Observations from roadside inspections

In essence the system works as you describe, the vehicle is inspected and when the defects warrant an OOS the vehicle is fixed by a mechanic of your choice. The inspector identified the defects now you can fix them.

It is the company’s responsibility to inspect and repair the trucks/trailers before they break down or cause an accident. Too many companies have the philosophy of I’ll fix it when it’s broke.

I suppose it never hurts to ask; however, I expect the system to pay for repairs to trucks about the time Hades freezes over. O/O’s and companies are offered a tax break for expenditures related to their operation. It is the responsibility of the company and O/O to purchase equipment roadworthy and keep it that way, not the general public.

Double the motivation, besides we all know the odds are in your favor so when you do get caught the penalty has to be significant to assure you think twice the next time. You chose to violate the rules and got caught. You have to weigh the consequences of the bad choice before you get caught. If the payoff is appropriate then live with the results.

All drivers are susceptible to the general rules of the road, i.e. speeding, littering, following too close, etc. In addition to those rule commercial motor vehicles (CMV) used in the furtherance of commerce have additional safety regulations. Depending on the type of operation the rules were either mandated by the US Congress or the State’s Congress. Either way the rules were brought about by your elected official. Once the elected officials voted and made the bill a law the law was made into an enforceable administrative rule. The difference between a law and a rule is, you can be penalized, arrested, and sent to prison for breaking the law, when you violate a rule you are subject to a penalty. Some rules are laws and a driver or company may be charged with a crime or a violation of a rule, i.e. 49 CFR Part 395.3 pertains to the 11/14 and 60/70 hours is a rule; whereas, 49 USC Section 31151 pertains to CMVs and Safety Regulations is a law. CFR = Code of Federal regulations; USC United State Code. Depending on the severity of the incident a driver or carrier may be prosecuted criminally.

Why is transportation companies singled out? Because some companies willfully violate the safety regulations and have caused the death of a passing motorist or their employee or both due to their neglect. Some people place profit over safety and have caused mayhem in the process. For those occasions the incident is investigated and the appropriate citation is applied, i.e. rule violation or broke the law, and the person/s responsible are prosecuted as deemed appropriate. To ensure it is clear that unsafe drivers and equipment will not be tolerated drivers and carriers are penalized when the safety violations are discovered. No violation…. No penalty.

No one ever said you were; however, transportation companies are using the vehicles to make a profit. The rules are designed to deter people from violating the rules to make more money. When people are caught adding to their bottom line when violating the safety regulations they are penalized in hopes they will cease the practice.

Then you should write a letter to your elected official and request the rules be changed. The rules establish the “Applicability” of the law and regulation. If the rule doesn’t apply then the rule cannot be enforced. Within the rules are limits of when the rule can be enforced, if an officer exceeds their jurisdiction they have broke the law or violated the rule as well.

All rules are announced by a “Notice of Proposed Rule Making” (NPRM) which allows the public to speak their mind before the rule is initiated. Some times the public wins and the rule is withdrawn or revised based on the public’s comments and the spirit of the rule based on the law it was designed to enforce. However, once the rule is in place then the rule is enforced. In the case of CMVs:

I perform vehicle inspections at scales because I do not have traffic enforcement authority. Technically the state stopped the vehicle at the scale, I now have jurisdiction to inspect the vehicle.

The FMCSA is the sub component within the US DOT that is responsible for enforcing the safety regulations 49 CFR Parts 100 – 199 and 300 – 399. The FMCSA develops rules based on what Congress asked. If you’re not happy with what is being proposed write your elected officials.

When an RV is used in commerce it is fully regulated, i.e. CDL, log DOT medical, etc. Some occasions when RVs are in commerce include, drive-away tow-away operations, when the RV is used to transport commercial goods for sale at fairs, or car shows etc.

Mom and pop on vacation are not in commerce; therefore the FMCSR do not apply.

Be safe.