TXDOT enforcement of FMCSA

https://litigation-essentials.lexis...cid=3B15&key=70dd284d409c476fd87684b2c0d87cd5

Seems like federal prosecution of federal crimes is more of an economic and customary issue than a real jurisdictional consideration. What state wants to spend the millions of dollars on high profile drug, organized crime, or white collar prosecutions? In addition, what state has the talent pool and budget in their DA's office to win such cases and sustain them over the years of appeals that inevitably take place?

Then imagine the hardship on violators of federal commercial vehicle statutes if they had to appear in federal court to challenge citations. Keeping violations under state enforcement most likely keeps the cost of violations and their enforcement down as opposed to making them enforceable by federal agents only and payable to the federal government.

Also, keep in mind that the violation of any shared federal/state statute across state lines is only 'typically' deferred to federal prosecution. As per Commercial Vehicle Enforcement mandates at the state level: "The Commercial Vehicle Enforcement Division is responsible for enforcing both state and federal regulations (FMCSR’s) on all commercial motor vehicles." [That's from Indiana's website] I'm sure the rest of the states have a similar mandate.

I'm sure you're more than welcome to lodge suit against any particular state on the constitutionality of its enforcement of federal statutes but then you have to carefully select those statutes that are not on the books in the respective states. Chances are you would 'miraculously' find those statutes enacted as law in those states quicker than your first filing is actual before a judge, if heard at all.

Seems like the tree you're barking up is bad for drivers and states but good for big government. You're basically asking for the feds to create another federal entity which would undoubtedly be more poorly managed and cost more tax money than currently. Let the states enforce it and let the feds keep track of it. It's actually set up in a way that makes the most sense economically and logistically which is rare for federal government these days.

 

Yes the Texas DPS can enforce FMCSA regulations, as can every other law enforcement agency in the country, you do not need any special permission to enforce these rules. Most agencies participate in the CVSA, but it is not mandatory to be a CVSA certified inspector to enforce these regulations as every state has adopted the Federal regulations by reference into their state laws.

As far as you being a vehicle safety inspector, state inspection regulations only deal with the mechanical safety of the vehicle, not full compliance with all applicable regulations. I have been a Commonwealth of Pennsylvania certified safety inspection mechanic for over 20 years now, our inspection regulations do not care about "DOT" issues, just mechanical safety, as do most states that still have inspection programs.

 

Yes this is exactly what the States do adopt fed rules into state laws and then they add some home brewed State Rules of their own. In the world of Regulation the strictist rule rules. For example NY adopted all FMCSA regulations and added a paragraph that requires all NY resistered CMVs with a CGVR over 10,000 pounds to get a DOT number (Tacoma Pick up with a 5k landscape trailer) where the feds require DOT number over 26k or trailer over 10k Crossing state lines.

 

i think the dot number is a federal requirement ALL states abide by.

in utah. and i've seen in other states. dot numbers are on company pickups. AND, the drivers have to have a med card.


i was told by the last 2 local companies, it's because they have trucks of the heavy duty semi nature. but it seems like there's some companies that i know don't have heavy duty trucks. like landscapers.

so, who knows.

as for texas. i liked that BS i got on my csa for trailer mudflaps flapping in the wind and no refelctive tape on back of sleeper. NONE of their own instate trucks had proper mudflaps and most didn't have the tape.

 

Actually, texas isn't near as strict as they used to be.

In the 1970-1980's they were the worst............

 

Yes. Motor Carriers are covered under federal guidelines. The state is required to follow the federal regulations when it comes to motor carriers.

 

States can and do, although not many of them, adopt intrastate regulations that are less stringent than interstate fmcsa regulations. Most states take the easy way out and declare a blanket statement that the intrastate requirements mirror the fmcsa. In texas, a vehicle operating strictly in-state and never in interstate operations can get away with some items, as they are not required in the Texas regs. In either case, the TX DPS is the enforcement party of both sets of regulations simultaneously, depending on which set applies to you and your truck.