Log book Violation

This is all stuff done during an INSPECTION, not a routine ticket/citation. Not that they can't do an inspection for any reason at all, but normally they simply pull you over for an inspection and tell you such. I've only been pulled over once, for doing 64 in a 55 on I81 southbound in Harrisburg at the I83 split. The officer came up to my right side since my left was by the highway. All he did was ask for the registration, log book, and driver's license. Went back, checked stuff out, came back and said everything looked good. Gave me a verbal warning, then went on his way. Never asked to get in the truck or anything.

 

If you refuse the officer may decide not to complete the inspection until you cooperate. Deny access too long and you may be cited for interfering with a public official in the performance of their duty.

There are officers dedicated to vehicle inspections, in Illinois they are called “Commercial Vehicle Officers” (CVO). The FMNCSA pays states to perform roadside inspections and for the states to upload the inspections to the Motor Carrier Management Information System (MCMIS). Once the data from a roadside inspection is uploaded to MCMIS the data is placed into an algorithm and the carrier is assigned a Safestat Score from A – H. A is bad H is good. Carriers that are classified as a category A or B carrier for two consecutive months receive a visit form the FMCSA or its state partner for a compliance review.

Carriers with a Driver and Vehicle Safety Evaluation Area (SEA) score above 75% are most likely category B carriers and will soon receive a visit.

The data collected during a roadside inspection is viewable by the public at http://ai.volpe.dot.gov/. The public can see VINs and OOS violations.

I will admit I don’t venture into sleeper berths very often the sleeper berth is subject to inspection as the sleeper berth must meet the requirements of Part 393.76 for a driver to log sleeper berth. If the truck’s sleeper berth does not meet all of the requirements of Part 393.76 the driver cannot log sleeper berth time. FYI the requirement for adequate bedding has not been removed from the FMCSR:

Passenger restraint aside, there must be a mattress and adequate bedding.

I concur; I carry bolt cutters and steel cable cutters for the tougher seals. ASPEN has been improved to allow the old seal number and new seal number to be part of the inspection report. I carry stove bolts, washers, nuts, and a pipe to bend the stove bolt over to replace bolt seals.

Believe it or not if the load has the possibility of affecting the vehicle’s stability the vehicle maybe placed OOS. I’ve seen at least two vans that carried steel coils inside the van with no blocking or bracing. I know of one occasion when an engine manufacturer placed five large engine blocks balanced on the bottom of the engine with no blocking or bracing. As the vehicle exited I-55 NB to I-80 EB the engine blocks fell over taking the truck and trailer with them blocking the off-ramp for several hours.
Load securement is a valid violation for vans.

Drivers open the doors to the trailers, not the inspectors.

Please provide a court and date for reference.

Now if the officer expanded the scope of their duties and started going through cabinets, luggage etc. there is a problem. However, the sleeper berth has equipment requirements per Part 393.76 and is subject to inspection. If the officer sees contraband or other signs of illegal activity, i.e. additional log books the officer may have to ask the driver for permission to open the space inside the sleeper berth; however, for a federal inspector no search warrant is required as the inspection is an administrative law function.

How would the officer know the trailer is loaded top to bottom until the officer opened the trailer for inspection?

I believe you’ve mis-interpreted Part 392.9(b)(4). Part 392.9(b)(4) applies to a driver performing load inspections every three hours or 150 miles which ever occurs first. While a driver maybe excepted from performing the load securement inspection, it does not exclude an officer from performing the inspection. If an officer discovers load securement violations the vehicle would be placed OOS.

Ever been inspected at a scale? There is no reason for the inspection except the officer decided to inspect your vehicle.

Be safe.

 

Don't you guys have normal metal or plastic snap seals you use? Ones with seal numbers on them so the receiver can verify the new seal number?

Only once, out in Truckee on I80. Passed no probs, although the trailer took 2 minor hits, they didn't cite me for them, just noted them and asked to get the trailer repaired when possible.

I was just saying that you can be inspected at any time, for any reason, and the officer doing the inspection doesn't need to justify it with anything else than, "Because it's my job."

So, in a way, I was agreeing with you, or you with me, or something...

But the stuff NYC inspector was describing isn't part of a normal citation routine unless there was already an inspection being done, which I am sure that any officer that pulls you over, even for a minor citation like a taillight out, is doing a precursory inspection to see if it'd be worthwhile to do a full one. One reason to run a clean truck and fix anything you find wrong ASAP....

Oh, and thanks for your time Mike, nice to have someone on the "dark" side (I'm assuming) around with some good info.

 

There is an official numbered sealed used as well as the stove bolt. The stove bolt is used to replace a bolt seal with an equally strong securement device. As mentioned ASPEN has been modified to include the old and new seal numbers so they maybe part of the inspection report.

Popular misconception amoung drivrs and carriers. The fifteen days allowed to return the inspection report is for administrative handling. When a vehicle is cited for safety defects the vehicle is to be repaired once the vehicle reaches its destination. The repairs should be repaired prior to the vehicle being dispatched on any subsequent runs.

My bad its been a long week.

Many troopers are only Level 2 or Level 3 qualified and do not perform full Level 1 inspections. Crawling under a truck is dirty work, officers in dress uniforms other than fatigue or BDU style uniforms try to avoid grease stains.

Depends on your perspective, at times I'm Luke Skywalker fighting off Storm Troopers.

Be safe.

 

Ah. 10-4.

Ya, that was what he said. But we were dropping the load at a drop yard and asked him if he meant before we dropped it there, or before the load itself was delivered. He said as long as it got done before the next load was put on it.

No worries.

Can definitely understand that. Lord knows I went through plenty of uniforms in the Navy.

Heh, that analogy works too.

 

And folks, that is why I do not go to New York.

 

There is not a public trailer that cannot be opened, it may take a phone call or two and a delay waiting on an official from the appropriate agency; however, all vehicles are subject to inspection.

When a government agency uses a for hire carrier the carrier is subject to the regulations. If it is a HM shipment made by a government agency and carried by a for hire carrier the goverment agency is subject to the HMR and maybe cited for HM shipping paper, marking, labeling, and packaging violations. If the government agency uses their own vehicle to transport HM they are exempt from the HMR.

Be safe.

 

I had a trooper in Texas ask me if it was okay to open my load. Told him, fine as long as he wrote it on the bol. I had another seal and also asked him to initial it as well.

No problem as far as I am concerned.

 

Wonder what would happen if I was hauling aliens or UFO's?