RS not required for traffic stop to conduct DOT inspection?

There is no violation that needs to be observed.

They are granted by law.

If you went to (I assume) a police academy, then you had to touch on the differences between commercial vehicle operation and those of a private individual.

You would also know the difference between a regulated venture and a non-regulated venture, you work under the regulated venture.

Many commercial operations are registered with the state to operate intrastate, they are registered with the US DOT/FMCSA to operate interstate.

Registering has requirements to abide by a set of regulations and in order for the state to check to see if you are following those regulations, they can do spot checks without justification.

To take this a step further, states have agreed to abide by one set of rules for their commercial vehicles, this was the ICC regulations, but now called FMCSA so to have one uniformed set of regulations across all states. By accepting these regulations, the states are also required to make sure through different means the trucks traveling in the states are also following the regulations, no matter where they come from.

This is because this is regulated.

THEN to take it even further, you as a Commercial Licensed Driver of that vehicle, when in charge of the vehicle are subject to spot checks and inspection without reason or justification. YOU have no right to refuse as you have agreed to being inspected at any time (reasonable) through the licensing process when operating a vehicle of the class and type that you are licensed for.

 

The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower the government to fix specific rates. It also required that railroads publicize shipping rates and prohibited short haul or long haul fare discrimination, a form of price discrimination against smaller markets, particularly farmers in Western or Southern Territory compared to the Official Eastern states. The Act created a federal regulatory agency, the Interstate Commerce Commission (ICC), which it charged with monitoring railroads to ensure that they complied with the new regulations.

The Act was the first federal law to regulate private industry in the United States. It was later amended to regulate other modes of transportation and commerce.

The commission later regulated many other forms of surface transportation, including trucking and bus transportation. Congress abolished the ICC in 1995 (see Interstate Commerce Commission Termination Act) and many of its remaining functions were transferred to a new agency, the Surface Transportation Board.

Motor Carrier Act of 1935

In 1935, Congress passed the Motor Carrier Act, which amended the Interstate Commerce Act to regulate bus lines and trucking as common carriers.

The Motor Carrier Act of 1980 deregulated the trucking industry.

Article I, Section 8, Clause 3

[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

The significance of the Commerce Clause is described in the Supreme Court's opinion in Gonzales v. Raich, 545 U.S. 1 (2005):

The Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation. For the first century of our history, the primary use of the Clause was to preclude the kind of discriminatory state legislation that had once been permissible. Then, in response to rapid industrial development and an increasingly interdependent national economy, Congress “ushered in a new era of federal regulation under the commerce power,” beginning with the enactment of the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890. [2]

Regulatory Agencies and Commerce

The Commerce Clause represents one of the most fundamental powers delegated to the Congress by the founders. The outer limits of the Interstate Commerce Clause power have been the subject of long, intense political controversy. Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and the states and the balance of power between the two elected branches of the federal government and the Judiciary. As such, it directly affects the lives of American citizens.

Commerce is "intercourse, all its branches, and is regulated by prescribing rules for carrying on that intercourse."

Commerce among the states cannot stop at the external boundary-line of each state, but may be introduced into the interior... Comprehensive as the word "among" is, it may very properly be restricted to that commerce which concerns more states than one."

The Commerce power is the power to regulate, that is "to prescribe the rule by which commerce is to be governed" which "may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution."

Other scholars, such as Robert H. Bork and Daniel E. Troy, argue that prior to 1887, the Commerce Clause was rarely invoked by Congress, and thus a broad interpretation of the word "commerce" was clearly never intended by the Founders. In support of this claim, they argue that the word "commerce", as used in the Constitutional Convention and the Federalist Papers, can be substituted with either "trade" or "exchange" interchangeably while preserving the meaning of the statements. They also point to Madison's statement in an 1828 letter that the "Constitution vests in Congress expressly...'the power to regulate trade'." [1]

Comments

Soooo, in a republic where trade is regulated by the power of congress to create laws through representation of the people, the power lies with the FMCSA to administer regulatory guidelines through a board of trustees in the states by the authority granted by enumerated powers of congress. These rules are enforced by certified inspectors.

Therefore, each state is granted the power to conduct a routine visual inspection on a predetermined number of CMV. The word Random is used significantly and most importantly to select any truck at any time operating in Commerce, Trade or Exchange on public roadways. The only ones exempt are defined in the DOT book Part 395.

I was not so lucky in 2012, after three years without a Inspection, kaboom, I had three inspections in three months because I started hauling Hazmat. Placards are like targets at the gun range.

My advise is be prepared to be yanked off the road at any time.

Source
1. https://en.m.wikipedia.org/wiki/Commerce_Clause
2. https://en.m.wikipedia.org/wiki/Interstate_Commerce_Act_of_1887

 

Let me say this @RockinChair. Just to twist the knife here a little bit...
When I was a LEO in California, (over 20 years,) there was constant change in case law over search and seizure. Particularly as applying to vehicles.
Stops that were perfectly legal last quarter, could get the case thrown out of court this quarter. And that same stop, may be perfectly legal again next quarter. Remember the law is constantly changing. Particularly nowadays, since judges think they have the power to overrule the law as written by Congress.
I'm glad I bailed when I did. It's just getting worse and worse to be a cop.

 

Rockin Chair.
By accepting your CMV and accepting your CDL. You have granted the state permission to stop and inspect at anytime. YOURSELF and your vehicle. They don't need RS to do so. That you are a Commercial carrier is all the just cause they need.
If you can't handle it, stop now, and find another job.

Just like reading the terms and conditions before joining a board like this. No one actually reads them, they just click accept and deal with the consequences later, should any arise.

 

Did you not see the explanation on pg.1??? I'm a retired deputy and I will tell you from experience that personal vehicles and commercial vehicles are two different worlds. You CAN be stopped at any time for an inspection. Now accept the answers and move on.

 

I do not have time to cite a lot of case law. I will simply state that the Courts have held that the Fourth Amendment applies to "unreasonable" searches as searches and seizures. Generally, this is determined by several facts including whether the search is objectively reasonable. CMVs supposedly have a lower expectation of privacy than homes, personal possessions such as purses and backpacks. They are used for commercial purposes, either owned by, or leased to, a motor carrier. They are subject to a wide variety of regulations.

 

Commercial traffic/ safety enforcement.
And you weren't told this, because it was assumed you understood from the beginning. That you knew what a Troopers job was. To inspect and enforce laws.

And your question has been answered multiple times now.

Your best bet is to stop and ask a Trooper.


But.

I suggest you find another line of work. I don't think this is gonna work out for you. You are asking the wrong questions.

I'm starting to think you're trolling.