Complaint Review: Travel Centers Of America (TA) - Strafford Missouri

Larry, The state does NOT need the witness testimony to prosecute this offense. All they have to do is subpoena the certified fuel purchase records which has all of the information they need. FYI...I ran all 48 and Canada and have seen these things first hand. But...I refuse to run illegal for ANYONE as I know the consequences of doing so. Like the other contributor said... You play...You pay. It is up to the DRIVER to be in 100% compliance with HOS regulations. That is the law. That says it all. I actually love when I see this stuff, because each case I see takes another violator off the road, and is just another excuse for a driver to "roll" on another comany who pushes their drivers to run illegally. If that is the case, this driver needs to file a FMCSA complaint against the company. I got tired of competing with all of the drivers who wanted to run illegal.

The state's case is hardly based on telephone testimony. While the officer was on the phone with the respective Truck Stop of America employees, and upon discovery of the discrepancy(s), he made a simple request to have them fax him their copies of the transaction which have on them the dates AND TIMES that the fuel was purchased, which the truck stop can print out in a second. Those copies will be in the officer's possession if or when the driver appears in court to contest the charges. Retailers that serve the trucking industry are required to keep a six month retention record of all fuel transactions, which is similar to the requirements placed upon motor carriers, where they are required to keep on file and readily available of all supporting documents related to hours-of-service entries in logbooks. These transaction records must be readily available to law enforcement personnel upon request, and the dates and times of all transactions must appear on those records. I know for a fact that there are some fuel retailers that will alter dates and times on hand written receipts for drivers who pay cash for their fuel, but there is always an electronic record that corresponds with those hand written receipts, and trust me...it can be matched up, and it will, if law enforcement wants to have it recalled for comparison. I dare offer that there is no such thing as a non-computerized fuel pump on any truck fuel island in the United States, and in the year 2008, but anything is possible I suppose. And of course, any employee of, or any retailer that knowingly and purposely alters receipts for purchases of fuel dispensed into a CMV, is subject to fines out the whazoo if they are caught doing it. If the Feds don't get 'em, the states where they are located will. The states also audit diesel fuel sales at the retail level, including who buys it for fuel tax purposes, and when it was sold to them.

The state's case is based on what two out-of-state TA employees said on the phone. If you plead guilty, the state will have to subpoena both employees and bring them down to court in Cottonwood at the state's expense. Without the witnesses available for cross examination, whatever the cop said they told him is inadmissible hearsay. Given the state's current economic problems they will likely drop the case rather than spend hard cold cash.

Hey...I hate to see a man fined so steeply right here at Christmas, but there are rules out there that we must follow, and in case you weren't aware of it, the Government is no longer playing games when it comes to those hour of service rules. You can call the man and "overzealous cop" if you want to, but that is his job, and what he did is perfectly within the jurisdiction of his job. You can blame Truckstops of America also, but you're in denial as to who should be to blame in what happened. It makes no matter if you pay cash for fuel or use a fuel card. There's always an electronic fingerprint of the transaction that can be verified in a New York minute, as you found out the hard way. Just be glad you only were fined $900.00. Play with those rules and get involved in a serious accident where someone is hurt or killed, even if the accident is not your fault, and that $900.00 fine will be chicken feed compared to what you might endure. Lawyers are becoming well aware of the tips and tricks that truck drivers use out there, and how to look for anything that will nail you to the wall. How would you like to work for a couple of years to pay off a fine, or would you care to share a cell with "Bubba" for a few years? All it takes is to be in a place where you should not be, at the right time where someone comes in contact with your truck, and it's all going to fall on your shoulders. There is no such thing as privacy rights when you drive a commercial vehicle. Your whereabouts and as to when you were anywhere, as claimed in a logbook, are subject to review at anytime and anyplace, so long as it is being done by someone authorized by the Federal Motor Carrier Safety Administration (FMCSA) to do so. Let this be a lesson to anyone out there who is still taking chances with those rules. One way or another, you will be caught, and there will be no one else to blame but the person who made the false entry in that logbook. And he or she will be staring at you in the mirror when you look into it. And for the record and to head off the challenges, I do drive 100% legal at all times, and I have an Electronic On-Board Recorder (EOBR) installed in my truck to be able to prove it, for six full months prior to, and on any day I happen to be on the road in my truck. And I wouldn't have it any other way.