Virginia driver here. Im trying to find where in the FMCSA safety regulations pocketbook does it say about drivers being pulled over without reason for a roadside inspections?
Where in the FMCSA regulations do it say about drivers being stopped without reason?
Discussion in 'Questions From New Drivers' started by Adhdbandit703, Nov 8, 2021.
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No regulation, you drive a CMV which is subject to search at anytime on any public road.
LoneRanger, Dino soar, 88228822 and 11 others Thank this. -
They don't need a reason to stop you for a inspection.
Adhdbandit703 Thanks this. -
Thanks for your response. The thing is i would like to know where can i find it in black and white so i can show my employer. I got pulled over in a dump truck and i got hit with an overweight citation but my employer was asking me, how is it that i got hit with the overweight citation during a roadside inspection and not get a ticket for speeding, etc. Assuming i might've made a traffic violation which lead to that overweight citation. I tried telling them that D.O.T doesnt need a reason to pull anyone over...
Badmon, nredfor88 and austinmike Thank this. -
Here a short explanation, or go to CVSA inspection criteria.
Attached Files:
Adhdbandit703 Thanks this. -
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Awesome thanks brother. I sure do appreciate this.
austinmike Thanks this. -
Your boss, if he's been in the trucking business any time at all, should already know this.
He's messing with you, trying to see if you had done something to cause you being pulled over.ncmickey, Frank Speak, GYPSY65 and 3 others Thank this. -
Many years ago there was language in part 350 that got into detail about MCSAP and how to conduct these stops. All this got changed some years ago that language is no longer in that regulation. What has happened over the years is these stops are allowed more and more because Trucking is a heavily regulated industry. I don't like it, but it is what it is.
jason6541 Thanks this. -
The exact regulation you are looking for is § 396.9 Inspection of motor vehicles and intermodal equipment in operation.located at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396#396.9
396.9 Inspection of motor vehicles and intermodal equipment in operation.
(a) Personnel authorized to perform inspections. Every special agent of the FMCSA (as defined in appendix B to this subchapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.
There was also a federal court case trying to fight it, but failed. If you really are interested you can look up US vs Ford. It's at FindLaw's United States Fifth Circuit case and opinions. and has tons of cites and other case law on why it's legal for officers to pull over a CMV.RockinChair, Accidental Trucker and gentleroger Thank this. -
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