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.

  1. Adhdbandit703

    Adhdbandit703 Bobtail Member

    3
    5
    Nov 8, 2021
    0
    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?
     
    austinmike Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. jason6541

    jason6541 Road Train Member

    2,425
    5,366
    Mar 5, 2012
    Omaha, NE
    0
    No regulation, you drive a CMV which is subject to search at anytime on any public road.
     
  4. diesel guy454

    diesel guy454 Medium Load Member

    393
    849
    Oct 18, 2011
    salina ks
    0
    They don't need a reason to stop you for a inspection.
     
    Adhdbandit703 Thanks this.
  5. Adhdbandit703

    Adhdbandit703 Bobtail Member

    3
    5
    Nov 8, 2021
    0
    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.
  6. jason6541

    jason6541 Road Train Member

    2,425
    5,366
    Mar 5, 2012
    Omaha, NE
    0
    Here a short explanation, or go to CVSA inspection criteria.
     

    Attached Files:

    Adhdbandit703 Thanks this.
  7. Adhdbandit703

    Adhdbandit703 Bobtail Member

    3
    5
    Nov 8, 2021
    0
    Awesome thanks brother. I sure do appreciate this.
     
    austinmike Thanks this.
  8. REO6205

    REO6205 Road Train Member

    13,172
    60,500
    Feb 15, 2014
    California.
    0

    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.
  9. Moose1958

    Moose1958 Road Train Member

    15,169
    33,410
    Dec 17, 2010
    Williesburg, Virignia
    0
    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.
  10. ZVar

    ZVar Road Train Member

    10,911
    23,828
    Sep 10, 2010
    Flint, MI
    0
    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.
     
  11. tscottme

    tscottme Road Train Member

    A roadside inspection is a valid reason to pull a driver or commercial vehicle over. You can be pulled over randomly, for cause/suspicion, or no reason.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.