Fighting an Inspection

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

  1. bc2013

    bc2013 Bobtail Member

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    Was wondering if and/or how to fight a violation on an inspection. I was recently pulled over and the DPS officer wrote me up for a mud flap that was damaged. Violation Code 392.2wc. I didnt think it was a problem so I didnt replace it. Below is a pic of it. Maybe I'm wrong but just wanted an unbiased oppinion. Thanks for your time.





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  2. joesmoothdog

    joesmoothdog Heavy Load Member

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    Doesn't look undamaged.
     
  3. misterG

    misterG Road Train Member

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    Its damaged. Live with it.
     
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  4. sherlock510

    sherlock510 Road Train Member

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    Be lucky that's all they found!
     
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  5. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    I say its one of those bad calls by the officer. Although technically damaged, it (mudflap) can still perform its intended function.

    If I or the company, wanted to fight it, I would. I believe it would be a win-able violation to overturn with a fair/reasonable judge.

    If it was torn up to the point it couldn't.... or is likely not.... able to perform its function, ok... but I think this violation is not warranted.
     
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  6. nikmirbre

    nikmirbre Road Train Member

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    While i may agree that its ok…..While its ripped at a point where it needs to be attached to the bracket…..left unchecked, it will continue to rip and fly off going down the road…...
     
  7. peterbilt_2005

    peterbilt_2005 Medium Rare

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    Its not one solid piece, thus your ticket.

    The DOT can find upward to 400_voilations on a truck just off the assembly line.

    Like the other guy said. Be glad it was "Just" a mudflap.
     
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  8. heavyhaulerss

    heavyhaulerss Road Train Member

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    it has gotten so bad that no matter what the d.o.t. writes ya up for you'll have people saying you deserve it cause you are in violation of whatever law, no matter how ridiculous the law is. there is no way that mudflap should be written up for. a verbal warning at most. you would likely win if you went to court, they don't expect you to is one reason why they do this. I have never seen the d,o,t, do these kind of things years ago before the states were in the financial red as they now are. it's all about money. 1 day I fought a ticket. took off a day from work drove 100 miles 1 way. went into the court room. the case was continued cause the officer did not show up. said they never expected me A TRUCK DRIVER to show up. it was continued. went back 3 weeks later another day off work.after the officer spoke, I defended my position & told the judge, do you think I would lose 2 day's pay & drive 400 miles to fight a $75.00 if I were in the wrong? yes judge it is the principle, my license is how I make my living I will always fight for my right's. the judge discharged the case, spoke very polite to me & asked to see the officer in his chambers.
     
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  9. heavyhaulerss

    heavyhaulerss Road Train Member

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    so knowing that the d.o.t. can write up any amount of bogus violations... if stopped & written up, we should thank them for only writing 1 or just a few instead of many? thank you officer for giving me this violation & not giving me so many others that you can make up!
     
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  10. double yellow

    double yellow Road Train Member

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    Arizona? They love to write tickets for sailing mud flaps and yours probably flaps all over the place at highway speeds.

    Why on earth wouldn't you replace it? At least mount it upside down so it is securely fastened. And if you stop backing all the way into curbs, you won't have to keep replacing them either...
     
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