Truckers See Local Fines as a Cash Grab

Michigan Capitol Confidential ^ | 4/1/2016 | Anne Schieber

[MichCapCon]

Ask drivers of commercial trucks about safety enforcement and they will tell you they are under siege. Truckers can be cited for any number of offenses and fines can run into the hundreds of dollars.

Consider the case of James Cotter, who runs a truck rental business. When his wife was driving one of the company trucks, she was pulled over by the Michigan State Police and fined $425 because her medical certificate expired three months earlier.

“We were under the impression that medical certificates were keyed to your driver's license through the Secretary of State and that licenses would not be renewed without a valid certificate,” he said.

What irritated Cotter was the assessment Eaton County added to the ticket. He checked other counties and discovered that had his wife been pulled over one half-mile north in Ionia County, the fine would have been $125.

Cotter challenged the ticket and the magistrate reduced the fine by $65. But the experience left him frustrated and angry.

“I think it is outrageous and still don’t understand the lack of uniformity between jurisdictions in assessing fines. We can still appeal but with time and distance involved, it really isn’t a feasible option,” he said.

It is difficult to determine how much the state collects from truck fines. The trucking industry has tried to keep track but state data has been too complex. Another difficulty is that courts and municipalities keep some of the fines, and much of that money is not tracked at the state or national level.

"Inspections are necessary but they have to be done properly and for the right reasons," said Mike Matousek, the director of state legislative affairs for the Owner-Operator Independent Drivers Association.

“We support a commonsense approach to inspections but unfortunately, that doesn't always prevail, again, if the incentive for inspections is to generate revenue,” he added, saying truckers avoid areas with aggressive inspections because they can cost them thousands in fines and lost productivity.

Senate Bill 861 and House Bills 5490-5492 won’t address the Cotter’s issue specifically but does attempt to reduce the local revenue incentive for truck safety and weight inspections. The Motor Carrier Division of the Michigan State Police conducts the majority of inspections but local police departments can also get authorization and their municipalities can keep all the fine revenue if citations violate a local ordinance. Somerset Township in Hillsdale County has considered such an ordinance but has put the issue on hold after outcry by truckers and the community.

The bills would order any local fine revenue associated with commercial trucking to be redirected to county road commissions and clarify that agencies must have probable cause to pull drivers over. Michigan prohibits ticket quotas but recently, a deputy in Newaygo County was caught on video telling commissioners how he reprimanded subordinates for not writing enough tickets.

“When people get pulled over, they want to know they are getting pulled over for the right reasons,” said Senator Mike Shirkey, R-Clarklake, who is sponsoring SB 861.

The Owner-Operator Independent Drivers Association and the National Motorists Association support the bills. The Michigan Township Association does not support the bills.

“We are concerned that the bills redirect fees away from local units of government—an all too common occurrence impacting local budgets. The bills also fail to recognize that townships incur costs in maintaining Michigan’s roads and enforcing local ordinances. Although townships have no statutory obligation to do so, they contribute well in excess of $186 million each year to local roads and bridges, in the form of matching funds or paying for road project costs in their entirety, as well as public safety and ordinance enforcement,” said MTA spokesperson Jenn Fiedler.

[Bitsy]

Truckers have been getting screwed for years by state and federal law enforcement agencies. If a rock hits a tail light and a trucker is in route and doesn’t notice it, the “law” will pull him over, ticket & fine them. This of course, jeopardizes the truckers’ jobs but hey, who cares, the gov’ment got their money! Makes me sick how they take advantage.

[Navy Patriot]

The purpose of police is to raise revenue.

[patlin]

“We were under the impression that medical certificates were keyed to your driver's license through the Secretary of State and that licenses would not be renewed without a valid certificate,” he said.

WHOOPS! ... as a CDL holder, I can verify that this guy & his wife did NOT do their homework and thus suffered the consequences of the age ole rule, "ignorance of the law is no excuse".

And I say this as a current CDL holder who has not renewed their medical certification as I am not driving at this time, yet I know that if the need arises that I am required to get back behind the wheel of our Peterbilt, I would need to renew my medical certification, file it with the state AND THEN I will be legal to resume operating as a fully certified commercial driver.

[unixfox]

War on Truckers.

[patlin]

Most truckers are screwed due to their own ignorance. As a CDL holder I know what I speak of, see my comment below... http://www.freerepublic.com/focus/bloggers/3417655/posts?page=4#4

[patlin]

War on ignorance is more like it

[Bloody Sam Roberts]

“I think it is outrageous and still don’t understand the lack of uniformity between jurisdictions in assessing fines."

Does he understand why a dog licks his b@ll$?

[Seruzawa]

Governments... nothing but looting gangs of criminals.

[baltimorepoet]

The purpose of police is to raise revenue.

Once one understands this, so many things make sense.
1) Trucker fines
2) Traffic cameras
3) Civil asset forfeiture

Actually the modern purpose of governments is to raise revenue (rent-seeking). Police are just another branch of the government.

[oldvirginian]

I made my first long before the CDL was mandated. We operated under the chauffeurs license.

Any driver who thinks the health certificate is keyed to the CDL is...oblivious to reality or being dishonest.
The health certification is one of the most basic laws governing the CDL holder.

Back in the old days we used to carry plenty of cash because we knew the various states and localities saw us as another source of revenue.

I was showing my permit book to an officer at an Ohio weigh station when a driver behind me wondered aloud “wonder what qualifications it takes to be an officer here”?
The guy checking out my permit book never looked up but said “I am not a law enforcement officer, I am a revenue enhancement clerk.”
No one laughed.

[Navy Patriot]

...the modern purpose of governments is to raise revenue (rent-seeking). Police are just another branch of the government.

That is a more accurate statement than mine.

[CodeToad]

Every professional that needs a medical knows when it expires. Boo-freaking-hoo she got caught without hers.

[Bitsy]

I don’t know about MOST but my son has his CDL license and I stand by what I said previously. In Louisiana it is expensive to drive commercially.

[jimpick]

I see more trucks pulled over here in Michigan than cars. It is a wonder that they can get anything delivered around here. I also feel sorry for them because they get paid mostly by the mile and are losing money on a job that the pay keeps going down.

[wally_bert]

The Will and Sonny era of trucking.

[oldvirginian]

Yeah, the good old days.
If you couldn’t juggle two log books you weren’t worth a hoot.
If you couldn’t drive 1000 miles a day you were laughed at.
The cops played their part of the game and we played ours.

I knew one guy who had drivers licenses from four states at the same time.
Personally I never had but one.

The multiple license holders and chemical racers ruined it for us all.
When drivers started slamming into cars and killing families it was all over.

[patlin]

Yeah, back in the good ole days. We were grandfathered into this new system as well.

As far as carrying cash, we have never experienced such a need but then, we have avoided going east of the Mississippi. Then California went the way of the east of the Mississippi liberal run states and now we simply haul local and after nearly 40 years long haul, we are very much enjoying our 3 day weekends every week as well as holidays off at home and not in some truck stop far from home & family.

[patlin]

In Louisiana it is expensive to drive commercially

The beauty of the Republican form of government the founding fathers gave us is that if we do not like the way our state serves our business needs, we can move to another that better serves those business needs. Or in our case, we simply quit hauling in the states that don't like or respect the trucks that supply their daily needs.

[oldvirginian]

I’m “enjoying” retirement.
Amazing how bored you can get without a job to do.
Years of being somewhere and doing something replaced by yard and house work.

Funny, I avoided WEST of the Mississippi for years.
I was used to the game here in the east and didn’t mind it. All what you get used to.

Speaking of California, didn’t the Bannister weigh station get shut down by the feds some years ago.
I heard tales of inspectors loosening nuts and nicking belts, anything to write a ticket for.

The last few years I drove I managed to get pulled into the super coop on I-70 in Indiana every time I went by.
I had a new truck and they were writing so many tickets they needed some clean inspections.
Got to be on a first name basis with the staff there.
Even got invited to their picnics!