395.24(d) - Create a Sub Violation Code
| Entry Date | September 20, 2023 |
|---|---|
| Issue Number | 23-043-INFO |
| Name | Chris Barr |
| Agency | Indiana State Police |
| Address | 7811 Milhouse Rd. Suite S.Indianapolis, IN, 46241United StatesMap It (opens in a new tab) |
| Phone | 317-694-7042 |
| [email protected] | |
| Committee | Information Systems Committee |
| Status | Closed |
| Summary of Issue | In DTEC today the request was made create a sub violation code to 395.24 (d) addressing when a driver is unable to transfer his RODS due to his lack of knowledge/training versus when the driver is unable to transfer his RODS as a result of a technical issue. |
| Justification or Need | Violations of failing to transfer RODS are being cited roadside when the driver is unable to transfer because he doesn't know how to operate his device. Industry is requesting to know when the violation is recorded if it was due to the driver's inability because of his lack of knowledge or training or if is because the device is malfunctioning. |
| Request for Action | Create a sub violation code to 395.24 (d) that would specify that the failure to transfer was due to the driver's inability to do so as a result of his lack of knowledge and/or training. FMCSA will not create a subcode. The committee submitted a request to add a wizard for the inspector to check if it is a driver or device to the violation. This would allow the carrier to be aware of if Driver or Device problem. |