OK, I was referring to general DOT law in my first post. Since having a chance to do some research I found my post to be in error. The answer for interstate DOT law is in the regulatory guidance of 383.91. Right now I am unable to post a link.
How does a PA Driver/vehicle inspection affect me?
Discussion in 'Questions From New Drivers' started by Tom Instan, Feb 29, 2016.
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I only posted a reference, I made no interpretation of CMV or CDL status. The OP admits not know either vehicles exact registered gross weights or gross combination vehicle weight so any answers here are pure speculation.
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It appears you are correct, unless the combination is over 26k or there is hazmat, no cdl required. But anything over 10k interstate anywere, or 17k intrastate in pa needs dot numbers medical card, and log book
But I still think it's funny how you lectured about posting bad info, then you copied and pasted the wrong section of info from the dmv.truckon Thanks this. -
I'm going to give the OP a pass on the OOS question. The primary reason is the OP was on the side of the road and there was nothing safety related wrong. To not allow the driver to leave means said officer would have to sit on the side of the road for maybe over an hour waiting on a wrecker to come. The OP also called it a report. Was it in fact just a ticket wrote by a non certified cop? If so there is no official OOS. Or at least that's the way I understand OOS.
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If indeed as the OP stated it was a Pa State Trooper.....they are ALL certified.....part of the job description.....pa combined cmv enforcement w/under the State Police a few years back
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Yup, I did post the wrong section. What's that about throwing the first stone. I stand guilty as charged.
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To the OP, the speeding ticket is on you however everything else is on the company. I would tell the boss man you want to make sure it doesn't land on your record, let him pay for the legal costs other than the speeding ticket because it is all his fault.
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That's just not true. The operator of the vehicle is required to check that everything is legal before they drive it. It legally goes on the driver, or possibly both. No way the driver is not going to be held responsible.roshea Thanks this.
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http://m.automotive-fleet.com/blogpost/411/not-covered-by-dot-think-again
Old article, but still relevent -
Sorry dude, if I was the op, I would have an issue, he was told to drive the vehicle. His responbility under the law is limited because of the due diligence of the company to make sure the vehicle is legal. It is the same as if he was told to drive the company car and got pulled over but the cops ran the plate and found out that the insurance was canceled and the plate was stolen. He can't call the insurance company or the stare first to see that the vehicle is street legal.
His responbility isn't to know what is needed to make the vehicle legal, that is on the company.
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