Wheels of Justice

Criminal Liability for Hazmat and Log Book Violations

Do you know the difference between an “infraction” and a “misdemeanor” when it comes to violations of the hazmat and log book laws? Simply put, an infraction can be resolved by posting a bond or paying the fine on or before the court date. A misdemeanor is a true criminal matter and requires either the defendant and/or his attorney to appear before the judge. A misdemeanor conviction can result in heavy fines and can include jail time up to one year.

Law enforcement agencies are noticeably more aggressive these days when it comes to enforcing laws about hazardous materials and hours of service. Companies are seeing increased prosecutions that can result in significant fines and even jail time for employees and managers that willfully violate the law. All states have a law that prohibits the employer from permitting their employee driver to willfully violate the law, which is one way the company can get fined and their managers sent to jail. The law usually begins with, “It is unlawful for an owner to request, cause or permit the operation of any vehicle that is…,” and then they insert just about any violation.

Trucking companies and their drivers need to be aware of the state and county need for money and how that need can affect enforcement efforts. Revenue sources for law enforcement are increasingly becoming fines and restitution payments from carriers and drivers, since the money tap is being squeezed by the legislatures. When funds dry up, law enforcement knows where they can find some cash. Law enforcement can make lots of money from fines for HOS violations. Recently, the DOT has started refusing to negotiate with a carrier on the fine amount. It used to be that a carrier could hire a consultant respected by DOT, follow their directions to fix the causes of the violations, and DOT would agree to lower the fines and allow the carrier to pay them over time. Today, if DOT finds the carrier guilty and assesses a fine, the only thing a lawyer can do is beat the DOT on the violation charge and have the fine dismissed or get up to 90 days to pay the fine. It doesn’t seem like they want to fix the problem and make the carrier safer, just collect a big fine.

I could be wrong about government interest in collecting money. But, like I’ve always said, if they didn’t want us to speed, then they would put us in jail one day for each mile per hour we are over the speed limit instead of taking our money and sending us on our way.

Jim C. Klepper is president of Interstate Trucker Ltd., an organization providing legal defense protection to commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking and has his Commercial Drivers License.