Why no uniformity in laws, state to state?

Your not forgiven. No excuse for being a newb.

J/K.......

The states do that 'cause it's all about revenue. Why else do you think the Hazmat endorsement is a gov't deal and it is good in every state but if you move to a different state and change over your cdl then you have to go thru the whole process all over again to get your endorsement back and pay the money to do it and wait another 30 days. It's all about money. I feel since it is a gov't program and they do a nation wide check up on you , it should transfer from state to state.

 

There is significantly more uniformity in size and weight laws after the trucking industry agreed to be deregulated in the early 1980s. Often, the industry has agreed to increased taxes in exchange for operational gains. Still, the industry has to fight in court those few states that pass unusual tax laws different from other states, seeming to restrain interstate trade. The real money is in permits, licensing, fuel taxes, etc. I am not so cynical to think that harassment of drivers is a real revenue producer. Each state knows what it needs to maintain infrastructure. Each state determines how to raise the revenue, and their methods are legitimate for the most part.

States are jealous of their rights in all areas. The Fed exists only with the consent of the governed. Notice that states exert their own authority with abortion, marriage, death penalty laws, etc. Naturally, interstate commerce crosses borders, but the Fed assumes rights they don't naturally have from the Constitution.

http://en.wikipedia.org/wiki/States%27_rights

 

I fixed the previous quote.

 

You answered that with your rhetorical question.



Considering that drivers are regarded as "Rolling ATMs", it should be a "no-brainer".

 

The FMCSA rules are supposed to be enforced uniformly, however the problem lies within the states. People may have it fairly correct here in that it became a moneymaker.

Before I retired from the U.S.D.O.T., several of us proposed to Washington, DC that we should have a training center to train the state people. There was a law passed a few years ago that required the state inspectors be certified and they were. But uniformity went out the window because of the individual state training programs. Washington turned us down by the way, stating budget concerns. I still believe though that it would have produced a more uniform inspection criteria in most cases.

I once had the head of a state motor carrier enforcement program tell me that a piece of a placard was the same as a whole placard (this was before the rule in this regard). I asked him if a piece of a placard met the definition of a placard under 172.519 (10 1/2 X 10 1/2, square on point configuration etc.). He then started in on me about OSHA rules. I asked him if his job was to enforce DOT rules, or OSHA rules. He stated DOT rules. I then asked him why he was asking about OSHA. I subsequently reported this person to headquarters in DC. They made a complaint to the state & the state demoted & removed him from the head job.

I once had a state inspector tell me that if the carrier operated every day of the week the driver was mandated to use the 70-hour rule which was entirely incorrect at that time (this was back in the late 90's B-4 the rules changes). I got that straightened out.

I once had a state inspector tell me that a side clearance light not working was an out of service violation at night. I went to court as a witness for that driver & the cop lost. I think he also learned a lesson.

Over an above the moneymaker it may be, it depends on the training provided by the individual states and some states fail miserably. I think you will find however, that the states drivers dislike the most are the states that do it right more often than not.

 

If enforcement is not a "money-maker" for the state, why is it that CA has reopened scales such as S/B Red Bluff, that have been closed and sat unused.
It wouldn't surprise me that the one on the 118 and the ones on the 14 will be reopened as well.
CA is broke and going after drivers is like "shooting fish in a barrel".

I'm all for safety and enforcement. But between CARB regs and anything else politicians and bureaucrats can come up with to take truckers to task...just another straw on the camel's back....

 

Not only states but counties and towns are cashing in on this as well.

 

Yes but they got more creative ways to generate money and piliage the trucker. With all the speed traps and ever changing speed limits to catch a driver who just happen to miss the new sign because the sign was blocked by traffic or a stupid tree limb. But my favorite has to be the new red light cameras. The only purpose of these is to make there pockets fatter. You get one of these and all it is , is a fine, no points on the cdl. It's no different than a stupid seat belt ticket law. Stupid in my opinion.

 

I assume I had my share of harassment. Speed limit signs behind tree branches are one of my pet peeves. They expect you to trim the branches with your CB antennas. As far as that goes, all regulatory signs near intersections are directly in a trucker's line of sight as he scans for approaching traffic.

Having said that, why do a small percentage of drivers receive most of the fines while others are never delayed anywhere? I did not receive one speeding ticket in 40 years 9 months on the job. I received a driving too fast for conditions while driving home from work in a blizzard. That was harassment. I had my car under control and had adjusted my speed for conditions, apparently not enough in the opinion of the officer. Of course, the judge always takes the officer's opinion as more valid than that of a professional driver.