Shutdown by DOT

Discussion in 'Experienced Truckers' Advice' started by CJH1977, Oct 15, 2007.

  1. BobC

    BobC Medium Load Member

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    I'm inclined to differ here.
    You're subject to FMCSA vehicle inspection at virtually any time you are on duty.
    Unless there's a civil reason for the stop like probable cause, you're not subject to search.
    The stuff in plain sight is open to viewing.
    I don't think they can just grab what they see unless what they can see is openly illegal.
    If I understand it correctly, the officer can ask for anything that has to do with the operation of the truck.
    We have laws on the books for search & siezure practices.

    I don't know at what point a sealed envelope becomes property of the Post Master.
    Is it before or after the post mark?
    Is it just because it's sealed?

    I believe that good ole boy crossed the line when he entered without probable cause or invitation & when he grabbed without asking anything he saw looking like truck paperwork.

    Even with a search warrant, there's only so much they can look for & only certain places they can look.

    These are spelled out in the search warrant.
     
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  3. Mark Kling

    Mark Kling Technology Contributor

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    I have been stopped by local's and DOT at the weigh stations... never had them to step on the front porch... they would stand by the door and ask for my paperwork or ask me to step down..... never heard of one grabbing paperwork... keep all my paperwork in a folder that has a flap for a lid... no paperwork in sight then.. how many times has anyone ever had a trooper or DOT actually step on the front porch?
     
  4. Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    Any sealed/addressed envelope that is stamped, either with regular stamps or "machine" stamps (that declare postage or say "postage will be paid by") is US Mail.
    The envelope can't be "broken into" without the presence of a Postal Inspector OR a search warrant. The postage doesn't even need to be "cancelled". Believe it or not; TripPak are sent via U.S. 1st Class Mail. You just pay a little extra to have someone "collect" and sort it then drop it off at the Post Office. Fed-Ex, UPS and DHL Package services are governed by U.S. Postal laws as well, even though they MAY use their own transportation.
    I have hauled U.S. Mail, for that matter (from an Amway distribution center to a U.S. Mail processing center in Denver), that was stamped and sealed, but the postage wasn't cancelled, and I was told that even a search warrant wasn't enough to "search" it, that a Postal Inspector HAD to be present.
     
  5. CJH1977

    CJH1977 Bobtail Member

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    Jul 23, 2007
    Monmouth, Maine
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    The other thing i found odd about this stop. I had picked up Poland Spring water. The officer wanted to look in the trailer. I told him i can not break the seal on the trailer. he told me not to worry about it and walked to the trailer and broke the seal. He then told me to open the doors. i did as he asked. he looked in and told me to close it up. I did as he asked. he then handed me a Poland Spring seal to put on the trailer. We walked back to his vehicle and i noticed he had a stack of Poland Spring seals sitting in his passenger seat. I thought this was rather odd for a DOT officer to have seals that a shipper has to put on the trailer. if anyone has ever hauled Poland Spring water they know that the security guard puts the seal on the trailer. just thought this was odd.
     
  6. Pur48Ted

    Pur48Ted Road Train Member

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    But did he NOTE he broke the old seal and the new seal number on the BOL?
    I am not even certain a DOT officer can break the seal on an interstate shipment.
     
  7. CJH1977

    CJH1977 Bobtail Member

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    Jul 23, 2007
    Monmouth, Maine
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    He did not note anything on the bills. My thing is why would a DOT officer have seals that only a particular shipper would have?
     
  8. Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    If you get to the receiver, and there is damage or product missing (even if it was caused by the shipper), you state: "a DOT broke the seal and put a new one on"...do you think the DOT is going to verify he broke the seal?
    Cover your butt, anytime someone in authority breaks a seal they HAVE to note it on your BOL, if they refuse, request either the presence of his Supervisor or a US Marshall.
    Short of that, take pictures of him breaking the seal.
     
  9. hoghauler

    hoghauler Bobtail Member

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    Oct 9, 2007
    Rebel Country
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    Thats very strange! I agree with roadkill on covering your butt.
    Theres a nation wide terror drill going on that started the 15th and is supposed to end the 19th.
    Maybe thats why he looked in your wagon.


    http://www.dhs.gov/xprepresp/training/gc_1179350946764.shtm

     
  10. k7aab

    k7aab <strong>Sticking my nose in all the wrong places</

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    I would report the mail opening to the postal inspector and to the state. I would mention the time, date, location and officer that opened the mail. He is asserting more authority than he is given just because he think he can and that is dangerous. Just imagine what else he thinks he can do. :biggrin_2556:
     
  11. calmar_1955

    calmar_1955 Light Load Member

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    Jun 23, 2007
    Iowa
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    I beg to differ regarding Trip Pak being covered by US Postal regulations. Trip Pak is a service subscribed to by trucking companies, provided by DHL.

    DHL is not covered by US Postal regulations - they are a direct competitor of the good ol' USPS.

    Try as you may, you will never get anyone from the post office to back you up on the DOT opening your Trip Pak. Ain't gonna happen.
     
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