Mirror Cover Missing a Violation

Discussion in 'Trucking Industry Regulations' started by Tez, Jun 23, 2011.

  1. Tez

    Tez Light Load Member

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    I got pulled into the Gallup port of entry in New Mexico this week on my way west to St. Louis.

    The truck that I'm driving isn't the best out there, but it does the job and runs great.

    I ran overnight Friday and during the night the plastic cover for the back of the mirror came off. No functionality was lost and it wasn't a safety issue. I had already made plans to have it fixed when I got to St. Louis.

    The woman that did the Level 1 on my truck didn't find anything wrong and was just about to give me the paperwork stating that there were no violations when a man came out and asked her about the mirror. She said that it was just cosmetic and that it didn't affect safety at all. He told her to look up a regulation (wasn't 392.xx), and told her that it was a catch all regulation. He said the regulation says that all equipment on the truck has to be the way it was manufactured.

    I only got a repair ticket, so it wasn't a big deal, but if it's a "catch all" regulation then can't they use that for just about anything on a truck? Even if they find no safety violations they can use this regulation to write up something, right? Don't really feel that it was right to get written up for that. Any opinions?
     
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  3. kajidono

    kajidono Road Train Member

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    Fight it, get it thrown out, laugh at them for being stupid.
     
  4. Tez

    Tez Light Load Member

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    It was just a repair ticket, so I probably won't fight it. It bothers me though because I know it will show on my CSA score and it really seems like a bogus regulation. Maybe it was written with better intentions but it seems like it's used just to hassle drivers with no actual safety violations.
     
  5. ronin

    ronin Road Train Member

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    Fix it (which he was doing anyway), send them the paperwork and get it tossed....

    Or, take a few days off, get routed to New Mexico and fight the ticket in court?

    I think I'd just fix it. Just like one of my lawyers said a long time ago... a lawsuit with merit doesn't need principle, and a lawsuit based on principle has no merit.

    Same goes here.
     
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  6. ronin

    ronin Road Train Member

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    Probably designed to combat the guys who use duct tape and baling twine to hold body parts on...
     
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  7. Tez

    Tez Light Load Member

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    Very true. Don't get me wrong, I see the value in the regulation, just don't see the sense in applying it to every little thing.
     
  8. ronin

    ronin Road Train Member

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    Agreed.... but those guys with the stick on numbers and letters bought at the truckstop... and chunks missing out of fenders and bumpers... need a catch-all so someone can say "you can't do that".

    On an unrelated note... I've dealt with vinyl letters and decals both for business vehicles and race cars... and you can pretty much go into any graphics shop and say you need your company name, MC number, etc, done in vinyl... for $20-30... if you don't get fancy. By the time one of these foreigners, who are usually major cheapskates, pays $4 a letter at Flying J, they've spent $100 on truck lettering. Makes no sense, and is very contradictory.
     
  9. Injun

    Injun Road Train Member

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    I have not seen any regulation stating the vehicle needs to be in the same condition as when manufactured. Most of us would be in trouble on that one. Lights and chrome, anyone? The only way this won't show on your score is if you were written under New Mexico statute only, with no mention of (forget the number just now) "Local Laws" FMCSR.

    A fix-it ticket given during an inspection equals points on a driver's safety record. Even though it was a "warning" ticket. That lady had it right. The other guy was looking for something to write you up for. If you are a member of OOIDA, they just may be interested in this one.
     
  10. 123456

    123456 Road Train Member

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    New Mexico heading WEST to St Louis !!!!

    Some good miles in that trip !!!!
     
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  11. CondoCruiser

    CondoCruiser The Legend

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    That guy was FOS. It has to be malfunctioning equipment like a burnt out light bulb or the mirror itself not working. Like the lady said, the cover is cosmetic. It might protect the wires and mirror motor, but it is nothing detremental to causing you immediate problems on the road. The DOT don't need people like that working for them. He wasn't satisfied until he created something. He ought to be fined for fictitious activity and see how he likes part of his paycheck taken for making a mistake on the job. What's good for the goose is good for the gander. Just dreaming, lol.
     
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