Flaw in the Split Sleeper Berth Rule

BTW, my "brakes out of adjustment" example was being ficticious, the brakes weren't really out of adjustment, but the inspector decided to be a jerk and said they were, it's his word against yours.

 

I have never once heard of a cop letting some go with an OOS violation (in your example he still put you OOS now didnt he?), so that whole part of your speech is moot. If you are in a state where you should be out of service, trust me, they WILL put you out of service. No matter "how nice" you are.

I had an Indiana trooper stop me one time. I didnt have my prior months log book with me and it was the 6th of the month. Even though I had enough hours to be legal if I had been on duty the whole 48 hours I was missing, he STILL put me OOS. I bought a new log book, filled out the 2 missing days and took off. LEGALLY. And I was cooperative with him and answered all his questions. So believe what you want, but you are believing in fairy tales. But then again, Im not dumb enough to flat out falsify a log book, at least not one I would hand a cop.

I have won every ticket I have fought (probably because I didnt say anything the cops could use in court). And in 2 of them the cops showed up and I still won. The one in Indiana was a $30 ticket which would have cost me a few hundred to fly out, rent a car, spend the night, go to court, and fly back. So while YOU may have been on the courthouse steps in a suit I felt it wasnt worth the money since my last ticket before that was already off my record. The truck I own now I have had for over 2 1/2 years. I have never been stopped or even checked so far in it (*knock wood*). So while you may be spending a fair amount of time talking to cops, I dont.

And I keep my equipment up to snuff at all times. I had a brake squeaking on me last week so I made an appointment to get them looked at (yesterday in fact). It rained tuesday and on wed, the brakes werent squeaking anymore. Something must have got in there and the rain flushed it out because when they checked it, they found nothing wrong. I had them grease it since they were under there already and that way I wouldnt have to next week...

Yeah, dont really care what cartoons you watch. The audit the audit ones they go into the law behind the claims regardless if the guy is right or wrong and tell why and by what case law he is right or why he is wrong. Like I said, YOU could learn something from them.

And please, if you ever talk to a lawyer or for that matter a cop that says its a good idea to waive your rights and talk freely with them, please give me their name...

 

No, actually it isnt. You take your truck to a certified truck inspection place, have it inspected. File a freedom of information act request and get the cameras from ALL cops there at the time. Take the results of the inspection and whatever you can find on the cameras (like cops talking about screwing someone over for example) and sue the state, county, city, police department, and/or officers involved in the situation for as much as your atty thinks you can get ... times 3.

And guess what? You win, get some dough, a cop(s) gets fired, and the world is a better place for truckers.

Your way, the cop just keeps doing it to others, and guys below him start doing it, and bad things happen to the rest of us.

Grow some balls...

But then, it isnt likely to happen to me, because I tell him from the outset I dont answer questions, and MY camera is right there the whole time he is "inspecting" and doesnt try that #### on me to begin with because he knows from the outset he isnt getting away with anything...

 

Yeah, actually it is your word against his. Apparently you've never been placed out OOS for a brake or tire violation (hauling containers, it's quite common, usuaaly couple times a year), you don't get to leave there under your own power, you'll be on a hook, or you'll be having someone come out and fix it, or if you're really lucky you've been trained and carry a card that allows you to self adjust the brakes (I do, it's a fun card to carry). Maybe you call someone to come out, they check your brakes over, can't find anything wrong, they still charge you the service call, couple hundred bucks. You go back inside and huff and puff to the cop, you tell him you'll sue, cop says go ahead and sue. You assume the cop has it recorded or made comments on camera or mic that he intentionally is out to screw you, you assume that the cop has a camera or mic operating (BTW, had a level one on Friday at Lusk, Wyo, POE, motor carrier enforcement officer had no body cam, no mic, the regular trooper that was hanging out in the office didn't have a body cam either). So now, you drop a few thousand for a lawyer, they file a FOIA request, and there's nothing there, now what? You and your lawyer go to court with your receipt that says nothing found, the cop shows up: "your honor, I made a mistake, I misread the gauge". Judge; "Case Dismissed". What are the odds you'll get a penny out of the cop? How much have money have you wasted? Let's assume you drop a couple thousand on a lawyer, the judge dismisses the case, your lawyer requests legal fees and reimbursement for the service call and inspection, most likely the judge will tell you to file a civil suit, how much more are you going to be out of pocket?

While you're trying to get one over on the cops, or assuming all the cops are out to get you, it's jerk off attitudes like this, are why so many cops have the exact same attitude, why so many cops are leaving the force in droves. Good friend of mine is one of the traffic/motor carrier officers for Denver police, he's commented a couple times online that any motorist that plays attitude games, he drags that traffic stop or inspection out for as long as he humanly can, you want to be a prick to him, he's going to give it back to you in spades. You miss your delivery appointment, he doesn't care, you run short on hours, he doesn't care, you miss your kids soccer game or recital, he doesn't care, even if there's no violations found. And quite honestly, he loves the people who record him.

And quite simply, that cop can still place you OOS for refusing to cooperate, and hypothetically, you demand he call his supervisor, so you sit, and sit, and sit, and wait, and waste time, the supervisor shows up, what started as something simple has now cost you how much wasted time?

 

Got it, I should have kept my mouth shut, demanded a lawyer, and let the cop park me for a full 10 hrs, which in turn would have resulted in me missing my pickup and spending the weekend in Dillon, Mt and loading on Monday (the load was picking up on a Thursday, the facility was closed Friday thru Sunday), which means the load would not have returned to Denver till Tuesday, which means it would have missed the transload cutoff of Friday midnight and the rail cutoff of Noon Saturday, and the port cutoff of the following Monday, hence the load would have been delayed, yep, makes perfect sense . I'm quite sure everyone would have been so proud of me standing up for my rights that they would have paid the full bill with no questions asked, not cared that it was delayed or late, heck they might have given me a bonus

Just curious, perusing news stories (about 3 dozen) about your "audit the audit" folks, the vast majority of them have been arrested and either convicted of or forced to cut a plea deal, which does not work in their favor for either hindering, interfering with, or something else. Seems like for every time they've successfully won, they've lost as well.

 

Lol I'm not going to poke a hornet nest over such small issues. Life's too short, lighten up. Figure out what the officer wants and then deal with it. No drama for me please