Probable Cause States

Discussion in 'Trucking Industry Regulations' started by screamin eagle, Dec 1, 2012.

  1. screamin eagle

    screamin eagle Light Load Member

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    Apr 18, 2009
    texas
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    OK, I was searching for a list of states that require Probable Cause for the DOT to stop a truck. I can't find one, Does anyone know where to find one. I know Texas and Colorado aren't PC states. I was just curious on the differing states. thanks.
     
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  3. Eaton18

    Eaton18 Road Train Member

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    Waverly, KS
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    PC or Probable Cause can be a variety of reasons. You're probably thinking an offense had to occur. In the case of 4 wheelers this is true. However the PC for DOT to stop a big truck is you are there, driving down the highways, engaged in interstate commerce. They are charged with making sure that the regulations are being followed. You do not have to be committing a traffic infraction, or any other violation of the law for them to stop and check you. Maybe that's why you're not finding a list of PC required states.

    Now there are some differences in DOT and other law enforcement divisions or agencies. Did not used to be though. The DOT are the Motor Carrier Inspectors. The ones that do the Level 1, 2, or 3. In Kansas the Highway Patrol has a Motor Carrier Inspection division. They will have the writing Motor Carrier Inspector on their vehicles. They are still Highway Patrol Troopers, but are trained and certified to mess with us.

    The other "troopers" may not be MCI, but still can stop you and check certain things regarding CMV. Those for the most part will not just stop you, unless you are doing something wrong.

    Then finally there are some local deputy sheriff's, and police that are certified DOT officers as well. The small town of Walton, Ks, has a local police officer that is DOT. I've been taking my 10 at Newell's T/S in Newton, when this officer has escorted big trucks in, putting them OOS.

    PC for stopping a CMV is nothing more than it's a CMV moving down the highway.
     
  4. dibstr

    dibstr Road Train Member

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    Mississippi
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    P/C is a required and necessary "standard" in law enforcement. Enforcement efforts for the purpose of regulation compliance (Regulations may have the effect of law, but are not laws. Instead regulatory authority is given agencies by laws) requires no P/C.
    Best regards
     
    Last edited: Dec 2, 2012
  5. screamin eagle

    screamin eagle Light Load Member

    103
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    Apr 18, 2009
    texas
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    Thanks Eaton and dibstr. I heard on landline the term Probable Cause states and was wondering about that. I was just curious.
     
  6. Autocar

    Autocar Road Train Member

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    The Hot Rod Shop Oxford, AL
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    Landmine Now is not a great source of information.
     
  7. Boardhauler

    Boardhauler Road Train Member

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    Ballin' in it for Shakey
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    Kevin Rutherford is better, ask him
     
    123456 Thanks this.
  8. snowwy

    snowwy Road Train Member

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    i've been pulled over. for no reason at all other then to check my logs. that's all i get told by the police. they give me a lvl3. and i get $25 pass bonus.

    i wear my seatbelt now. it's been 9 months since i've been pulled over. so no bonus for me.

    don't give them any excuse to pull you over. that's the bottom line.

    i keep a clean truck. never been pulled into the scales. other then permits for loads. i don't even have a cvsa sticker on the windshield. although i did have one for about a month before the windshield got replaced.

    autocar probably has some other advice as it sounds like they don't get inspected either.

    it's really not that difficult to just go out and do your job. but some people seem to love having a break and getting pulled out of service.

    i know of a driver that got tons of violations and quite a few out of services. from january to april. don't know what he's doing for work now.
     
  9. MI Guy

    MI Guy Bobtail Member

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    Mar 4, 2012
    MI
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    In MI, this is 100% wrong. The police (Local, County and State including the Motor Carrier Division) must have reasonable suspicion that a violation has occurred before they stop you. You can't be stopped just because you are driving a CMV.

    Also in MI, much of the FMCSR has been adopted as State law (MCL 480.11a) so any police officer can write citations for violations of the federal regs. The only difference is that some officers are CVSA certified and others are not - if they are certified then the inspection reports get sent to the feds.
     
  10. snowwy

    snowwy Road Train Member

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    they get you on the seatbelt man.
     
  11. Autocar

    Autocar Road Train Member

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    The Hot Rod Shop Oxford, AL
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    I will give him credit that he is good on numbers, but on mechanicals look elsewhere. On regs, check the FMCSA website, cause KR just guesses or relies on a guy that throws in his own interpretations.
     
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