(a), 395.8(f)(1), and 395.8(k)(2). In addition, said agencies issues OOS for each; 395.8(a) and 395.8(k)(2). This creates an unnecessary burden on the industry when a company is penalized for several violations, when in point of fact is that one violation, 395.8(a)encompasses the other subsequent two. If there is no log book provided then there is always a violation of 395.8(f)(1) and 395.8(k)(2). |
| Justification or Need | There is a need for consistency when it comes to \"stacking\" issues on duty status violations. When this this issue to was brought to several different agencies attention, vastly different renderings were given. Some state agencies recognize the issue as \"stacking\" whereas others do not. Same with the FMCSA when contacted. One region stated they would have two removed, leaving only 395.8(a) whereas another regional office of the FMCSA upheld listing all three violations. As the CVSA Executive Policy on Stacking is addressed toward \"stacking\" of citations (Fine Schedule) on the following example, it would be in the interest of all if the same policy was enacted regarding the above duty status issue: Pg. 12 of the Schedule--Cited example of stacking on citations \"(b)Issuing separate citations for an inoperative turn signal and an inoperative stop lamp, rather than a single citation for one inoperative bulb.\" Said principle should be afforded to non-ticketed violations. The very purpose is stated in the first sentence of pg. 12 of the Schedule, \"to promote inspection, uniformity, compatibility, reciprocity...\" I know the Schedule is directly addressing fines but companies are also penalized when they receive multiple non-ticketed violations (particularly OOS). |
| Request for Action | Request that when a driver is issued a violation of 395.8(a)No Duty Status, then 395.8(f)(1)Driver Record Not Current and 395.8(k)(2) Driver Failing to Retain Previous 7 Days would not be charged on the inspection. At the very least, refrain from placing an additional out-of service charge onto the violation of 395.8(k(2) and abstain from denoting 395.8(a). |