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  • Writer's pictureEvelina.Petrov

Updated: Aug 12, 2022

A violation is a toll transaction that is issued on paper because the transponder or license plate that was read on the vehicle cannot be matched to a valid toll account. Violation is a term used by some toll authorities, while other common terms are toll by mail, plate toll bill or plate toll invoice.


Any commercial fleet that operates on tolled roads or bridges is subject to the possibility of violations, which most often come with additional cost and delayed processing time. A diligent and comprehensive approach to toll management requires anticipating violations, actions to minimize their occurrence, and understanding how to handle them when they do occur.



How Violations Work

Toll violations and paper toll bills occur when a vehicle passes through a toll booth or toll gantry without the transaction being recorded and validated in a standard way. While many toll facility operators focus on transponders as the primary means for capturing toll transactions, they also often implement a toll by plate system as a backup. As a truck or other vehicle travels through a gantry or other toll reader, the system will look for a transponder but also capture an image of the vehicle’s license plate.


If the toll facility operator is unable to identify a transponder or a license plate on a known account, then it will attempt to reference the Department of Motor Vehicle (DMV) records in the relevant state. This additional processing adds time and expense for the authority, which then results in increased cost for the fleet.


Once the tolling authority identifies the vehicle owner, it will either post the toll to an active account or issue a plate toll invoice via mail. Either way, an administrative fee will likely be added to the toll amount, resulting in a greater expense than a transponder-based transaction. In some cases, a tolling authority will have three toll rates: a transponder rate, a plate by toll rate, and finally a toll by mail rate, with the latter being the most expensive. There will also be a delay in the fleet receiving the charge due to the additional processing time required by the tolling authority, especially in the case of the mailed paper invoice.


How To Avoid Them:

Commitment to keeping fleet data as up to date as possible, notifying toll authorities of equipment changes. Typical equipment changes include fleet expansion, replacing transponders and swapping out older pieces of equipment for newer ones. As a best practice, fleets should not only update tolling authorities on a daily or weekly basis, but they should also conduct a complete equipment audit on a quarterly basis.






TR


AIN DRIVERS TO PREVENT THIS COMMON PC VIOLATION 395.8E1PC


Drivers who violate the personal-conveyance provision may now be cited for violating “395.8E1PC,” so make sure your drivers know what’s acceptable when it comes to personal use of a commercial vehicle. They need to understand that their actions not only affect the carrier’s BASIC score, but their individual BASIC scores as well. Use the CSA Driver Training, available in the FleetMentor Training Center (under Driver and Supervisor Training Programs), to bring everyone up to speed.


What is PC?

When used properly, the PC exception allows drivers to log commercial vehicle driving time as off duty. Such off-duty driving is allowed only for personal reasons, such as to commute to or fro


m work or to get to a restaurant or grocery store.


To use a vehicle for personal conveyance, the driver:

  • Must be relieved from work and all responsibility for performing work,

  • Must not be too ill or fatigued to drive safely,

  • Must ensure that the movement will not benefit the company in any way.




Acceptable as PC:

  • Driving from an en-route lodging (e.g., motel or truck stop) to and from restaurants, entertainment facilities, stores, etc., for personal reasons.

  • Commuting between home and a terminal or a trailer drop lot.

  • Driving to the first reasonably available and safe location to get required rest after running out of hours while loading or unloading and ordered to move the vehicle.

  • Moving a vehicle at the request of a safety official during the driver’s off-duty time.

  • Transporting personal property while off duty.

  • Driving home from a remote jobsite or “base camp” where the driver was stationed for a period of time.



NOT ACCEPTABLE AS PC:

  • Driving to a company terminal, the normal work-reporting location, or home after loading or unloading at a shipper or receiver.

  • Driving that “enhances the operational readiness” of the company, such as by skipping an available rest area to get closer to the next work destination.

  • Driving to or from a facility for maintenance or to get fuel.

  • Continuing a trip to fulfill a business purpose, such as bobtailing or pulling an empty trailer to retrieve another load or repositioning a tractor or trailer at the company’s direction.

  • After delivering a trailer, returning to the point of origin under the direction of the company to pick up another trailer.

  • Driving to get rest after being placed out of service for exceeding the hours-of-service limits, unless told to do so by an enforcement officer.




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Updated: Aug 12, 2022

VIOLATION 395.8E1PC


Drivers who improperly use the personal conveyance (PC) provision may be on the receiving end of a new kind of citation. As of August 2021, drivers may be cited for violating “395.8E1PC,” described as “improper use of personal conveyance exception,” a type of false-log violation.


Violations net 7 CSA points

In the Compliance, Safety, Accountability (CSA) scoring system, the violation carries seven points, the same as any other violation for falsifying a log.


The hours-of-service regulations themselves do not mention personal conveyance, and those rules have not changed. The new way to cite a PC violation, however, will help the FMCSA quantify how many drivers are abusing the PC exception.


The agency is not requiring officers to use the new citation, so some may still lump PC violations under §395.8(e), the catch-all rule for log falsification (and the seventh most common driver violation of 2020).






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