Observations from roadside inspections

Never implied RV drivers don't present a risk. I pointed out that RV drivers are only regulated under certain conditions.

I see your emotions are in check and you are using sound comparisons for the discussion at hand. How did you come up with bicycles?

Be safe.

 

For interstate commerce a CMV is defined as:

States have their own definition of a CMV for intrastate commerce.

Not revenue, commerce. Every person makes revenue, not every person is in commerce. The fact the vehicle is used for a business makes it subject to the safety regulations.

As a business vehicle the vehicle and its contents are subject to the safety regulations. If criminal activity is discovered during the stop then criminal law rules of evidence apply and the stop goes from an administrative action to a criminal action. Same applies to cars; a driver stopped for speeding is subject to vehicle code. If drugs or other illegal contraband are discovered then the applicable rule kicks in. No stop is made without justification.


The rules have been in affect since 1938, more rules have been added as society evolved to address the rules circumvented by loop holes discovered by those subject to the rules. The rules are applied as allowed by Congress. As explained each agency has limitations and must abide by the limits of their jurisdiction.

Be safe.

 

The US DOT and FMCSA may only write rules and enforce rules as appointed by Congress. The grants issued to states for FMCSA/US DOT activities may only be used for the powers and duties as assigned by Congress. Some lattitude has been used using a program called TACT (Ticketing Agressive Cars and Trucks) to identify agressive driving near CMVs.

The US DOT cannot regulate portions of the public it has no jurisdiction over. When a car is stopped for speeding the driver is cited for state laws. When a truck is stopped it is in violation of federal rules and if an officer is authorized will cite the driver for any state violation discovered as state officers cannot enforce federal regulations. Many states have adopted the FMCSR. The issue was brought to light recently when it was discovered Minnesota did not adopt the FMCSR and is now being accused of placing drivers and vehicles in interstate commerce OOS without the proper authority.

Be safe.

 

Wrong again, when people drivng autombiles are stopped they are cited and penalized for violating state, city, or county laws.

See my earlier responses regarding jurisdiction.

Be safe.

 

LT the FMCSA assigns carriers a Safestat score from A - H, "A" is bad "H" is good. I spend 80% of my time with the "A" and "B" carriers 18% on complaints and the remaining time on misc details. In my line of work I contend with the carriers that have a history of OOS violations and accidents; therefore, my perception of the transportation industry is formed based on a group of carriers with poor performance. As mentioned my roadside inspection resulted in 50% of the vehicle being placed OOS which raises concerns regarding the safety of the equipment on the road.

I go by the 1% theory… 1% of the population drive the rules to change and have an impact on our daily lives. Keep in mind the government is reactive not proactive, any rule in place is there because someone was hurt, died, or loss something.

I never indicated all drivers were irresponsible, the post is aimed at those that fail to follow the rules and regulations and offers insight of the proposals coming down the pike to address unsafe behavior. All carriers will be affected by CSA2010, carriers that fail to monitor and reduce their driver/vehicle OOS violation rates will face sanctions for poor performance. Drivers that willfully and continually violate the rules may loose their ability to operate a CMV for hire due to the Driver Information Resource (DIR). The FMCSA has been collecting driver roadside inspection history for approximately 3 years. Users with access to DIR can see all roadside inspections performed on a driver using the driver’s personal info. Just as carriers are assigned Safestat scores, driver may eventually be assigned a “Driver Score” using their roadside inspection history. Current plans indicate the DIR information will be released to carriers to determine the driver’s ability to follow the rules.

Be safe.