Well it was a non-issue this time, as I had nothing planned until Wednesday.
I'm pretty sure that if it cost me a substantial sum by forcing me to cancel a load or something similar, I would be loudly making my concerns known to some elected officials and OOIDA. That kind of power is nonsense, especially since there WAS no probable cause for the stop. I don't even have a problem with 'no probable cause' random inspections - just have a big problem with the possibility of even a clean random inspection costing me money due to HOS limitations with no recourse.
Level 2 while driving as personal conveyance
Discussion in 'Trucking Industry Regulations' started by windsmith, Dec 22, 2012.
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not so fast skippy
we are still not clear of how this pans out if the FMCSA book says "off-duty" is indeed off duty.
notice he did not ask for the drivers log book, and i also figured it made no difference if the trailer was loaded or not
was the officer correct in asking for paperwork on the truck? i agree, any vehicle can be asked for paperwork and from what i understand there is no need for probable cause for a CMV. however, how can a driver be forced to come "on duty" if he is "off duty"? does this stop constitute "on duty"? or is it just a traffic stop as if he was driving his personal car at home? -
Take it up with Scalemaster.
I already know what the book states and what I would do in this case. It is on duty.mje Thanks this. -
so, if windsmith was doing a 34, and barney pulled this stunt at the 32nd hr, you are saying windsmith would have just SOL?
is that right, fair, or accurate?mje Thanks this. -
That is correct.
But, remember, I was driving long before the 34 came around. At that point, all you have to do is look at the daily hours.mje Thanks this. -
so on his 9th hr , he would have to return to the truckstop and sit for 10 more hours
something dont quite sound right about thatmje Thanks this. -
Should have thought about the risk before taking it.mje Thanks this.
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Rules and fairness do not necessarily go hand-in-hand, lest we forget.
Frankly, I thought it was a given that if you're inspected whether you're "off-duty" or not, you would have to go to line 4. Didn't think it was that complicated.
The fairness of it and/or the "legality" of it is a separate issue and debate. -
doing what is perfectly legal is now a "risk"?mje Thanks this.
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What was also legal was the inspection, so it's a draw. The "risk" was putting himself in the position of potentially having to go to line 4 by exposing himself to that very possibility.
So....back to square one.
But I think we also have to consider the odds of this very scenario taking place. Very slim, I would think....so perhaps the risk was worth it? To each his own on that point.
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