Refusing to help a officer perform a inspection

Discussion in 'Ask An Owner Operator' started by m16ty, Mar 30, 2019.

  1. m16ty

    m16ty Road Train Member

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    Granted, I'm no lawyer, but I think there is a 5th amendment case to be made in not participating in a inspection. Now I'm not saying that not assisting couldn't end with other legal troubles, but I think they would have a hard time prosecuting you for the sole act of refusing to participate. If you knew your blinker didn't work, and you pulled on the blinker lever when instructed to do so, you just incriminated yourself. It would be interesting to see how this would play out in court.

    I still believe the best policy is to play along with their game, and I always have. Personally, if I were a officer, I'd be inclined to just place the truck and driver OOS until the truck and driver were deemed safe to drive.
     
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  2. m16ty

    m16ty Road Train Member

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    Several years ago, I knew of a State Trooper that had a dumptruck he drove on his days off. He was one of the worst at being strictly by the book when it came to inspections, but his dumptruck was a pile of junk. Bald tires, missing lights, and whatnot, but none of the other Troopers would mess with him because he was their "buddy".

    If you want to be a hard nosed inspection officer, go right ahead, but don't practice "do as I say, not as I do". That whole deal left a really bad taste in my mouth.
     
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  3. adayrider

    adayrider Road Train Member

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    I'm no lawyer by any means but I could see an argument made that you can't put him/truck out OOS without grounds. Guilty till proven other wise??? If his paperwork is in order and he IS NOT refusing the inspections, just not participating in it.
     
  4. x1Heavy

    x1Heavy Road Train Member

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    Here, good coffee from such a such a diner in thermos, cup here too.

    Here, some left over food items, we wash that down with more coffee.

    Small talk? Sure, get them doughnuts why don'tcha.

    Smoke? Light?

    Part wont budge, let's get some of that grease on there, whoops that should come out in the wash.

    Here is a tool, it will get it better, aw better have the doc look at that. Clumsy me.

    It's a wonder that inspections can be done at all these days with such lavish attention onto the DOT people for their wonderful services.
     
  5. TallJoe

    TallJoe Road Train Member

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    I guess, that by means of some convoluted logic, one could arrive at the conclusion that DOT and inspections are not legal at all. That said, all other things ELDs, HOS, CDL - licencing, speed limits etc. are not constitutional either.

    Obviously, applying constitutional law into DOT having to do their job is a daunting task. I believe that DOT is needed in general. Every common citizen would surely feel better that trucks are safe and that a whip by the name of DOT should play a part in the process.
     
  6. Powder Joints

    Powder Joints Subjective Prognosticator

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    Ahh , But the ability to create an income with being prevented from doing so is a right.
     
  7. 201

    201 Road Train Member

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    The whole thing stinks. Besides, without inspections, what would the rookies do?:dontknow:
     
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  8. TallJoe

    TallJoe Road Train Member

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    I was not a saint in my younger years. Doing rather stupid "paper log" enabled things. I got spanked a few times, rightfully so, and will stand behind what I said. I might be even alive thanks to DOT. He he!
     
  9. 201

    201 Road Train Member

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    That's nice, but not me. I broke every rule that would bend, and the DOT was considered "the enemy". Thanks to the CB radio, we knew all about where they were. I used to fold log books in half, and slam them in the door to keep it from rattling. Like I say, it was no big deal and I rarely got asked for one.
     
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  10. TallJoe

    TallJoe Road Train Member

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    I used leaf sheets for convenience...man, I spent a fortune on those.
    Anyway, when you read something like this, it takes everything into another perspective;

    Slezak receives 20 years in prison for deadly 2012 accident

    That story really got to my heart. I mean, from retrospect, I could have been that guy at times too... I bet you, he used the same loose leaf pages I did. I am so glad I am past all that...
     
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