Fighting an Inspection

Discussion in 'Trucking Industry Regulations' started by bc2013, May 1, 2015.

  1. dannythetrucker

    dannythetrucker Road Train Member

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    Is it a local ordinance ? 392.2 doesn't say anything about mudflaps.

    Yah, kind of sucks when you have to add pseudo-lawyer to the already long lists of caps to wear as O/O. We used to just figure it was the cost of doing business, you'd try not to get to many but generally just pay it as far less expensive than going to court.

    Cops figured that out and are getting more aggressive all the time, but with the CSA points and percentage scores a guy almost has to go play lawyer, you just have more to gain by going and defending yourself than you have to lose.
     
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  3. T|2uck3r

    T|2uck3r Light Load Member

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    I had a blown tire on the trailer, called road service and he put a new tire. I asked about the mudflap, he said it's still good, same as yours on picture. So on my way back I get pulled in truckee ca, level 1, no violations, got a sticker.

    I'd say it depends on officer.
     
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  4. crzyjarmans

    crzyjarmans Road Train Member

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    Ya, Cop being a donkey's private, as I would fight any ticket I get, but your ticket is more likely a fix-it ticket, just replace the mudflap, and move on, don't let the small things elevate your blood pressure, best of luck
     
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  5. Its like you said, the states are strapped for cash. The DOT are a cash cow,
    I could appreciate being able to fight .a bogus ticket. For some, its hard to take time off work. Or get "what's the name now". fleet rider, driver manager. To get you a load in that direction. To goto a court hearing.
     
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  6. scottied67

    scottied67 Road Train Member

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    The best way to fight it is to call the officer's bluff and refuse to sign the ticket/ inspection sheet. Now he has to haul you off to jail and see the judge the very next open court. Judge would throw this out and if enough drivers did this across the country things would change to where we would only be written up for legit safety stuff.

    I got a $175 ticket once for the lettering on the truck not being a contrasting enough color-- tell me how that is a safety problem and people could die from that??
     
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  7. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    For example.....
    If a truck is wrecked, whether its the drivers fault or not, is damaged & stuff is leaking from it, whether powder, gas, liquid or a solid... & they dont know what this is, if its hazardous or explosive or an inhalation hazard, or its on fire etc, and they can not or choose not to get close enough to get the BOL from the cab, they need to see the name & DOT numbers etc from a distance whether with eye sight or binoculars so they can get the company name &/or info from the side of the truck, so they can get additional info to find out what is leaking etc from the load/trailer.

    In short, if the information on the truck is not legible or contrasts too much so it restricts them from getting the information, in this example, to get information on the truck, company & its load, yes, a leak involving a hazardous material or an existing fire or something that may cause a fire with people nearby could get people killed. So, in this example, DOT rules are in place to make sure the information on the side of the truck is legible... at a distance... & does not contrast with the background color of the truck.

    As well, you have to consider any sunlight, shadows, reflections, etc that may further diminish the legibility of the info.

    You asked, I'm just sayin' ........
     
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  8. heavyhaulerss

    heavyhaulerss Road Train Member

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    Now the d.o.t. is going to use your explanation for a reason to do more write up's. THANK'S !!! :smt072 :biggrin_25523:
     
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  9. bc2013

    bc2013 Bobtail Member

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    Las Vegas, NV
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    Thanks for all your help. I didnt get a ticket, it was written up on a level 2 inspection. So I was just wondering how to fight it on the inspection. I know its only 1 point on my CSA score but if I can fight it I will.
     
  10. JJKid

    JJKid Medium Load Member

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    Unforatuntly - you cannot fight this. Had it been issued a ticket, you can definitely go to court for it and as long as it a) gets dismissed or b) gets adjudicated to a lesser charge, you can get it removed from YOU and your COMPANY's CSA.


    HOWEVER - you must also realize.. in any ticket case for CSA sake:

    it will be completely removed if it gets DISMISSED.
    it will be changed to a 1 point violation if it gets CHANGED To a lesser charge (anything).

    so in your case..................if you gotten a ticket, you would need to get this dismissed otherwise you just paid attorney fees, ect for no reason as it the severity weight of this violation is already 1 point.

    hope this helps.
     
  11. scottied67

    scottied67 Road Train Member

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    To fight Inspection Report violations you'll have to use the DataQ process. I believe you write up your case and it goes straight back to the same officer who wrote the violation and it is up to him to vacate the violation based on your argument you don't deserve the violation.
     
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