Refusing to help a officer perform a inspection

I’m guessing some people would drive straight off a cliff if ordered to.

Ordering someone to self incriminate is NOT a lawful order. The guy was right. There is no law, Federal or otherwise that states you have to assist. But it’s in your best interest.

And he sure wasted a hell of a lot of time he could have been driving down the road with.

 

First let me say that in my experience most drivers are good people just trying to make an honest living. Sure there are the problem ones just like there are problem officers.

A few years ago I was called to assist another officer. By the time I arrived both officer and driver were spun up. The driver did not want to submit to an inspection.

Out of curiosity I called FMCSA. After explaining the situation, providing them with the DOT number, the vehicle information, and the driver information, they reccomended proceeding with the inspection. If you direct the driver to turn on a turn signal and no signal comes on then list them OOS. They then requested a copy of the inspection along with a report be sent to them for additional follow up and scrutiny.

After I sent the officer back to his vehicle and spoke with the driver, he realized that FMCSA would likely be calling his company and be paying him some extra attention in the future.

I conducted the inspection with the drivers cooperation. No citations were issued and the driver shook my hand and thanked me in the end.

While the law does require a CMV and driver to submit to an inspection I am not aware of any law that says a driver has to assist. At the same time I am not going to operate your truck just the same as I am not going to go into someones home and sit down on the couch and turn on the TV. That is your home and office and I ask permission everytime I want to even step up. Even if I have been given permission earlier in the conversation.

 

Self incriminate? Ha-ha.
Officer. -Sir I can smell alcohol, please step out for sobriety test.
Driver- I don't gonna help you, do it yourself if you need.

 

There are youtube videos of people not putting their windows down for sobriety checkpoints...

 

I help to an extent. Anything with the operation of the truck I'll do. But I'm not dragging their portables out of their truck.

 

I don’t know if Tn still uses those brake dyno’s or not, but I believe that’s one I’d refuse. I don’t know if it was operator error or what, but seen a truck jump sideways about three inches when he hit the brakes.

 

"Self-incriminate"...
Assuming that is even correct here, then the vehicle should be OOS until it is determined that it is all right to go on and the driver could do whatever he wants until then.
Too many weirdos having this job already, letting them all decide what is constitutional or not, or even worse whether they are safe to drive would be too dangerous.

 

Lots of people have trouble with authority figures. I kind of felt bad for the cop, probably very green, they always stick new cops on truck inspections, you could tell he didn't know what to say, this wasn't the 1st encounter with cops for this driver, he knew what to say. I tell ya', I, for the life of me, can't figure out why someone would want to be a cop, dealing with these ying-yangs all day.

 

Hey, the officer asked for turn signals etc. No turn signal equals violation?

I have always cooperated with the utmost respect, at least until the officer becomes unreasonable.

 

The difference between a DOT and God, is that God knows he's not a DOT.