TIP: Click on subject to list as thread! ANSI
echo: askacop
to: DAVE SMITH
from: RICH GRIEBEL
date: 1998-01-31 16:14:00
subject: Impoundment

-> MSGID: 1:247/600.0 8BED2B1D
-> TID: WILDMAIL!/WC v4.12  93-1017
-> I just had my second training session on commercial vehicle impoundment
-> today. I don't know if you have heard any rumors about it out there, 
-> but it is a go.  There were legislative changes made to the Highway 
-> Traffic Act and some regulations to define "critical defects". I 
-> won't bore you with all the details, but what they boil down to are a 
-> number of serious defects that go far beyond CVSA O/O/S defects, like 
-> brake defects in more than 50% of the brakes, more tire wear than 
-> tolerated by CVSA and on 4 different tires and similar signs of long 
-> term neglect.
-> All our field staff have been trained an certified in impoundment 
-> procedures. Ten truck inspection stations have been designated as 
-> impoundment inspection locations. They will be operated 24 hours a 
-> day, seven days per week. We have just hired 80 new people who will 
-> be given a crash training course, and there are a number of 
-> supervisors hired (we currently work as a self directed work team)
-> If a vehicle is inspected and places O/O/S with  "critical defect(s)" a
-> second certified officer will inspect it and verify the defects. A 
-> request for impoundment is then filled out identifying the vehicle, 
-> the operator and the critical defect(s). The registrar or designate 
-> will then approve or reject the impoundment and fax it back to the 
-> officer at the TIS.
-> Once the officer receives the faxed impoundment notice, it is served 
-> on the driver and/or faxed to the owner. The vehicle must then be 
-> unloaded and they must effect sufficient repairs that it can then be 
-> transported to a secure impoundment site. The first impoundment will 
-> be 15 days and a record is kept on each vehicle. A subsequent 
-> impoundment within two years will be 30 days and the next on 60.
-> There is a ton of paperwork every step of the way, the request, service,
-> offloading, transport to impound, release.
-> There is an appeal process. Once the vehicle is in the impound yard, the
-> owner may appeal and post a bond. If the appeal is rejected, the owner
-> has 14 days to return the unit to the impound yard.
-> The owners will be responsible for all the costs of off loading, 
-> transport, storage etc. In addition to those costs, they are going to 
-> be charged for operating unsafe equipment. Best of all, the 
-> amendments deem those defects defined in the regs as critical defects 
-> to constitute an unsafe vehicle. Fines range to a maximum $20,000.
-> The program starts in February. There will be an educational period 
-> for one month. Then enforcement will be phased in and is expected to 
-> be fully implemented by mid March.
-> What do you think? It sounds pretty draconian to me, and I am sure some
-> lawyers will make a bundle on it. But the message is pretty clear. If
-> people are going to run crappy equipment on public highways, it is 
-> not going to be worth the risk.
-> Impoundment can only be done at those specified sites for the time 
-> being. It may be expanded across the province in the future. As it 
-> stands now, a vehicle in my area can meet or exceed those criteria 
-> and there is no way to impound it.
Heck, we don't got through all that.  We just tell the driver to call a
tow truck, then give him the $10,000 federal fine lecture.  We catch a
lot of them though still driving, then we take the truck, book the
driver, and the driver gets to appear on a criminal charge, loose his
CDL for 1 year, and pay a substantial fine.
We also impound for expired licensing when the company has a track
record of running without licensing and permits.  My partner yanked on
for me a couple of weeks ago.  On my way in I cited them for no permit
(11' wide dozer) and no licensing and told the driver not to drive until
the company brought out the necessary paperwork.  Either he or the
company decided not to do that so they got caught again.  Truck,
equipment trailer and dozer went to the impound.
As soon as you start taking the trucks, charging the drivers with a
criminal charge, and taking their drivers license away, they get the
message and the nonsense stops.  Most likely you, as we do, find this
problem with a limited few.  The legit companies get a chuckle out of it
though when they see these guys getting towed.
--- Platinum Xpress/Win/Wildcat5! v2.0
---------------
* Origin: Kendra Communications, Everett WA (1:343/304)

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