Just some of the stupid things I see

Discussion in 'Trucking Industry Regulations' started by dieselbear, Jan 31, 2010.

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  1. wsyrob

    wsyrob Trucker Forum STAFF Staff Member

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    But you are a good mail clerk LOL. That makes perfect sense. Why not mail them directly to the CPA?
     
  2. blackw900

    blackw900 The Grandfather of Flatbed

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    I suppose I could...But the kid likes doing it.

    Maybe it makes him feel like he's contributing to the business in some way....Who knows?
     
  3. 07-379Pete

    07-379Pete Crusty Commando-Pete

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    No fuel receipts? No problem. If you paid for fuel with a company fuel card (Fleet one, Comdata, ect ect) a LEO can ask your company to email him/her a copy of the fuel receipts that you bought and paid for in the last seven days with a fuel card.
    The "i done mail them off" trick worked years ago but with the invent of the interweb it wont work if the LEO reeeealy wants to see them.
     
  4. blackw900

    blackw900 The Grandfather of Flatbed

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    He can ask...But the company that I pull for will tell him to go get a warrant.
     
  5. 07-379Pete

    07-379Pete Crusty Commando-Pete

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    I worked for them once,:biggrin_25525: and after a few CVSA inspectors asked for drivers fuel receipts on level 1 insp, they got a full blown audit and the FMCSA walked out with a nice big fat check.

    I'm just saying......been there done that.
     
  6. blackw900

    blackw900 The Grandfather of Flatbed

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    We've been audited...There was no check issued.
    The reason that the cop on the side of the road will be told to "get a warrant" is because he has no business in our business!

    If an auditor wants to look, The documentation will be at his disposal immediately.
    Even though we're running completely legal, They will be told to "get a warrant" because some of us will stand up for the few rights that we have left and will just not roll over and pee ourselves because some clown with a badge wants sometjing unreasonable!
     
  7. FreedomFirst

    FreedomFirst Bobtail Member

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    +100 Thanks for standing up blackw900. Good to know someone still does!

    In the words of Gentlemen Jimmy Conway in Goodfellas"You gave em nothin,and they got nothin" When I was still buying trucks,and trailers Associates only cared about getting their payment.

    They didn't want to hear some sob sister sally story about how the big bad diesel cop found a way to give me a ticket and took my money. They wanted their money ,and they got it.

    You have to be SMARTER than the system,and when you look at most of these cops it isn't hard. Look how "Smart" the Minnesota bears THOUGHT they were. You must be tired ,because you have a tv ,and a laptop,and a 18 inch neck. Here measure this !!!


    FIFTH AMENDMENT [U.S. Constitution]

    'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.'
    The Fifth Amendment 'can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory; and it protects against any disclosures which the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used.' Kastigar v. U.S., 406 U.S. 441, 44-45 ('72). A reasonable belief that information concerning income or assets might be used to establish criminal failure to file a tax return can support a claim of Fifth Amendment privilege. See U.S. v. Rendahl, 746 F.2d 553, 55-56 (9th Cir.'84).
    The only way the Fifth Amendment can be asserted as to testimony is on a question-by-question basis. Rendahl, 746 F.2d at 555, citing with approval U.S. v. Bell, 448 F.2d 40, 42 (9th Cir.'71) (Fifth Amendment challenge premature on appeal from enforcement order; appellant must present himself for questioning after enforcement and as to each question elect to raise or not to raise the defense).
    The appropriate device for compelling answers to incriminating questions is a government grant of use immunity. See Sharp, 920 F.2d at 1172.
     
  8. blackw900

    blackw900 The Grandfather of Flatbed

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    I have dealt with cops all my life. I know that they are not any different than I am...They do not intimidate me.
    I have not been intimidated by thier bullshi+ in many years...I keep my act straight and do my job and if they ask for something unreasonable I just say no. If they try to tell me that I need to log my restarts on line 2 instead of line 1, I explain to them the stupidity of their position...I have yet to have them do anything besides give me a dumb look!

    If you're gonna stand up to them and tell them "NO" You'd better be able to back your play with facts and law. Read your little green bible and know where to look for answers to questions that come up!
    You can prove them wrong and you can make them feel stupid, If you know your game!
    Understand that many of these guys "Make it up as they go along" and have no more of an idea what they're talking about than the average driver!
    The cops that truly know the law are usually the ones that are the easiest to deal with.
    Guys like dieselbear are usually cool to deal with because they aren't trying to prove their manhood to someone (usually themselves) they're just trynig to do the job the way it was intended to be done!

    Look'em in the eye...Don't blink and Know yer shi+ and you'll be fine when dealing with these guys!
     
  9. Injun

    Injun Road Train Member

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    Having a badge and DOT certification and standing next to the door of my CMV does not give anyone carte blanche to go through my personal effects. The Fourth Amendment still stands. If there is a closed space, a drawer, a compartment with a closed door or a sealed envelope, an officer may not open it without permission, a warrant or probable cause with exigent circumstances. However, if you have a piece of paper hanging out of your overhead compartment, the officer is allowed to say, "Give me that." And you are obliged to comply.

    Your best bet is don't grab a handful of attitude before an inspection, be polite and don't give them a reason to dig further.
     
  10. Working Class Patriot

    Working Class Patriot Road Train Member

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    How many DOT have a CDL?

    How many Commercial DMV examiners have a CDL?


    Yet both will tell us how to do our jobs.....Think about it.....
     
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