Shutdown by DOT

Can he do it?? Well he did now didn't he?

Your truck is subject to search by them at any time. That's why back in the day when I used to run illegal I took any incriminating paperwork out of the truck and mailed it home.

 

I was under the impression that they have to ask for things.

I've never heard of one just snatching papers off the dash.

 

The DOT is allowed to use any paperwork in your possession to verify your logs. However, I am not sure that they can just reach into your truck and remove it without a warrant (I will explain why), nor are they authorized to open US Mail (which is what TripPak is) without the presence of a Postal Inspector, or without a warrant.

I got stopped at the Anderson Scales in California one year and directed around back for an inspection. While over the "pit" I was directed to sit in a chair and wait. The inspector asked me for some "papers" although I don't remember what they were specifically now. Anyway, before I could resopnd (by retreiving the papers) he opened my door and began to reach in to get them. I warned him NOT to, because my dog would bite him. He ignored me and my dog did exactly what he is supposed to do: bite anyone that isn't supposed to be in that truck. To make a long story short, he created such a ruckus, the Head DOT inspector heard the commotion and came into the inspection bay from the office upstairs. I told the officer what the inspector did, and the head guy TOLD the inspector that he "had been warned" and that he "knew better" than to reach into a truck. Needless to say, I was given a clean "Bill-Of-Health" and sent on my way.
THAT is why I believe that they can't just reach into a truck and take the paperwork. HOWEVER, even if they CANNOT reach in on their own, what is to stop the Officer to say that YOU handed the paperwork TO him?

That all being said: I seldom log 7 miles or less if I am in the same city that I pick-up/deliver in. For example: if I pick-up/deliver in Knoxville, and I over-night less than 7 miles away, I log it as if I spent the night at the shipper/receiver. BUT I DO show 30 minutes ON DUTY NOT DRIVING (15 minutes PTI and 15 minutes load/unload).
You DO have to show load/unload on your logs. Some of the loads I do contain only 1 or 2 pallets, but no matter how big or small the load is: I STILL log it as 15 minutes ON DUTY (because my employer forbids drivers from loading/unloading or even being present on the docks).

 

Search and seizure laws regarding motor vehicles change with the blowing of the wind. Particularly in California. Since you were not "scratched" just shut down and "yelled at" I'd just let it go.

 

I would agree. Even though getting "shut-down" does go on record.

 

Not sure if it is legal or not to grab, however I did hear (just today as a matter fact and it was by another driver) what's in the dash or front area he has access to. I don't know how true that is???

You should show loading/unloading on your logs. DOT knows dealing with that load will take @ least 15 minutes. That's why he got the shut down in the first place.

FYI TO everyone reading this: I had a driver who logged he was in the sleeper and did not have his log current (days off and thought I will update them easy off duty logs later, duh) so he said look officer my logs are legal and he showed him meal tickets where he ate (his bad for doing that huh). The driver was logging in the sleeper when at a restraunt and still doesn't grasp what he did wrong. He wasn't in the sleeper he was inside eating.

The whole thing was over his log not being current (he got pulled over because of his seat belt) they got even tougher.

KEEP YOUR LOGS CURRENT!

It does sound like this guy was being a hard ball however like he can do what he wants attitude. Most would have the respect, however he probably knows many drivers will just say no I don't have any receipts. Keep it out of your dash and put it in the back! At least tolls, scales etc. Not bills and logs!