THE DOT

I've driven by some scales with the old "white bulb" signs that said CLOPEN.

Being that I always err on the side of caution, I flipped a coin and blew right on by.

 

Hmmm....
I was pulled over one time by DOT for committing the egregious sin of leaving my cargo lights on after I pre-tripped early one morning....

I was on the 15 S/B about 5 miles S/O the first truck parking from Mesquite, NV.

I saw this guy pulled over with a 4-wheeler doing his job and increasing the great state of NV's income substantially.....

He pulled me over and I asked him what the problem was.....
I wasn't disrespectful or angry...I just asked an honest question...

After pulling a L1 on me and finding nothing to cite me....he handed back my logbook and proceeded to his cruiser...
Then he turned back..jumped up my passenger side step...and told me:"By the way driver...I don't need a reason to stop you....I can pull you over for 'Driving on a sunny day'...."

Yup.....gotta love our DOT...doing the job that none of us would do.....

 

BTW....I'm waiting to get pulled over by my cousin.....He patrols the 15 from "Sin City" north........Ought to be interesting if that happens....

 

If a person is pulled over by a vehicle with lights and screne the officer is a state officer. The vehicle is owned by the state the officer is employed by the state; if the officer writes a ticket it will be for violation of a state regulation.

Roadside officers that are funded by federal grants attend the North American Standard Truck Inspection (NASTI) course developed by the Commercial Vehicle Safety Alliance (CVSA).

http://cvsa.stores.yahoo.net/noamstinfawe.html

The Federal Court of Apeals explains why a Level III inspection allows a search of the cab during a roadside inspection without a search warrant.

http://www.ca8.uscourts.gov/opndir/02/10/021169P.pdf


State employees that perform roadisde inspections are refered to as Motor Carrier Safety Assistance Program (MCSAP) officers:

http://www.fmcsa.dot.gov/safety-security/safety-initiatives/mcsap/mcsap.htm

As a person that has worked for the Sate of Colorado as a MCSAP officer and the feds I can attest that state officers cannot write a driver a citation for violating federal rules. The state must adopt a regulation to allow a state inspector to write a ctiation. When a driver pays a fine the money goes to the city, county, or state of the officer that wrote the ticket.

If a driver decides to contest the ticket they go to a city, county or state court, not a federal court.

Be safe.

 

Mike D. I pull into a truck inspection that was set up at a portable site in Bullhead AZ and all the inspectors were city cops and they just had completed a course of inspecting trucks. It was quit funny because they had put every driver there OOS until they could correct the problem. They only had their own notes that they took in class and I was up in the cab laughing because it was very comical.

They came over to me and the first question was "where are you going". "I said right their at that gasoline station". The second question was "can we see your logbook" "I said I don't have one". They were getty ready for promotions by the wat their faces looked. Then I said "I come under the 100 mile rule" They didn't know what that was. I gave them my green pocketbook and showed them the rule. I then said they could keep the book. All of the cops were hundled around that book for awhile checking it out. And they never did inspect my truck. But they had alot of questions so I stayed about an hour to point to parts and explain by using my truck help them. I figured that would be what the company and boss would want anyway. This one guy came up from one of the moving companies and asked if I had a light bult for the trailer. He was OOS. I said sure that will be $20. Without batting an eye he was happy to pay for and I was laughing so hard I said " of course you can have it" But man he was willing to pay to get out of there. I thought the city cops were professonial and all they just didn't have the experience to truck inspections. I never saw another one there again.

 

# Mike MD: Thank you for the information you provided. Proved for an interesting read. I would like to explore something for a moment, though. Being new to this field and all.

When exactly does DOT have the authority to climb into my truck? I am a private person by nature and do not like people going through my personal belongings w/o a warrant.

So let me clarify. The DOT can climb into the CAB of the truck but they cannot enter the sleeper berth, confirm/deny? Because if I am ever pulled over for an inspection (it'll happen), my curtains will be closed immediately.

 

Personally I have never entered a driver's sleeper berth; however, that does not mean an officer could not enter the sleeper berth to ensure it met the equipment standards of Part 393.76.

From Horizon:

http://www.horizontransport.com/Divisions_FAQs.asp?Division=D#FAQ35

I'll have to do some research, but I thought a carrier was prosecuted for their drivers logging sleeper berth in sleeper berths as described below:

http://www.woodhouse.com/store/sleeper_berth.htm

http://www.crewcabsleeper.com/

The problem with the sleeper berths described in the links is they do not meet the size requirements of Part 393.76; whereas, the walls do not have a rectangular shape with a 10 1/2" radius bend at the corners.

If the sleeper berth does not meet the equipment standards a driver cannot log sleeper berth time.

No sleeper berth as defined by 393.76? All time in truck on-duty not driving and any time logged as sleeper berth = false logs with driver potentially placed out-of-service.

Be safe.