You can call it that if you want to. Remember the old song: "I Fought the Law, and the Law Won"? I'm just saying if the time to renew is close, as in draging it out will cause his license to expire, or after a few days of phone calls, e-mails, ect, and things are going nowhere, paying is about the only option left. Sometimes being right, and the time and stress of trying to prove yourself right work against each other to the point that paying a small amount of money to make it go away is the easiest thing to do.
I have stood my ground in the past about not paying tickets for bull crap I didn't think I deserved. On one I didn't hear anything for seven years, and figured all was forgotten, until I was pulled over one day, and the next thing I know I am riding down the road in the back of a police cruiser.
That $15.00 ticket cost me 13 hours getting bail that night, someone else to drive my truck out of the state, another trip back for court, paying the orginal ticket plus late fees, and another $500.00 on top of that. I really showed them I wasn't going to bend over for their BS ticket didn't I.
How is this possible?
Discussion in 'Experienced Truckers' Advice' started by CDL1968, Jun 4, 2013.
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Can you cite the regulation, in either 390, or 395, 49 CFR that defines the term "co-driver", and addresses the issue of checking the "co-drivers" ROD during an inspection? The only one who is being examined is the "operator" of the CMV..... Singular, not pluralCDL1968 Thanks this.
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That is on you then for not verifying it was finishedCDL1968 Thanks this.
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Co-driver's logbook is a "supporting document", no different from a fuel receipt, toll receipt, scale ticket, truck stop rewards card, etc....except where those other supporting documents may not exist and are not required to be carried in the truck, the co-driver is REQUIRED to keep a record of duty status, and to keep that RODS current to their last change of duty status. No different really from asking to see the BOL. If the truck is loaded, you are required to have a BOL....and if there is a co-driver in the truck, they are required to have a RODS....and I already cited the regulation stating that.
CDL1968 Thanks this. -
Question,
If the operator, (singular, not plural), of the commercial motor vehicle is certified, has all of his or her, (again, singular not plural), documents, and appears visibly competent to operate said MV, then why, and for what reason would an officer need to see the documents of the person who is not currently operating the vehicle?? (and is to be taking a required, uninterrupted break)
What is the purpose of a safety inspection?
A) To write tickets and generate revenue
B) To ensure the safe operation of a CMV?
There is only 1 correct answer.CDL1968 Thanks this. -
"Co-driver's logbook is a "supporting document", no different from a fuel receipt, toll receipt, scale ticket, truck stop rewards card, etc...."
Wrong. It's completely different from any other document.
1) I am not responsible for my co-drivers log book, any more than I'm responsible for her drivers license, her mv tickets, (assuming she has any), or how she operates the MV.
The only person under scrutiny during an inspection is the current operator.
Unless your goal is to generate revenue by writing tickets.CDL1968 Thanks this. -
What's interesting is that you fail to cite any regulations pertaining to the "co-driver", and the co-drivers required involvement with a LEO during a safety inspection.....CDL1968 Thanks this.
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The co-driver is a "driver who operates a commercial motor vehicle", are they not? Then they are included in the "EVERY" mandate.
If your log book indicates that there is a co-driver, as in you typically start your day several hours away from where your day ended, then the officer has every right to inspect that other driver's log book (which is required to be kept current to the last change of duty status same as the current driver's log book) in order to make sure that the two log books match up. Otherwise, the driving time and mileage that your co-driver was driving is unaccounted for and you would be free to falsify your own log book any way you saw fit to do so.
Show me the regulation that states that a co-driver's log book is off limits during an inspection. You won't find it because it does not exist. There is a regulation, however, requiring "Every driver who operates a commercial motor vehicle" to keep a RODS. Just because your co-driver isn't currently behind the wheel does not mean the regulations do not apply to them....and because the regulations require that they keep a RODS, the officer inspecting the truck has EVERY right to look at their log book if they so desire.CDL1968 Thanks this. -
I said I DID NOT pay as my own personal protest over the ticket. It didn't drop off or get lost after the years, and unknown to me it was still on the books. Yes it was all my fault. I'm trying to make the point that making a stink over a few dollars can sometimes get very inconvenient and expensive.CDL1968 Thanks this.
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Onus is on you for refusing to pay and not addressing the situation.
The OP is a victim of a bureaucrat who refuses to do their job when the system has been identified as being incorrect.
MAJOR differences and no where NEAR the same situation.
Take it for what it is, yours was from your own foolishness, his is not.CDL1968 Thanks this.
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