Level 2 while driving as personal conveyance

Discussion in 'Trucking Industry Regulations' started by windsmith, Dec 22, 2012.

  1. windsmith

    windsmith Road Train Member

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    Well it was a non-issue this time, as I had nothing planned until Wednesday.

    I'm pretty sure that if it cost me a substantial sum by forcing me to cancel a load or something similar, I would be loudly making my concerns known to some elected officials and OOIDA. That kind of power is nonsense, especially since there WAS no probable cause for the stop. I don't even have a problem with 'no probable cause' random inspections - just have a big problem with the possibility of even a clean random inspection costing me money due to HOS limitations with no recourse.
     
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  3. EZX1100

    EZX1100 Road Train Member

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    not so fast skippy

    we are still not clear of how this pans out if the FMCSA book says "off-duty" is indeed off duty.

    notice he did not ask for the drivers log book, and i also figured it made no difference if the trailer was loaded or not

    was the officer correct in asking for paperwork on the truck? i agree, any vehicle can be asked for paperwork and from what i understand there is no need for probable cause for a CMV. however, how can a driver be forced to come "on duty" if he is "off duty"? does this stop constitute "on duty"? or is it just a traffic stop as if he was driving his personal car at home?
     
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  4. Roadmedic

    Roadmedic Road Train Member

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    Take it up with Scalemaster.

    I already know what the book states and what I would do in this case. It is on duty.
     
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  5. EZX1100

    EZX1100 Road Train Member

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    so, if windsmith was doing a 34, and barney pulled this stunt at the 32nd hr, you are saying windsmith would have just SOL?

    is that right, fair, or accurate?
     
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  6. Roadmedic

    Roadmedic Road Train Member

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    That is correct.

    But, remember, I was driving long before the 34 came around. At that point, all you have to do is look at the daily hours.
     
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  7. EZX1100

    EZX1100 Road Train Member

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    so on his 9th hr , he would have to return to the truckstop and sit for 10 more hours

    something dont quite sound right about that
     
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  8. Roadmedic

    Roadmedic Road Train Member

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    Should have thought about the risk before taking it.
     
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  9. 48Packard

    48Packard Ol' Two-stop Shag!

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    Rules and fairness do not necessarily go hand-in-hand, lest we forget.

    Frankly, I thought it was a given that if you're inspected whether you're "off-duty" or not, you would have to go to line 4. Didn't think it was that complicated.

    The fairness of it and/or the "legality" of it is a separate issue and debate.
     
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  10. EZX1100

    EZX1100 Road Train Member

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    doing what is perfectly legal is now a "risk"?
     
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  11. 48Packard

    48Packard Ol' Two-stop Shag!

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    What was also legal was the inspection, so it's a draw. The "risk" was putting himself in the position of potentially having to go to line 4 by exposing himself to that very possibility.

    So....back to square one.

    But I think we also have to consider the odds of this very scenario taking place. Very slim, I would think....so perhaps the risk was worth it? To each his own on that point.
     
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