How is this possible?

Discussion in 'Experienced Truckers' Advice' started by CDL1968, Jun 4, 2013.

  1. RAGE 18

    RAGE 18 Road Train Member

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    At least it was just 57 bucks I'm betting your credit history is good so no identity theft there you would have noticed that right of way. I got arrested back in 2002 because someone had the same name as me and he was wanted but nothing else matched I was in cuffs for about 15 mins until they sorted and things out the apologized and left.
     
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  3. randal02lee

    randal02lee Light Load Member

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    I've learned long ago that NOTHING good happens at the DMV.
     
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  4. flightwatch

    flightwatch Road Train Member

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    You are one of the most confusing people on TTR

    ...Except that it was Oregon that screwed up...not Florida.

    That thing called reading comprehension...:smt064
     
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  5. Cranky Yankee

    Cranky Yankee Cranky old ######

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    I myself would pay the 75 and move on
    I have more to worry about
    the world is full of injustices
    like the 2 trucks I have to wake up to get out of my spot at the TS this AM
     
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  6. MNdriver

    MNdriver Road Train Member

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    I create the biggest stink I could over this so that people like you would never have to pay the $75. That's why they are "civil servants". They work FOR you, not against you.
     
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  7. technoroom

    technoroom Heavy Load Member

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    I'd be concerned about what crap lurks down the road in the future if you just pay the fee....
     
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  8. trees

    trees Road Train Member

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    Oregon is known for it's bs..... I've personally had them ask me for my co-drivers log book during inspections, on two separate occasions. They can only ask for the vehicle operators logbook..... Oh, they've also asked for my wife's on one occasion....

    The second time with me was the third incident, and I'd had enough, I mean I was really, really, get yourself arrested mad.....

    I made the kid who was conducting the inspection provide me with his supervisor's phone number, and I explained to him that when I was finished verbally ripping his super a new one on the phone that, he'd wished he'd never pulled his crap...

    So, he takes both logs and heads over to the phone on the wall that connects him to the main building. We're inside the shed, in the inspection bay, I'm so pizzed I'm livid, and my wife's getting scared, cause she's afraid I'm going to get myself arrested...

    Kid comes back, apologizing...

    Says he's sorry and that "I'm free to go".

    I shake my head "no".

    You brought me in here to perform an inspection, and that's what we're gonna do, I want my sticker.

    He's shaking. He's visibly upset.

    I explain, "you see, you're a representative of the law, and being such you're supposed to uphold the law.... you are not allowed to break the law, no matter how noble your intentions. Now that I have your attention I'd like to apologize for getting angry, you see it's nothing personal, it's just that I don't like injustice.... I realize that you thought that you could legally ask for my wife's log book, and now that we've reached an understanding, and you realize that you cannot, I'm willing to forgive you. So, let's finish this inspection, and to show you how understanding I am, I'm not going to call your supervisor, here, you can have your card back.... (his card with his supers phone number that he wrote on the back for me...)

    But yeah, Oregon....

    What a place....
     
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  9. stranger

    stranger Road Train Member

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    Just write a check, and in the comments section put "innocent, paying under protest" and forget about it. The stress is not worth $75.00. Yes, it's an injustice, you're in the right, they're gettting one over on you, they're getting money they don't deserve, but is all the aggervation you've already put up with worth $75.00? It's only going to get much worse the longer this goes on, and you may end up not getting your license renewed before they expire. That will show them.
     
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  10. MNdriver

    MNdriver Road Train Member

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    Sorry, it's that sheeple attitude that he has to pay the $75 in the first place...
     
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  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    § 395.8 Driver's record of duty status.

    (a)(1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms.

    (b) The duty status shall be recorded as follows:
    (1) "Off duty" or "OFF."
    (2) "Sleeper berth" or "SB" (only if a sleeper berth used).
    (3) "Driving" or "D."
    (4) "On-duty not driving" or "ON."


    If you are driving, and when they check your log book it is obvious that the passenger in the truck is a co-driver, then they ABSOLUTELY have the power to check that co-driver's log to make sure that it matches up with yours. Your co-driver needs to be on the appropriate line as well, either in the sleeper berth (if they are in the sleeper) or on-duty-not-driving (if they are in the jump seat, with some exceptions). EVERY driver needs to keep their RODS updated to their last change of duty status...whether they are actively driving or not.

    Can you cite the regulation that states LEO's cannot ask to see your co-driver's log book?

    Now if your log book did not indicate a co-driver's presence, and the passenger in your truck was simply a passenger in the truck, then they could ask for the written passenger authorization required by the regulations.

    Point is, they can ASK to see anything they think you might have that would be pertinent to their inspection....and you can choose whether or not you will comply with those requests. Sometimes they do cross the line and ask questions they are not supposed to ask, and you have the right to remain silent and not answer those questions. However, when it comes to log books, EVERY driver is required to keep a RODS unless they qualify for one of the exemptions from that record keeping requirement. If you are OTR, you do not meet any of those exemptions, so that officer has the power to ask for and to review the log book of ANY driver in the truck they are inspecting, whether that driver was behind the wheel at the outset of the inspection or not.
     
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