is this true?

Discussion in 'Questions From New Drivers' started by Jabber1990, Oct 1, 2014.

  1. freightwipper

    freightwipper Road Train Member

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    well you've been told wrong.
    I could have been in a truck stop, hotel etc with my shades closed.
    If I come back to someone that beating my window in their ### will be beaten for being a #######.
     
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  3. Polarbear

    Polarbear Light Load Member

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    I don't care if you pee in a bottle but, POUR IT OUT IN THE GRASS OR NEAR A TREE AND THROW THE BOTTLE AWAY!!!!!!!!!!!!!!!! How ##### hard is this?
     
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  4. Polarbear

    Polarbear Light Load Member

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    As far as the 4th amendment goes, you are dead wrong. OOIDA recently won a court case against the state of Minnesota where the DOT was asking truckers what amenities they had in their trucks and if you were dumb enough to answer them, and you told them you had reading materials or a television, they put you out of service. This was a violation of driver's 4th amendment rights. You are an US citizen and trucker or not you have rights. You need to learn that. If an officer violates these rights, he or she should be held accountable. All I can say about that is "hidden camera". Good Luck
     
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  5. Gunner75

    Gunner75 Road Train Member

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    Put out of service for what reason?
     
  6. Mudguppy

    Mudguppy Degenerate Immoralist

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    I'd like to know this as well. And any links you could provide would be most appreciated!
     
  7. Polarbear

    Polarbear Light Load Member

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    Just google it. Or go to the OOIDA website. They were put out of service for having things in their truck that prevented them from receiving proper rest while in the sleeper.

    [h=4]OOIDA v. Minnesota State Police[/h] A federal judge ruled that the Minnesota State Patrol’s inspections to determine fatigue violated truckers’ Fourth Amendment rights. The court held that the fatigue inspections are beyond the scope of CVSA’s (Commercial Vehicle Safety Alliance) Level III inspections.
    The lawsuit was filed on behalf of truck drivers placed out of service after patrol officers consulted a checklist and arrived at the conclusion the drivers were “fatigued.” This is the first time where a court has ruled in favor of truckers’ Fourth Amendment rights in connection with commercial vehicle and driver inspection procedures.

    http://www.ooida.com/WhoWeAre/AboutUs/accomplishments.asp
     
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  8. Mudguppy

    Mudguppy Degenerate Immoralist

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    Thanks for the link. That's some f**ked up shiite right there!
     
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  9. Polarbear

    Polarbear Light Load Member

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    Several years ago drivers were exposed to extreme harassment by officers of the Tennessee Public Service Commission. Inspecting officers intruded upon the driver’s privacy in cabs and sleeper berths searching for drugs and alcohol without probable cause and under the pretext of safety inspections. OOIDA had to bring a civil action against the Tennessee Public Service Commission. Eventually, the legislature in Tennessee abolished the PSC because of these and similar abuses, but not until after the constitutional rights of many drivers were violated. Regulations which serve to control such abusive practices are necessary in order to justify warrantless searches/inspections and to avoid litigation of the kind brought by OOIDA.
    In failing to publish out-of-service regulations: (a) limiting the discretion of law enforcement officers in the field, (b) establishing limits on the intrusion involved, (c) ensuring the regularity of the inspection process, and (d) safeguarding the privacy interests of motor carrier operators, the relevant state and federal statutory and regulatory provisions fail to provide a "constitutionally adequate substitute for a warrant". Absent uniform out-of-service criteria and uniform inspection and enforcement procedures, random roadside inspection of drivers performed under the threat of arrest, being placed out of service, or with the risk of employer reprisal is supported by neither precedent nor reason and should be found to be unreasonable.
    Promulgation of any out-of-service criteria in the FMCSR’s following formal notice and comment rulemaking would be an important step by the FHWA in seeking to comply with these Fourth Amendment requirements. FHWA should take advantage of the current rulemaking process to simultaneously adopt additional procedures to bring these inspections in compliance with drivers’ Fourth Amendment rights.

    http://www.ooida.com/IssuesActions/Regulatory/OOSC.asp
     
  10. Polarbear

    Polarbear Light Load Member

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    The thing is that this subject is constantly under scrutiny and you should try to stay updated on what is and isn't legal or allowed. Depending on which state you are in, the laws are all different. However, after over 20 years in this business, I can say that if you are showing the DOT that you are doing all that you can to obey the law and abide by the regulations, they will typically just let you go on with your work. For the most part they know that we are just trying to make a living, but sometimes you will find an officer who has a bug up their rear end and you are the first person they have to take it out on. In which case, patience and controlling your temper will serve you extremely well.
     
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