Must read!!!! Stopped by FL DOT yesterday....

Discussion in 'Trucking Industry Regulations' started by Driver of the year, Mar 16, 2013.

  1. Driver of the year

    Driver of the year Medium Load Member

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    Ok, here we go.... alot of you know me the Driver of the year. Im known for playing the paper log and going through Floridas back roads and avoiding scales at all cause! Im a Port Container hauler. Now the reason that i avoid scales is not because im having mechanical issues, it's because i do it as protesting a Fed. Dept. overlooking an American small business and being stopped without doing something illegal! yesterday i was traveling through one of my three secret Floridas back roads going to the other coast Port to drop a container heading towards Trinidad and Tobago, i know when i encounter one of these FL DOT's, and being a Container, they will stop you even though i dont agree because it's like an illegal search and seizure in a small business without probable cause or breaking any laws like speeding or driving reckless! but ok, these are back wood roads and he followed me trying to see if i sped, i saw when he sneaked half a mile behind me. Then the lights go off and i parked in a safe yard. He approches my driver door and ask for Drivers License, registration, logs. Another driver from my company was stopped and seems they want to see our logs, long story short, i was legal on the level three Driver only and he says that the only problem is that i had a 14 HOUR violation? i told him, i only drive florida intrastate mostly less than 100 mile radios and use the logs only when i go to the port on the other side of the state? THIS IS WHEN IT GET'S INTERESTING and i need anybodys advice if you know that what the dot officer said was true? ( not that i think he is lying) He told me that even though i only run the state of florida, that because im hauling a container, it falls on the INTERSTATE rule! i said why? he explained me that when i pick a or TAKE A CONTAINER FROM A PORT, THAT THE CONTAINER GOING OR COMING FROM ABROAD AND THAT MAKES IT AN INTERSTATE RULE? just like crossing the florida border with georgia but in my case, it's crossing floridas coast so it cross state line? I called my boss after i left and he thought it was bull? what do you guys think? a container that leaves a state through it's coast and not the tractor, makes the driver fall unto the 14 hour interstate rule and not the 16 intrastate rule? (no ticket or no out of service because i had a 10 hour off duty so i left after 45 min. inspection)
     
    Last edited: Mar 16, 2013
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  3. MNdriver

    MNdriver Road Train Member

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    Have him in court and make that explanation to the judge.

    It's not even worth trying to explain.
     
  4. PowerWagon

    PowerWagon Light Load Member

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    The logic is totally screwy. If this were true, then a hook and drop of a trailer that had crossed state lines would place you under interstate rules... and a loading and unloading of CARGO that had crossed state lines would, as well. You can't claim that a large box on a flatbed (container) changes the rules, when a large box ( crates) on a flatbed won't. I make no claim to understand or know the regulations, I"m just commenting on the logic.

    I believe he was BS'ing you, either due to ego, or he thought he was going to trip you up in some way.
     
  5. landstar8891

    landstar8891 Road Train Member

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    I thought NY was bad ''shaking'' down truckers for MONEY.Seems Florida has taken a page out of NY DOT Extortion Rule Book..

    Another example of ''It's all about the Money''..
     
  6. Driver of the year

    Driver of the year Medium Load Member

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    No, he din't issue me a ticket, just said that i had violated the 14 hour rule because it's a Container that leaves state line through the coast? no $$fine, no court date, i guess it's a warning but now this leaves us with questions? we have to run over the road interstate rules rather than the 16 hour intrastate because the stupid container leaves the coast through the oceans and how will this affect me as s the driver? i dont leave with that container so this is another example of politicians doing laws that make no sense and why i avoid scales? now i got to travel through back road #3 until they start showing up over there! The good news no ticket, no out of service or court date and made my best week since working in Containers! $3,200 and off weekends! Ok forum, i'll wash my truck and appreciate any input on that 14 hour intrastate rule?
     
    Last edited: Mar 16, 2013
  7. Steve D

    Steve D Light Load Member

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    Sorry, I disagree with your idea that it is an illegal stop without probable cause. You are doing public commerce on public highways and that means you are regulated by public agencies who have a right to protect public safety. Get off of your ideological high horse and get with reality.
     
    SHO-TYME, Guntoter, pes2 and 6 others Thank this.
  8. kwloo

    kwloo Medium Load Member

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    SteveD - can you imagine the outcry if they started stopping every car or light truck with an ad or logo on it that is moving on public roads. In fact the case can be made that more people are killed in these vehicles than in semis. Obviously not an "illegal stop" but there is some food for thought.
     
  9. WorldofTransportation

    WorldofTransportation Heavy Load Member

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    As Senator Cruz said Thurdays.. Do you only enforce the parts of the constitution you like? Can we ban books we don't like by the constitution? Does illegal search and seizure only apply to people that look like good upstanding citzens.. We can have abortion on demand but without regulation but we can't have a gun we want... I know it isn't the same ballpark but it is the same game.. It is illegal search and seizure.. but we can't do anything about it.. We are all regulated by public agencies.. Just depends on what class you fall in..
     
  10. wichris

    wichris Road Train Member

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    Is it on a through BOL? Or is a different BOL being issued at the port? That makes a big difference on claims,payment,ect. Never heard of it being different on the HOS.
     
  11. Steve D

    Steve D Light Load Member

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    No one is violating the Constitution. Governments have always regulated public commerce. Airlines are regulated too...aren't you glad? FAA inspectors can check up on airline service procedures and logs any time they want...they don't need to suspect a crime. We are like the airlines. We are driving vehicles that are potentially lethal and the public has a right to know the equipment and the driver are safe. Drivers need to got over this Neanderthal idea the the federal gubiment has no business messin with us.
     
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