Better save this in your bookmarks CVSA Policy on inspections.

Yup, a lot of people don't realize exactly how the HoS really work. But you can be "on-duty" indefinitely. You could drive the truck for 10 hours, and then spend another 10 hours on-duty unloading your truck and it's completely legal. You just need a 10 hour break before driving again. Also, you can legally interrupt any rest break by going "on duty" but it will require you to completely restart your break afterwards.

 

Just for argument's sake the DOT man comes to your door and you have 15 minutes left on your 10 hour reset. If you go on duty, then you'll have to start another 10. That's not going to happen.

 

Listen, I completely agree with you. If they want to inspect me they will need to catch me while I'm driving. Either pull me into a weigh station, or do a roadside inspection on me. I'm just simply stating that, when we are talking about hours of service, going on duty in the middle of a break for an inspection is not illegal in anyway. Is it completely wrong and abusive for an officer to attempt to wake you up for an inspection? Absolutely, it is.

 

So then the question becomes, what is the consequence of refusing an inspection during your break? I have no clue.

 

This is actually a very interesting point. The argument is that the truck is NOT IN SERVICE, and therefore it could be argued that the inspection of a vehicle not in service would not be valid until AFTER the driver had placed the truck into service after his pre trip certification that the truck was fit for duty.

I wonder what the legal system would say about that argument?

 

Yea I have never heard concrete rules on the legalities. I would figure if the truck is legally parked, then it is technically not in service. I wonder however, if there are certain technicalities when it is parked in a rest area over a private property parking area. You ever notice that you never see troopers doing inspections in truck stops? I'd bet money it's because you can claim the truck is not in service if your not on a public road. But I would assume since a rest area is government property, they are allowed to do it there, and you probably can't claim it's not in service ... or it might cost you a hefty tow bill at the least.

I don't know what happens if you straight up refuse to cooperate with an inspection. I wish someone on here had experience with this.

 

The truck is placed out of service until it IS inspected and deemed safe by the inspector.

 

Me too: especially Ohio on I 70!

 

Founhttps://cdllife.com/2018/new-policy-warns-officers-not-interrupt-off-duty-truckers-random-inspections/
Found this on CDL life site