You would really have to look at the FMCSA website and search within their guidance related to that specific regulation.
Even then the interpretation is up to the individual officer performing the inspection.
Changing again, the rules change but we're not told til after.
Discussion in 'Schneider' started by TennMan, Mar 16, 2016.
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It doesn't matter what JJ Keller defines laden as FMCSA doesn't clearly define laden and that's what matters. Therefore it's left for interpretation and it will be interpreted by each jurisdiction differently.
As prior LEO you should know ignorance of the Law is not a defense.
You may be right. I was personally told by Texas DOT pulling any trailer by a cmv is considered laden.
That's the problem there's no clear official definition. -
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It's the same as having a firearm in your CMV fmcsa does not forbid it but a state you travel thru may.
To much room for mistakes so they can get in our pockets. -
The burden of proof is driving a CMV must be logged on line 3 as driving, it's the drivers responsibility to prove they aren't working or under dispatch.
All a DOT officer has to prove you or I was driving and not on line 3 our defense would be to prove we are legally driving on line 5 as an exception to line 3.
Either way if we both go thru a scale and they check logs crossing the scale we both might get waved on thru on line 5 or we may not.gentleroger Thanks this. -
Does your 14 hour clock keep counting down after you switch to line 5.....?
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Cat sdp Thanks this.
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I line 5 and it will tick down if I had hours. If I run out, doesn't matter I'm on line 5. Also if I wake up and line 5, my clock doesn't start till I go on dutyCat sdp Thanks this.
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