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I-Team: State Gives Companies Break On Fines

Collection Agents Say They Can Only Get Known Fines

POSTED: 4:11 pm CST February 15, 2008
UPDATED: 10:18 pm CST February 15, 2008

Does Tennessee need a heavier hand when it comes to heavy trucks and upholding fines?

Video: I-Team: State Doesn't Collect On All Fines It Levies

A few months ago, the Channel 4 I-Team reported on how paperwork from a single overloaded garbage truck showed how the truck’s driver followed the weight laws just a handful of times in almost four years.

While that percentage is low, the state may have a percentage problem of its own.

According to the I-Team’s research, it appears that Tennessee is collecting only a fraction of the fines it levies against truckers who break the law.

The trucks have broken roadside scales, left an incriminating paper trail and infuriated a U.S. representative.

“I think it’s just a blatant violation of the state’s size and weight laws,” said Tennessee Highway Patrol Capt. Steve Binkley.

“To me it’s really startling that there would be such gall. … They should abide by the law or be shut down,” said U.S. Rep. Bart Gordon.

For months, the I-Team has been digging into the trucks that haul garbage. Mr. Bults Inc. is a Chicago-based company that operates here and nationwide moving the dirtiest cargo: trash and sewage.

Documentation that the I-Team reviewed has left little question on the part of the state that MBI trucking hasn't been following the weight rules.

But is the state really enforcing the rules? And, is Tennessee as tough on overweight trucks as it claims to be?

“I think we're certainly competitive with other states in their enforcement activities on size and weight,” Binkley said.

That might not be saying much, and the I-Team analyzed the state’s own records.

Companies fined for overweight trucks only paid what they owed seven times in 2004, and most got a sizeable break: on a ticket for almost $3,800, one violator paid the state $16 and change. And more times than not, when truckers waved goodbye, the state waived the penalty, the I-Team reported.

You may be wondering, why not go after the cargo or even the truck?

“Tennessee Department of Revenue can only make collections when assets are in Tennessee. We cannot cross state lines to collect assets or serve liens. If they do come back into Tennessee, for example, at a truck stop, we can make collection at that point,” said Tennessee Department of Revenue representative Sophie Moery.

But the department said collection agents can only go after delinquent fines they know about.

In 2005, safety officers wrote $1.3 million worth of tickets on heavy trucks. According to the I-Team’s research, more than $880,000 went forgiven or forgotten, and no amount was turned over to revenue for collection.

The next year, fines were up to $1.6 million, but more than $500,000 was waived and hundreds of thousands went unpaid. But the revenue department did get orders to go after a few.

“Last fiscal year, we collected about $197,000. We did, we did receive just over $300,000. Obviously any case that has not been collected is still open,” Moery said.

The most recent numbers from the Department of Safety don't show much improvement: $1.5 million in fines were imposed and almost $500,000 was waived, which leaves almost $300,000 yet to be collected.


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