Shutdown by DOT

Discussion in 'Experienced Truckers' Advice' started by CJH1977, Oct 15, 2007.

  1. k7aab

    k7aab <strong>Sticking my nose in all the wrong places</

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    Well guess that all depends .. trip packs I have are not DHL and labeled as such for US mail. If it is labeled for US mail and sealed than there is a legal argument.
     
  2. Markk9

    Markk9 "On your mark"

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    To qualify as US mail, it must addressed and have a stamp (either machine or hand stamped). Know one but a postal inspector my open seal legal mail. If something like that happens again, have the officer call for a supervisor, if he will not, then call 911.

    DOT must note on the BOL that they broke the seal. Officer is required put is name, badge number, and new seal number.

    As for your truck, you are subject to search 24/7, either on or off duty by law. You may ask that the officer come back at the end of your 10 or 34 hours, but he doesn't have too.

    Mark
     
  3. panhandlepat

    panhandlepat Road Train Member

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    my company requires that you call dispatch if the seal has to be broken for ANY reason.
     
  4. BobC

    BobC Medium Load Member

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    Mark,
    You do have some rights even as a truckdriver.

    Despite the search & siezure laws being a quagmire of contradictions, you are not searchable without probable cause or a warrant.

    Even while driving a truck in public, you have a certain expectation of privacy despite what law enforcement might otherwise say.

    Don't throw your rights away just because you "think" it's less trouble.
     
  5. Roadmedic

    Roadmedic Road Train Member

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    DOT cannot disturb you when you are off duty. The problem that allows them to is when they knock on your door and you move into the driving compartment and sit in the drivers seat. You are now technically on duty. Roll the passenger window down and advise them you are on break.
     
  6. MACK E-6

    MACK E-6 Moderator Staff Member

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    Not quite.

    An officer can "disturb" you whenever they want, as if to tell you to move if you are parked on a scale lot sleeping and they need the space.
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Agreed, I am talking about when you are legally parked.
     
  8. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    All depends on the cop. I've had cops ask me to shut the truck down and talk to me from the ground. I've had them ask me to step out. I've had them step up on the steps to talk to me while I am to remain in the seat at all times.

    All depends on the officer.
     
  9. DAN LAPP

    DAN LAPP Bobtail Member

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    what was the reason you stood out. dirty truck, messy dash, pissed off look on your face? if none of the above, sorry it happened. it sucks when they catch you on a cheat. live and learn. wish you luck.
     
  10. double trouble

    double trouble Bobtail Member

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    if trip pac was sealed he legally cant do that with out a court order,that is
    tampering with us mail.