Yes it is very different....where on the cdl application does it explain the implied consent to searches,loss of free travel ,ect. There is no informed consent as there is when entering military service.
FMCSR 303--Civil Rights
Discussion in 'Trucking Industry Regulations' started by Injun, Apr 30, 2011.
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Look at the license....You have signature on the license itself...
That signature is Implied Consent.. -
Implied consent to the enforcement of DUII. That's spelled out on all driver license and permit applications. It says nowhere that the Bill of Rights is voided based on emplyment and vehicle type.
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Ok....The next time you are pulled into a coop...refuse to surrender your logs and your permits.....
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Look...I don't want people to get pizzed....This is how it is...Want it changed?...elect people who will side with us......
That's why when a LEO knocks on my sleeper at 2 am....I always open the window in the sleeper.....I don't get into the driver's seat or even in the jump seat...
I know how the "game" is played...... -
Logs and permits are not the issue. I'm talking about the invasion of my privacy by going into my living area. Some officers insisting they have a right to open cabinets and request my cell phone in order to fish for a violation. I'm also referring to what is being discussed above regarding Due Process.
If I present a log book to an officer claiming to have driven from Amarillo to West Memphis in six hours, he has PC to request more information. But, if I have my $#*% together and my book is clean, where is the PC to go fishing? If I refuse to go along with the request, I get some pretty jewelry and a limo ride to a nice hotel. Where's the due process? -
Working Class...gotta go .humvees delivering at red river in am....I will gladly present my logs and permits at any scale. That is reasonable. What I am talking about is when the "enforcer" has that I'm God,your trash attitude and decides to go thru my sleeper and personal effects with no warrant...or reasonable cause....other than what I do for a living,and his desire to prove we are all drugged up killers on 18 whls. It doesn't happen often, but enough to cause concern for my personal safety and legal status. I have a friend who was accused and convicted of a felony drug charge solely on the word of a single officer.3 years into a 12 yr sentence...the officer was caught planting evidence in another case...they reviewed his case and he was released. Still has a hard time getting a driving job,due to delays in expunging his record.He lost his home,and family. Plenty of folks still think of it as getting off on a technicality and look at him as if he did the deed. I know he didn't because I was there. This one officer..."enforcer" if you will... has ruined 13 lives we know of and a few more we may not. It's why the protections we are afforded under the constitution are not a joke..or to be given up easily. Having a CDL does not mean the rules are suspended, or given up by your signature on a license. Entering military service,the rules are explained in detail,and informed consent can be given. Applying for a CDL,there is no informed consent because there is not any notice given,to the applicant, about the suspension of civil liberties as defined under legal terms. Besides, some of us started with a chauffers license and were grandfathered into the CDL system.
This is the point...the way I earn a living in a legal,above board profession does not give the State( or agents thereof) a blank permit to do as they please. End of story. If my paperwork is in order,truck is maintained properly, there is no cause for them to go to the extremes they do,all while assuming I am guilty of something...they may not be sure what it is...but they assume guilt and set about to prove it by any means necessary,kind of a "#### the torpedoes full speed ahead" approach to civil liberties. That is where the line gets crossed,from enforcement, to unreasonable enforcement as a legal definition. Gotta go...enjoy your day and give it some thought. When does law enforcement become legal harrassment of a citizen ???dieselbear, truckerdave1970, Strider and 1 other person Thank this. -
So how is the game played?
I have NEVER had a cop knock on my door at 2 AM or any other time when I was sleeping and if they did and I would have jumped into the drivers seat to open the window and talk to them...What will they do?
DO NOT tell me that by getting into the drivers seat that you are now suddenly "on duty" because it is NOT TRUE!
You can sit in that drivers seat for a week if you want to and log it as " off duty". The BS line about "As soon as your butt hits the drivers seat you are legally "on duty" is complete BS.
I've talked to plenty of guys who have been told that nonsense and you'll see them in truckstops sitting there in the passenger seat thinking that they can't sit in the drivers seat...It's ridiculous! -
i have had my assed ripped by a michigan diesel cop for only logging 15 min on ltl pickups and drops and logging 1/2 hr breaks as sleeper time --i only got a warning for the log book--as really there was nothing wrong with it---did have to pay his wishywashy speeding ticket tho----honestly the worst attitude of leo i have ever met--just a miserable old prick
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I'm with ya on that, big man. My driver seat doubles as my easy chair. And most diesel bears will not quibble over minutia such as that. I log it the way I log it and take my chances.
However. According to the morons in DC who think they know everything, any time you are at the controls of your truck has to be logged as "On-Duty Driving" and any time spent in or on a CMV outside the sleeper berth or driver seat has to be logged "On-Duty Not Driving." There have been cases where some young cub with something to prove...or some grouchy old b*****d who hates truckers has written a log violation for the driver sitting in the front having a smoke because the driver doesn't want it in the sleeper area. I'm just waiting for a driver to come to these boards with a "Texting While Driving" ticket because he sat in the driver seat (at the controls) in a rest area perusing these forums with his smart phone.
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