Help with violations. “OPERATE VEHICLE WHILE TEXTING"

Discussion in 'Experienced Truckers' Advice' started by mrbhatti, Dec 5, 2024.

  1. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
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    he was driving next to me lol
     
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  3. xsetra

    xsetra Road Train Member

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    You say your CDL has a requirement to wear glasses. Even though you had corrective surgery, you have to wear glasses until you have your CDL restriction removed.
    Because you weren't wearing your glasses while driving, your CDL is invalid.
    You should have applied to remove the restriction on your CDL
    after surgery OR wear your glasses. Get a pair of clear lense glasses to wear.


    Just because the trooper gave you tickets does not make him a POS. This trooper was passing you and you didn't notice because you were trying to get your phone off the floor. The trooper didn't pull you over until he saw the phone in your hand.

    Read Q6 and Q7 in the link below
    General Information about the ELD Rule | FMCSA

    With the technology today, there is no reason to have the phone in your hand while driving. Hands free ear buds, blue tooth connectivity. Secure mounting, Text by yelling at your phone.

    Mobile Phone Restrictions Fact Sheet | FMCSA

    Request the body cam recording of your stop. That should clear up the statement you made about looking at ELD. Your statement about the ELD will also put the phone in your hand which is a violation.
    How did the phone fall or where did the phone fall from to get behind your brake pedal?

    Not sure you can fight any of this, if the trooper only gave you warnings and no citations were issued.
    How did you leave with the OOS violations?
    Good luck
     
  4. Opus

    Opus Road Train Member

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    You must think we're stupid and have never driven a truck. Best of luck, you'll need it.
     
  5. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
    hesperia CA
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    I’m not sure what you’re implying here.
     
  6. wis bang

    wis bang Road Train Member

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    Levittown, PA
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    A general warning about corrective lenses; even if not on your CDL but noted on the medical will still get one in trouble.

    IF the OP would have had his 'spare' pare of glasses, the trooper may have not cited the lenses in the eyes...

    The eye doctor's info could be submitted via Data Q to try and get that OOS removed from the inspection.

    No such joy on the phone in hand as the FCMSA targeted that years ago.
     
  7. Long FLD

    Long FLD Road Train Member

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    Didn’t read all the replies, but I know when my brother got eye surgery and didn’t have to wear contacts or glasses anymore he went and had the restriction removed from his license. The cop on the side of the road has no idea if you can see or not.

    As far as your phone, especially since you told him your ELD was on it, it should have been mounted properly.
     
  8. Eddiec

    Eddiec Road Train Member

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    You need a traffic lawyer based in the area where you got pulled over to handle this for you or you're going to get crushed in court.
     
  9. Lennythedriver

    Lennythedriver Road Train Member

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    I wasn’t there so I don’t know. Maybe you really were just picking up your phone but I can tell you this. About 35% of truck drivers that either pass me or I pass them when I glance over have their phone in their hand. Some of them even have their feet up on the dashboard probably watching a movie while they fly down the highway. Four wheelers? It’s about 90% now. I’m thinking more along the lines. You were mesmerized by engaging in your phone and you didn’t notice the trooper coming up beside you. Instinctively most of us just know who’s coming up beside of us at all times because we’re glancing in our mirrors and scanning things regularly. If you were on your phone, while driving a CMV, then nobody is going to sympathize with you. If it was as you state, just bad timing, well, you had some bad luck. THAT SAID, if I my phone falls and it is way up under the brake pedal, I’m probably just gonna leave it there until I pull over. That’s a hell of a place to try to retrieve your phone while you’re flying down the highway. Just saying.
     
  10. mrbhatti

    mrbhatti Light Load Member

    70
    23
    Oct 30, 2012
    hesperia CA
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  11. mrbhatti

    mrbhatti Light Load Member

    70
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    Oct 30, 2012
    hesperia CA
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    he cited me for “texting and driving” even if I were to get phone records, you don’t think it would help?
     
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