Avoiding logbook violations at the Truckee, CA, Weigh Station on I-80 can be very difficult.
Even if you beat the ticket in court, many drivers believe they’re stuck with it on their Pre-employment Screening Program (PSP).
That’s not 100% accurate, although it can be difficult, you can request removal of the warning using the DOT FMCSA DataQs Request for a Data Review (RDR).
Moreover, the commercial driver’s license (CDL) holder or the carrier can request an RDR.
First, always check your logbook on your electronic logging device (ELD) before moving your truck.
If you used your vehicle for personal conveyance during your off-duty time, you must ensure you changed the setting to personal conveyance. If not, you must coordinate with fleet HQ to correct it before moving.
Although the ELD is a good tool, it can’t read your mind. Check your Form & Manner entries daily to avoid logbook violations.
When you stop for the night, check to ensure your last seven days of logs are accurate. Form & Manner logbook violations are only one CSA point each, but they can add up fast, and they’re nearly impossible to dispute once a CHP officer at the Donner Pass Weight Station on I-80 writes you up for it.
Another helpful hint is to ensure you seatbelt is buckled before you start your entry into the weigh station. Many drivers have been ticketed because they waited too long to put their seatbelt on, once you start your entry, the inspectors can watch you on their video feed.
The same goes for your cell phone. If it is on top of your logs and shipping documents, don’t pick it up until you are parked. Just holding the phone could be an illegal cell phone use violation. You might be able to beat it in court with an attorney's assistance, but that’ll cost you time and money. You should always consult a CA traffic attorney about traffic violations and citations.
How to RDR of an Appeal or Reduced Charge for a Logbook Violation or Traffic Ticket
The place to start is the DataQs RDR page, where you’ll find a quick reference guide called “Registering for DataQs: What you need to know,” step-by-step instructions, frequently asked questions (FAQs), a fact sheet, and the Crash Preventability Determination Program.
These references are crucial information for novice and seasoned drivers and fleet managers.
Fleet managers can use this information to dispute incorrect information about crashes and traffic incidents charged against their Safety Measurement System (SMS) percentile, which the FMCSA uses to initiate interventions against your firm.
What’s more, many fleet insurers use that metric to establish a baseline for your fleet insurance premium.
Therefore, when you or a driver has won an appeal of a traffic ticket or responsibility determination in a crash investigation, you must use this tool to reduce your Compliance, Safety, and Accountability (CSA) severity points and time weights to lower your SMS percentile.
“…the FMCSA has updated its PSP system to allow for the removal of citations that have been reversed in court. Drivers or their representatives can also dispute errors on their PSP reports by submitting a request for data review through DataQs at dataqs.fmcsa.dot.gov.”
If you win the appeal of a commercial driver’s traffic ticket, you could request that it be removed from your PSP. If it was reduced or changed, you can ask that the CSA severity points be reduced to one for the driver and the carrier.
Getting Help with a Commercial Traffic Ticket or Court Record
If you have issues getting the court record of appeal, reduced traffic ticket, or logbook violation, a commercial drivershould contact a CA traffic attorney for assistance with the DMV or county clerk.
Contact Bigger & Harman for Assistance with Logbook Violations and Traffic Tickets in Truckee, CA, Traffic Court
Logbook violations are complex, as are some traffic violations, like speeding, passing an open weigh station, following too close, lane violations, and others. Contact Bigger & Harman when you have a court date or an unresolved traffic ticket.
Download our e-book, Protecting Your Commercial Driver License.
Call us at (661) 349-9300 — Se habla Español (661) 349-9755. Use the convenient contact form to send us an image of the ticket or email at attorney@biggerharmanlaw.com.
References:
The DOT FMCSA DataQs Page.
The DMV Portal CA Commercial Driver Handbook.