Rest Area Shake Downs
Discussion in 'Experienced Truckers' Advice' started by Criminey Jade, Sep 12, 2015.
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Hold on to it. You can always exchange it, or spend it in the future. That dude never took my money so I was ahead and tried to help some poor sole out at the same time.
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The trouble here is, other states will start doing it.
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The trouble is that we now have 75 posts in this thread about "rest areas " lol -
Other state ARE doing it. PA, NY, MD just to name a few I run through on a regular basis. It's a cash grab, nothing more. Either stay out of them, or pay for the privilege of using them.
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You are right. I agree with you. And I agree with your interpretation of that rule. And maybe a judge will as well. But, a DOT officer will consider any commercial vehicle, on any portion of a public roadway to be in operation, regardless of the duty status of the operator. A rest area is considered part of a public roadway. This is one of those many situations where, although you are right, and the laws as written, are on your side, you'd lose the arguement with the LEO currently at your door. That's also why they generally don't try that junk on private property. There is no way they can use the interpretive loophole of "on a public roadway" to justify what they did. Like ErikN said, it's a dangerous game to play.
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Not dangerous at all. What are they going to do, beat you? Shoot you? Err... wait...
Unless you're a mind reader though, you have no idea what a DOT officer will or won't do.
Seriously though... First off, there are probably more posts in this thread than actual events of an enforcement officer waking someone up, or actually interrupting their rest to do an inspection when there hasn't been some other mitigating factor like being illegally parked, or having overstayed the allowable time for parking. Pretty much a trucker-myth IMO. If you do something that goes against the rules for that area don't be surprised if someone knocks on your door. Pulling into or out of a rest area? Illegally parked? Overstayed your welcome? Someone ran into your unit? There's a tornado bearing down on you? You're fair game then.
Secondly, even if someone does knock on your door it's a simple conversation, "sorry, I am off duty and not available for an inspection, but I expect to go back on duty at (time)." If someone says you have to go on duty to be inspected tell them you would be happy to just as soon as they can show you what regulation requires that. As an added bonus, short interruptions/interactions of this nature with enforcement (or your company) do not need to be logged as they do not constitute an on duty event. That's even in the little green book.MrEd Thanks this. -
If you are even off duty why would you even answer the door? What are they going to do, break into your truck? They don't know whether or not you are even there.
And unless your 10 is about up and you are about to leave, I doubt they are going to stick around to get you when you leave, unless your truck is a wreck that looks like a bunch of violations just waiting to happen. -
I agree with you. But remember, I didn't say they should wake you up! And I don't need to mind read to to know what they will or won't do. I just need to imagine what they could do. And you're right, it could just be a trucker myth, but there is nothing wrong with having a mental excersize to go over the "what ifs". I have never been woken up for an inspection, but if I ever do, I've been through the "what ifs" in my mind and I would just cooperate, say it sucks, and tell dispatch in the morning that I got another clean inspection (hopefully it'll be clean) but the load is gonna be a little late. I certainly don't think I'd win if I tried to argue with the officer in the middle of the night.
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