Can the dot force you to a scale?

In Denver, Colo., there are specifically trained Denver traffic cops who all they do is CMV enforcement, they hang out at the scale on 52nd and Vasquez. Any truck that comes to scale, if the CVSA sticker is more than 90 days old gets inspected. Dirt haulers get inspected, OS/OD will sometimes get inspected. If they go more than 20 minutes without a truck coming to the scale, the officer will get on I-70 WB, first truck he encounters gets pulled over and told to follow him back to the scale for an inspection.

Denver police will sometimes get a wild hair, they'll coordinate with State Patrol and set up a big even either at the National Western or the Mile Hi Stadium. They'll map out a route and all the traffic cops will spread out. They'll just randomly pull a CMV over and tell the driver to follow them to the scale. They haven't done it in a while, but a few years back they did it at the National Western, ended up with something like 40 trucks OOS for various violations. The mobile repair guys made a killing that day. The cops even called the local truck tire places and gave them a heads up, one place sent two service trucks and a truck/trailer loaded with various size tires.

Between Ft. Morgan and Wiggins, Colo., there's a backroad that allows you to go around the scale. Everyone takes it, the cops all know it. When they get bored, local deputies will patrol the road, any SB truck will get pulled over and escorted to the POE on I-76. If you don't have one heck of a good excuse, it's a citation for dodging the scale.

 

and that's the question, is it a lawful request or a fishing expedition.

 

I never go through the st croix scale on the mn side. Cross the bridge jump off drive through Stillwater and take 36 into town.

 

To be clear, I don't advocate my behavior. A) I was young and stupid. B) It wasn't such a crime, like it is today. C) The DOT were usually almost retired patrol officers, relegated to "truck duty", and they knew us. Stopping a gravel hauler, was like fishing in a barrel. And we knew they were around,( again, CB on our "private channel", usually 14) so we'd "lighten up" for a few loads, until they went home, and then load the wagon again. We were paid by the ton, more you haul, more you make. It was a recipe for disaster. Honestly, when younger DOT officers came in, the shenanigans stopped right there.

 

Yes, it is...its called "Implied Consent". If you have a CDL, then you have to comply with regulations.

Now, if you are not working "for pay", and if you don't have a cdl...then, you could just tell the LEO "you are just traveling"...and not driving. If people want to challenge the "traveling" excuse, then that's on them...and could cost them a substantial amount of money to do so.

But, the "traveling" defense doesn't matter with a cdl.

 

Implied consent refers to alcohol, roadside sobriety checks, and blood alcohol checks (breath or blood). It has nothing to do with weights or any other regulatory issues.

 

I thought beyond 5 miles they couldn't require you to return to a scale. Not sure why I think that, thought I read it at one point.

 

They can require you to do anything they want, unless it would be unsafe or illegal. Want me to cross that 5-ton bridge in my 40-ton truck on the way to your scale? I respectfully decline, and ask that you get a supervisor out here. As long as it is both safe and legal, you should obey their "lawful" orders.

 

I always get a good chuckle on the stories of the road...10/4

 

I was pulled passing the closed scale on 91 in CT. We had just had the door on my dump replaced after it was hit with an excavator bucket. Cop pulls me over and says " you did nothing wrong but you have no lettering on the door"
I told him it was just replaced and he asked me to follow him.
I did. He brought me to a local town scale. Weighed me passed that. Did a full inspection and the horn that worked a half hour earlier didn't work now. Took my ticket and ran.
Happens. And I'd rather be on the cops good side than piss him off