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TXDOT enforcement of FMCSA

Discussion in 'Trucking Industry Regulations' started by Vurtle, Jul 19, 2015.

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  1. Jul 19, 2015 #1
    Vurtle

    Vurtle Light Load Member

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    So my question is if the Texas highway patrolman are authorized to enforce federal FMCSA requirements such as fire extinguisher on board and windshield wiper fluid squirter working? As a commercial inspector, it is not in our inspection requirements for the truck to pass. I suppose that is because we are only required to make sure the truck meets Texas requirements. Are the Texas highway patrolman overstepping their jurisdiction by enforcing federal laws that are not in the Texas requirements for a vehicle to pass? I see often where DPS has written tickets to drivers for those things. Don't even get me started on the bogus write ups I have seen them right up. I am pretty sure none of these guys have a CDL or any mechanical experience on these rigs. I doubt most of them could drive an 18 speed with a 53 footer through a town.
     
    Vurtle, Jul 19, 2015
    Vurtle, Jul 19, 2015
    #1
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  3. Jul 20, 2015 #2
    magoo68

    magoo68 Road Train Member

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    st malo mb canada
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    If a driver can't check fire extinguisher or washer squirter .. What else is he missing .. I used my extinguisher and 2 gallons of washer fluid to put out a brake fire on a car hauler who had a empty extinguisher .. Sad part is he was pissed he was going to miss his drop and didn't even say Ty for pulling up beside him and laying on horn till he turned on cb and stopped so I could put out his fire because he wasn't equipped to do it himself
     
    magoo68, Jul 20, 2015
    magoo68, Jul 20, 2015
    #2
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  4. Jul 20, 2015 #3
    gokiddogo

    gokiddogo Road Train Member

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    Ontario Canada
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    He was trying to write the truck off as an insurance claim. Now he has a large repair bill thanks to you. And, he still has to work. Way to go.
     
    gokiddogo, Jul 20, 2015
    gokiddogo, Jul 20, 2015
    #3
    One_tooth_wonder, bottomdumpin, scythe08 and 5 others Thank this.
  5. Jul 20, 2015 #4
    Vurtle

    Vurtle Light Load Member

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    Mar 9, 2012
    Tx
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    LOL.
    But seriously, can they legally give tickets for federal items that are not state requirements? I am not asking about how lazy a driver is, I am looking for legality.
     
    Vurtle, Jul 20, 2015
    Vurtle, Jul 20, 2015
    #4
  7. Jul 20, 2015 #5
    BrockLanders

    BrockLanders Bobtail Member

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    Wisconsin
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    Yes, they can.

    Most states simply adopt the federal regs, or at least the lion's share of them.
     
    BrockLanders, Jul 20, 2015
    BrockLanders, Jul 20, 2015
    #5
  8. Jul 20, 2015 #6
    flood

    flood Road Train Member

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    just who do you think works the weigh stations, the fed's...?

    no they are run by a highway patrol in each state....... ALL texas highway patrol are dot certified inspectors and what they are doing is a fmcsa roadside inspection the same as they do at the weigh stations.....
     
    flood, Jul 20, 2015
    flood, Jul 20, 2015
    #6
  9. Jul 20, 2015 #8
    Vurtle

    Vurtle Light Load Member

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    Mar 9, 2012
    Tx
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    Well, that's why I am asking. Does the DPS have a legal right to enforce federal laws that are not mandated in state regs? Nobody has answered that question yet. Anytime an other law is broken that is a federal crime, it is dealt with in the federal circuit, not the state jurisdiction.
     
    Vurtle, Jul 20, 2015
    Vurtle, Jul 20, 2015
    #8
  10. Jul 20, 2015 #8
    buzzarddriver

    buzzarddriver Road Train Member

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    buzzarddriver, Jul 20, 2015
    buzzarddriver, Jul 20, 2015
    #8
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  11. Jul 20, 2015 #9
    flood

    flood Road Train Member

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    so by your thinking only the fed's can run a weigh stations..... got it
     
    flood, Jul 20, 2015
    flood, Jul 20, 2015
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  12. Jul 20, 2015 #10
    Scalemaster

    Scalemaster Heavy Load Member

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    Midwest
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    One of those State regs says something to the effect of... Every commercial vehicle in operation on the highways of this state must be in compliance with Federal FMCSR regulations...

    If you are in violation of the Federal regs, you are also in violation of state statute and can be written up for it.
     
    Scalemaster, Jul 20, 2015
    Scalemaster, Jul 20, 2015
    #10
    snowwy and brian991219 Thank this.
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