Well in Ohio the cop has the authority to tell you to deviate from your prescribed route refusing to do so is refusing a lawful order, try that and see what happens.
BS story?
Discussion in 'Heavy Haul Trucking Forum' started by m16ty, Sep 26, 2016.
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4mer trucker, MJ1657 and Oxbow Thank this.
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It ceases to be a "lawful order" when you are being told to break the law.
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You're not breaking the law, the law enforcement officer has the right to take you off permit it IS an lawful order. Like I said refuse and see what happens, I have seen it happen because I had to go get the truck out of impound.snowman_w900, MJ1657, 4mer trucker and 1 other person Thank this.
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Even a private in the army can disobey a direct order from a general if that order requires him to break the law. The law says you must abide by the routing on your permit. If you deviate from that route, you are in violation of the law. A cop might THINK he's got the right to demand you alter your route, but legally he does not have the authority to change the law...only to enforce the law. The legislature set the size and weight limits, and created allowances for the issuance of permits in excess of those weights. The Department of Transportation and their engineers worked to ensure the routes permitted for use by over dimensional loads could handle the extra size and weight and under what circumstances (axle numbers, speeds, lane usage, etc...) in order to avoid unnecessary damage to the roads. The beat cop doesn't have a clue how the road was constructed, what sorts of weights it is capable of handling, the condition of the bridges, or anything other than "I want you to go THAT way". So who is left paying the bill when that road the beat cop told you to follow included a bridge that is structurally deficient, and it collapses as you drive across? YOU are, because YOU are off-route and exceeded the weight limit of that bridge...which is WHY the state routed you around it.
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I'm not going to get in a multi page argument with you, refuse to do it in Ohio and see what happens.snowman_w900 and MJ1657 Thank this.
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Yep, got popped with portables many moons ago in oh. Hauling grain. Took me to their location. Yes not permit ld. But Oh. Does what Oh . wants to do when it comes for weighing
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Ohio is the only state I've been weighed on portables, how do other states handle portables? If Indiana for example pulls me over on I70 12' wide and I'm permitted straight through do they weigh me on the shoulder, void my permit and make me sit there until I get a new one? I don't think so.
Last edited: Oct 17, 2016
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OK weighed me a portable axle scales on the shoulder of 287, not more than 2 miles north of the permanent scale. They weighed my drive axles and then shut down traffic I. Both directions and made me back until I could make the turn to go back to the scale house to weigh and receive my ticket. And no the scale was not open.
snowman_w900, Ruthless and johndeere4020 Thank this. -
Pretty sure failure to obey in Ohio is a 6 point offense.
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I suspect there is some truth to both sides. Sure, you may be in the right by refusing a cop's order to deviate from route but their's a fair chance your truck could be impounded and you could wind up in jail. Their is also a good chance you could be in the clear when you went to court, but you still had to go to jail and get your truck out of impound.
Sometimes you just have to take the path of least resistance. That would mean complying with the cops request and do what he says, even though he's technically in the wrong.
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