Log book Violation

Discussion in 'Trucking Industry Regulations' started by Trouble65, Jan 23, 2009.

  1. Injun

    Injun Road Train Member

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    Washington State does indeed have this technology. Not that they would ever use it to bypass a truck without Norpass. It is used in Washington as a "gotcha" tool and so they can figure out where to send the $2,500 ticket for running the scale.

    At the Spokane scale, 100% of trucks will cross the scale whenever the scale is open, which is almost always. Nobody ever gets bypassed regardless of the fact they have Norpass installed. They want to lay an eyeball on every single truck entering Washington on I-90.
     
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  3. dieselbear

    dieselbear Road Train Member

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    First, you said this:

    "Now about every 8 hours some guy in D.C was calling wanting to know where his equipment was, now i had already been stopped in 3 adjoining states for 3 level 1 inspections"

    Which I took as three (3) Level I's the same day the three (3) adjoining State's. Now you say:

    "3 full inspections in 3 day in 3 adjoining states"

    Which I interpret to say you had three (3) Level I's in a 3 day period. The way you explained the original post is confusing. The point I made is I highly doubt a Major in the Marine Corp is going to contact every State Patrol/CMV inspector in this country and say driver XYZ is on this route, Do not stop him. On that I call BS. Furthermore, I've stopped the same truck within the same week before. Stopped both times for speeding so I'm not supposed to stop him on Wednesday for speeding because I stopped him on Monday for speeding? I have stopped the same truck on the same day before for the same type scenario. Just the other week I stopped a car for speeding, 30 over the limit. Gave the driver the ticket. Driver floored the car again, pulled the laser out and shot them in the rear running 25 over the limit. Guess what, they hit the shoulder again and got another coupon. Two miles down the road another officer clocked them over 30 again. This time they got the ride to magistrate.

    I understand your point and can see that if they are 3 random inspections. The DOT number's get run and I check a lot of the random's I do that way before I stop them. If the carrier's score is bad or they have an unusaul amount of out of service, I will do a random on them. But if they just got done with a level 1 and no violations, it makes no sense to me to do another one. If they had violations, more especially out of service violations, I am going to do another level I. If they pass, they get a sticker. If they haven't corrected the out of service defects, well.......it's not a good day for them. I have had that quite a bit in the past. I check the truck, trailer and driver for past inspections on every stop. In the database we can pull the actual inspection out for the previous year. So if driver XYZ has been inspected and an inspection report generated, i can print it and verify which violations are still present if any were noted. But the guy has 3 clean Level I's in a 3 day period, I'm not wasting my time. That is my guess on the 4th officer that pulled you in. As for what they told you about the 14 hour, I can't speak for another inspector as I was not there. What did each one tell you? I will explaintry to explain the 14 hour, or what questions you have concerning. However in a few weeks, that looks like it will have a new twist to it that I have to learn as well.

    As far as harrassment, you are in one of the mostly highly regulated industries in America. Why, because that's the way it is. There is nothing I will say about why it's this way will make any driver happy, but that is the way it is. You knew this when you entered this world of truck driving. If you were an airline pilot, you have regulatory obligations as well. If you were a firearms dealer, you have them as well. There are many industries that have some sort of regulation. This is not new, nor is it a surprise. If you don't want any regulatory oversight, there are tons of careers that do not have any. I and nobody else decided that anyone would become a truck driver. You and every other driver on your own free will and accord decided at some point in their life to become a truck driver. Just like me when I decided to become a police officer. There are things I have to do to maintain my certification. There are rules and regulations I have to adhere to. The are policies I have to follow. If I don't do my job the way it is to be done, disciplinary action will result up to termination and possible criminal prosecution. But for me to sit and complain about all the little things I have to do to continue to do my job is nothing but a waste of my time. I do what I have to do, so I can continue gainful employment. My family has been around trucking for many decades. I understand your frustration and thinking everyone is out to get you. My Uncle wouldn't hardly speak to me for years once I was assigned a DOT unit. Kept calling me "the enemy". I don't think he truly meant it as he was always a stand offish kind of guy. But with any job, there are things you have to do. I have to do my job to my best ability and driver's have to do their's to their best ability. At the end of the day, we are doing our jobs and you are doing yours.
     
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  4. Scalemaster

    Scalemaster Heavy Load Member

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    Personally, if I was about to inspect you and you showed me a recent inspection, I usually would turn you loose. (Unless I saw that the violations from the previous inspection were still there or some serious violation that needed a closer look)

    If the carrier has a "real bad score" FMCSA wants us to do an inspection on the vehicle unless it has a current CVSA decal on it.

    Even with a current CVSA decal, if there is some obvious defect, it can be inspected again.

    The only way to make a "real bad score" better is to get clean inspections. If you got all those inspections and they were clean, you were helping to better the carrier's score.
     
  5. Warhawk

    Warhawk Bobtail Member

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    You got a ticket for driving only 6 mile over the speed limit. In the United States there is a buffer zone for errors in judging speed. You see your speedometer is not a true gauge for judging true speed. There is a plus or minus of 5 to 10 miles per hour. So as a rule law Enforcement does not pull people over for doing just over the speed limit. Reason is, they will lose in court. This officer pulled a bluff on you being that you are a trucker and out of State and country. Now for the log book Violation yes you can fight that too. You have an improperly written ticket. In a court of law if the ticket is written improper it is in admissible in court. Without the ticket they have no case. You must contest the ticket at the time you submit your request to go to court as well in court.

    Now I know this information comes to late but something you should remember in the future.

    I have received over 150 tickets in my time for bogus tickets written by law enforcement. And I have beaten them all in court. I am also a paralegal who knows the law. I got pulled over by DOT and they wanted to inspect my cab. I told them NO! and stated that they needed a warrant to search my cab. I also quoted the federal law too. and i won on the street. So you see I know what Im talking about. Good Luck next time you get a ticket.
     
  6. CondoCruiser

    CondoCruiser The Legend

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    If you know the law, it would match what is written in the regs.:biggrin_25522:

     
  7. rstrucking2012

    rstrucking2012 Bobtail Member

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    I will say this my husbad got a left lane ticket in indiana and hired a lawyer to get it dropped and did so was dropped down to a non moving violation ended up being no regosration in the truck his lawyer told him if it haf been one county over he would not get it dropped so it depends on the county not the state.
     
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