Unsecured Load

[lagomu]

My jurisdiction is: Florida

I drive a roll-off truck that hauls pre-loaded containers. It has a DOT approved tarp system installed. While transporting a load of scrap metal a piece of metal fell from the container onto the roadway and slid into the grass on the side of the road. I was cited for an unsecured load (section
316.520). I believe this to be the wrong citation for this offense as all resonable precautions were taken to secure the load prior to transportation.
Should I fight this?

 

[sitlet]

No matter what, it is the driver's responsibility to secure the load. Just because you have a tarp system does not mean that something wont fly out. If you are hauling any loose cargo, you need to make sure it is packed in a way that nothing will fly out (i.e. the containers arent loaded over the top of the container). You cannot just rely on the fact that you have a tarp to secure the load. You're lucky that piece didnt fly into someones windshield and kill them.

 

[iowaboy77]

In Iowa you wouldn't be liable. I had a piece of metal come off a semi in front of me and go through the windshield. Luckily nobody was hurt. I chased the semi down and called the sheriff. Since all reasonable precautions had been taken, they refused to issue a citation.

 

[Lois]

Two words, Pre-Trip?

This is another great example of how the laws are stacked against the driver as opposed holding the carrier responsible. Local DOT authorities all too often exploit the driver's ability to fight unfair citations knowing that most drivers are OTR, and would not be available to fight the ticket. Bottom-line, they know it's cheaper to pay the ticket, than even to show up for court, much less, fight the ticket. Regardless of whether you are OTR, as a 7yr OTR driver (now local) I would fight the ticket based on the above reasons alone. I have no experience with roll-off equipment, so it's hard for me to say if you were really at fault. If you can prove that you did a thorough pre-trip (i.e., log book, carrier policy), have a good safety record, and that it was equipment failure that you could not foresee, then I say fight! Of course, it really boils down to the almighty dollar. You are the only one that can determine your personal cost. I would ask myself this; 1. Could I have caught the equip problem in a pre-trip? 2. Are the fines commensurate with the cost to fight? And 3. Is your safety record important enough to you for the extra expenditure, if any?

 

[Lois]

Two words, Pre-Trip?

This is another great example of how the laws are stacked against the driver as apposed holding the carrier responsible. Local DOT authorities all too often exploit the driver's ability to fight unfair citations knowing that most drivers are OTR, and would not be available to fight the ticket. Bottom-line, they know it's cheaper to pay the ticket, than even to show up for court, much less, fight the ticket. Regardless of whether you are OTR, as a 7yr OTR driver (now local) I would fight the ticket based on the above reasons alone. I have no experience with roll-off equipment, so it's hard for me to say if you were really at fault. If you can prove that you did a thorough pre-trip (i.e., log book, carrier policy), have a good safety record, and that it was equipment failure that you could not foresee, then I say fight! Of course, it really boils down to the almighty dollar. You are the only one that can determine your personal cost. I would ask myself this; 1. Could I have caught the equip problem in a pre-trip? 2. Are the fines commensurate with the cost to fight? And 3. Is your safety record important enough to you for the extra expenditure, if any?