Changing again, the rules change but we're not told til after.

Discussion in 'Schneider' started by TennMan, Mar 16, 2016.

  1. mickeyrat

    mickeyrat Road Train Member

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    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.
     
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  3. Scott72

    Scott72 Road Train Member

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    That's true, but if ticketed the burden of proof is on the officer to prove in court. He/she would have to find somewhere in the code where it says you can't pull an empty trailer not under dispatch on PC. The definition of laden is "heavily loaded or weighed down".
     
  4. TennMan

    TennMan Road Train Member

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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.
     
  5. Scott72

    Scott72 Road Train Member

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    That's my point. Because there is no clear cut defined rule, issuing tickets pretty much assures that officer is going to court and they know it. Because it's not defined, there's no way for the officer to satisfy the burden of proof,therefore the judge would have no choice but to dismiss the citation.
     
  6. TennMan

    TennMan Road Train Member

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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.
     
  7. TennMan

    TennMan Road Train Member

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    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.
     
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  8. Cat sdp

    Cat sdp . .

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    Does your 14 hour clock keep counting down after you switch to line 5.....?
     
  9. Home_on_wheels

    Home_on_wheels Road Train Member

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    Yes per SNI policy
     
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  10. Scott72

    Scott72 Road Train Member

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    Not at my company.
     
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  11. w.h.o

    w.h.o Road Train Member

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    ...isn't it suppose to? If you work 5 hours and log off sleeper it still count down. Should be the same with line 5 since it'd still off duty. Nothing can "pause" your 14 unless u do a 8 hour sleeper.

    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 duty
     
    Cat sdp Thanks this.
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