Commercial vehicle checks and maintenance are essential for road safety and avoiding costly fines.
Drivers operating on I-80 on the Donner Pass in Truckee, CA, must be especially diligent in keeping their vehicles properly maintained to prevent accidents and violations, as they never know if they will be pulled into the weigh station there.
Daily Drivers Vehicle Inspection Report (DVIR)
Every commercial driver is required to complete a Daily Drivers Vehicle Inspection Report (DVIR) before starting or continuing a trip after an overnight stay, with the results maintained in the log.
The sheer number of parts and systems that need to be inspected on a commercial motor vehicle (CMV) is staggering. Missing just one item could lead to an accident or a violation during a roadside inspection.
While independent drivers can decide when a repair is necessary, fleet drivers must submit their report to a fleet mechanic when there is a fault. However, the mechanic can sign off on the vehicle as safe to drive.
That signed report may not be enough to avoid a citation during a roadside inspection at the many weigh stations and roadside inspections, such as the weigh station on I-80 at Truckee.
Even with a mechanic's approval, a California Highway Patrol (CHP) or Commercial Vehicle Safety Alliance (CVSA) inspector can still issue a citation.
Despite having a mechanic’s signed-off DVIR, which will prove that you did the inspection before you left your home station, the employer, not the driver, is responsible for any fines or penalties during an inspection.
Any faults found during a roadside inspection can lead to citations and Compliance, Safety, and Accountability (CSA) severity points at the FMCSA.
These severity points could be multiplied by a time weight of two or three, depending on the most recent violation in that same area. If it has been six months or less, it is multiplied by three, and two if it has been six months to one year.
The multiplied severity points become a part of the carrier’s Safety Measurement System (SMS) percentile, which is updated monthly and maintained for two years. Carriers with a percentile of 75 or higher are pulled in for roadside inspections at all opened weigh stations.
Drivers should consult a CA traffic attorney before paying fines for any roadside inspection or moving violations.
Why Commercial Vehicle Checks and Maintenance Matter
Commercial vehicle checks and maintenance are critical to ensuring your vehicle is roadworthy and compliant with safety standards.
By performing regular inspections, you can avoid penalties, reduce the risk of accidents, and keep your business running smoothly. Routine checks are a key part of preventing unnecessary legal and financial headaches.
The Cost of Ignoring an OOS Order
In serious cases, an Out of Service (OOS) order may be issued, requiring the defect to be fixed before continuing the trip. This could lead to delays and affect your schedule and earnings.
However, moving the vehicle to continue the trip could be costly.
“No person shall operate any vehicle or combination of vehicles after notice by a peace officer, that the vehicle is in an unsafe condition or is not equipped as required by this code, except as may be necessary to return the vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment have been made to conform with the requirements of this code.”—CA Vehicle Code Section 2800,Lawful Orders and Inspections.
A safety-related issue can lead to fines of $500 or more in California.
Moving violations and roadside inspection shortcomings can be expensive and can negatively affect a commercial driver’s career, but the civil fines at the DOT FMCSA can be much more.
Driver Fines & Penalties for Ignoring an OOS Order at the DOT FMCSA-Level
“Minimum civil penalty assessments for drivers have been increased. Under previous rules, OOS violations carried a minimum civil penalty of $1,000 for both a first and second conviction. That amount has now been increased to a minimum penalty amount for the first and second convictions to $2,500 and $5,000, respectively.”—bulktransporter.com.
Employer Fines & Penalties at the DOT FMCSA-Level
Maximum civil penalty assessments for employers have increased. Previously, a carrier knowingly violating an OOS order could lead to a penalty of up to $10,000. The new rule raises the maximum penalty to $25,000.
Interstate motor carriers transporting hazardous materials could face a $100,000 fine per offense for violating a final unsatisfactory safety rating from a specific OOS order, especially in cases involving death, serious illness, severe injury, or substantial property damage.
Although these are extreme cases, imagine how quickly that could put an independent operator out of business.
A commercial driver’s license (CDL) holder should consult a CA traffic attorney for legal counsel.
Note: Bigger & Harman offer a free initial consultation, without obligation, free of charge.
Hiring a Traffic Attorney in Truckee, CA
Hiring a traffic attorney is a smart move if you receive a citation for vehicle maintenance issues.
An attorney familiar with commercial vehicle regulations can represent you in court, potentially reducing fines or even getting a citation dismissed. Protecting your driving record and keeping your livelihood intact is crucial, and an experienced traffic attorney can help achieve that.
Staying on top of commercial vehicle checks and maintenance will help you avoid faults during inspections, fines, and accidents, keeping your operation safe and compliant.
If You Need Assistance with Commercial Vehicle Checks & Maintenance Faults Found in Truckee, CA, Call Bigger & Harman
If you need assistance with traffic tickets, a CA DMV NOTS Hearing, or commercial vehicle checks & maintenance violations, call Bigger & Harman, APC, at (661) 349-9300—Se habla Español (661) 349-9755.
We specialize in assisting commercial drivers resolve traffic tickets and roadside inspection violations in Truckee Traffic Court in Nevada County, CA.
Consider our accomplishments:
We are members of the California Traffic Defense Bar Association
One of our firm’s founders has earned a 4.9/5 Superb Avvo rating with 114 reviews
Our team was featured on Bakersfield TV
We have assisted more than 20,000 CA drivers resolve their traffic violations.
Use our contact form, or email attorney@biggerharmanlaw.com.
References:
The Bulk Transporter article, FMCSA regulation increases OOS penalties.
The DMV Portal CA Commercial Driver Handbook.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.
The CA DMV Employer Pull Notice (EPN) Program.
The Driver’s License Compact (DLC).