Weird Oregon trucker ticket question...

Michael.J.Palmer

All right, I know that this forum is full of mostly tech nerds like myself trying to bone up for our next certification but I figured at least one of you might know something about this, or at the very least you can maybe elaborate more on the law in question if you live in Oregon.

My father-in-law is a truck driver and he was recently taking a load cross country to Oregon. Well while in Oregon he was pulled over and asked if he had a book or a permit or something along those lines that is required for trucker's to drive in Oregon. Now keep in mind that my father-in-law has been a trucker for 15 years so he's not some trucking n00b. As far as we know, there is no such law in any state, but apparently Oregon has a law and he got a ticket for it that has a fine of $475. Now to make matters worse, since he was not informed of the law by the trucking company, it' looking like that company will make him pay for it.

Now, it's my understanding that it's the companies responsibility to make sure that their driver's are prepared to drive through each state legally. I can't understand how if they knew the load was going to Oregon they wouldn't get the proper paperwork for him or at least warn him. I need to know if there is a law like this or similar and whether it can be contested by an out of state driver. Also, who would you say is to blame and has to pay the ticket? The driver or the company?

Any educated guesses are welcome if you know anything about general law, of course I'd be happy to get specifics based on the law as well as Google searches are rendering nothing regarding that law.

So what do you guys think?

steve13ad

Do you know what he was officially charged with?

The only thing that I can think of is that it may have something to with what he was hauling, ie chemicals, explosives.

kalebksp

I used to work for my state's commercial vehicle enforcement division, but as IT, not enforcement so I'm no expert. Federal law requires that all drivers carry a hours of service log book and a health examination card, but every trucker should know that. There are usually permits required for oversize and overweight loads, but again that's trucking 101. You can find all the federal laws at the FMCSA website. The ticket should show whether it's a federal or state violation and what section of the law it is in violation of.

kevozz

Is he an owner-operator or work for the trucking company (you said their drivers, but wasn't specific)? If an OO, seems like he would be responsible. If driving for a company, seems like they would be responsible since it wasn't a moving violation. When I worked delivery I was responsible for moving violations.

From what i've heard from a few truckers, you usually need a fuel permit (seems like most states require this) if you operate in a state regularly and IFTA (International Fuel Tax Agreement). If you seldom drive in a specific state, you can pick up temporary stickers at the weight stations or get them online.

Scroll down to Oregon and the Trip Permits section.
DOTAuthority.com - Tax Services

Just found this:
http://www.oregon.gov/ODOT/MCT/
http://www.oregon.gov/ODOT/MCT/AUDIT.shtml


YMMV

Michael.J.Palmer

Thanks for the replies, I checked out the links and it seems likely that that's what he was ticketed for. I'll look into it more (I'll call him tomorrow and see if he can quote me what it says on the ticket) and keep digging. As far as the question on whether he's an OO or just a hired driver, he's just a hired driver. The vehicle and load are property of the company he's driving for, so that's why we're pretty sure the company is at fault.

I'm certain that the ticket doesn't have to do with the driver's log book and hour sheets since he would have been ticketed long before he made it to Oregon if that were the case since he started in North Carolina and literally drove cross country without any problems until he reached the other coast.

Thanks again for the links, just a little insight can go a long way to helping one research deeply.

tallicaman99

I think the whole thing is BS! Don't pay the fine. Make his company pay for it.

earweed

He better check his employment contract, if he has one, Unfortunately if the company chooses not to pay the ticket someone has to or he can lose his CDL. Note that if he loses his CDL he can not only not work but the CDL is tied to your regular license and he can't drive period. If the company wont pay the only thing he can really do is pay the fine and then sue the company for the money.

Plantwiz

Michael.J.Palmer wrote: »

.... As far as we know, there is no such law in any state, but apparently Oregon has a law and he got a ticket for it that has a fine of $475. Now to make matters worse, since he was not informed of the law by the trucking company, it' looking like that company will make him pay for it.

He SHOULD pay. The company may or may not be resposible for the rig and the permits (depending on who owns the truck), but the driver is resposibile for making sure the permits are on the vehicle and keeping logs...that's not the companies responsibility. But it's been about 100 years (or 25) since I worked in that industry and the agreements between driver and company may vary. We had OO and Lease drivers working for us. We permitted our guys, they maintained their rig and logs.

Now, it's my understanding that it's the companies responsibility to make sure that their driver's are prepared to drive through each state legally.

Nope.
Just like your drivers' license permits you to drive in your State and any other State...it is your responsibilty to know the laws within the area you drive.


Sorry, maybe there is more information that wasn't shared yet, but if it's what you posted, I'd think it's his fine amd he's lucky if it's only $475

Michael.J.Palmer

Well, he's home today so we're going to look into everything further, likewise I could get a look at the actual ticket and find out what it's for.