Road side inspections/DOT inspections

Discussion in 'Trucking Industry Regulations' started by LogsRus, Jun 6, 2008.

  1. psanderson

    psanderson Road Train Member

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    RAMBLER: This requirement in NJ is legal PROVIDED you were in INTRASTATE commerce (you didn't leave the state). If you were in INTERSTATE (more than just one state) commerce the state of NJ cannot cite you for this because part 395 does not mandate you to show entering and leaving a toll road on your record of duty status (log). The applicable rules are 395.8(d), (f), and more specifically (g). Section (g) is where the rules book has the picture of the log with the city & state locations on it. Simplistically, if you are in interstate commerce the State of NJ is required by federal law to use the federal/FMCSA rules.

    You see, the only thing that is required by the federal government (USDOT/FMCSA) is the city and state location where you change duty status. There is no mandate in interstate commerce to add such things as pre-trip inspection, meals, DOT check, Entering NJ Turnpike, or post-trip inspection in the remarks section of your log. It is illegal for a state to usurp these rules and require what you suggest here provided that the vehicle was in interstate commerce.

    You should report these actions of NJ to the USDOT/FMCSA. It is their responsibility to fix this once you file the complaint. It is too late to get your money back from the initial ticket, but in the future, if you would have read the federal rules and thought about what you read, there is no doubt in my mind that you would have beaten the citation (ticket). I know most drivers dislike the rules book with a passion, however looking at them from a different direction/perspective, they can also be your best friend as in this instance.

    From a retired federal DOT officer
     
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  3. Powder Joints

    Powder Joints Subjective Prognosticator

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    I have been shut down for equipment, but not for log violations. I had a fuel line (rubber) crack, going into South Dakota and the troooper at the scale caught it. Glad he did.
     
  4. lostNfound

    lostNfound Road Train Member

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    Got stopped twice in two days at scales in OR last week for Level 2 inspections. The first one was also a training exercise for new troopers so the lead trooper and I had a chat about freight, APUs, CA's dumb anti-idling laws and the weather while junior did the work.

    Second stop went pretty quick when I told her I had just had one done the day before and showed her the paperwork.

    Oh yeah, no violations. :biggrin_255:
     
  5. nyc truck inspector

    nyc truck inspector Bobtail Member

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    when i check books i always ask for toll and fuel reciepts .after they give me the toll reciepts i tell them to catch up on thier book . when i look at the times and dates on fuel and toll reciepts i match them to the log book . i find alot of drivers with toll reciepts showing they were driving and thier log book states off duty or sleeper birth . FALSE LOG BOOK ! how can you drive through a toll and be in the sleeper at the same time . if you like to play with your book or keep 2 , your shipping papers , fuel and toll tickets will trip you up . most big city police agencies dont check . most drivers dont fill out the log untill they leave and go interstate .also owner operators dont like putting their mileage down . go back 7 days and no mileage means something is up . meanwhile they get paid by the mile and he is telling me he does not know his miles for the week . if you forgot to do your book and catch up you will have maybe one mistake and can explain this easily. i ran over the road and have a class a . the old saying is true . you cant bull**t the bulls**tter . get your sleep so you stay safe .
     
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  6. panhandlepat

    panhandlepat Road Train Member

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    got pulled over yesterday in AL. for a level 2. officer said he was surprised i didn't have any violations for some reason and congragulated me on running a "clean truck" picked up my free t-shirt at the jax yd today for it LOL. glad i wasn't in a usa truck surely woulda found something wrong with their junk!
     
  7. RickG

    RickG Road Train Member

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    nyc truck inspector - How should a driver in the sleeper handle coming through Customs ? He would have to briefly have to come out of the sleeper but should that really force him to stop his 8 consecutive sleeper hours . (Comments from psanderson also appreciated )
     
  8. LogsRus

    LogsRus Log it Legal

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    How can you be in the sleeper while going through customes?
    You can't be! You would driving if you are behind the wheel and line 4 time while you might wait for any paper work process etc.

    Now if you get across customes and take a break (which I am not sure if that's even possible) then your butt better be in the sleeper.

    Now if you are saying you are on your 8 hour break and during this break you notice I can't get over quickly and interrupt your break to get over teh border, I am thinking and would honestly answer this would interrupt your sleeper break.

    Am I right PSanderson and NYinspector?

    Im testing myself here to :) :biggrin_255:
     
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  9. lostNfound

    lostNfound Road Train Member

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    Think; team driving.
     
  10. LogsRus

    LogsRus Log it Legal

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    Well I am assuming if you are team there would be no need for both drivers to get over customes would there?

    Or wait do both drivers have to get out of the truck when crossing the border? Something I never asked before and if that's the case then yeah both drivers would either on line 3 or 4 but if it took less than 15 minutes (most use the rule of 7.5 min) they could flag it per the DOT book.

    Ok so yeah I see what you are saying if that's the case both drivers have to clear customes.
     
  11. lostNfound

    lostNfound Road Train Member

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    Both drivers must show themselves and may, or may not, have to exit the truck.

    BTW, I did a lot of crossings as a team driver and never once changed duty status. Screw the stupid rules. :biggrin_25511:
     
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