You can't refuse a DOT inspection but...

Discussion in 'Experienced Truckers' Advice' started by Farmerbob1, Apr 5, 2018.

  1. deathB4decaf

    deathB4decaf Medium Load Member

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    upload_2018-4-12_10-9-32.png
     
    scottied67 Thanks this.
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  3. MrEd

    MrEd Road Train Member

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    I was only addressing the legality of being awakened for an inspection while on the public highway system in a rest area. My contention is that they can wake you for an inspection in a rest area, althought its obvious several different people do not agree with me. In the totally different situation you presented, I dont know. Id think if you are on private property with the permission of the owner, and you did not dri e drunk getting there, or leaving there, you should be ok. Id sure fight that, as it is a career ending situation. What do you have to lose. Probably some law about loitering after hours at a place that serves alcohol is why that happened. There are lots of dumb laws where alcohol is concerned.
     
  4. MrEd

    MrEd Road Train Member

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    ChaoSS, I have nothing to prove to you. You do know fully well, or should, that we are subject to inspection any time we are on a public roadway. You know, or should, that a rest area is part of the public roadway. You also know, or should, that you may work past 14 hrs or past 70 hrs. But you may not drive past 14 or 70 until you have had a qualifying 10 hr break, and that, only if you have hours available on your 70 after the break. So, knowing all of that, a DOT officer would not be forcing you to violate the law, or HOS regulations in any way by requiring you to go back on duty for an inspection. "IF" I am wrong, for the benefit of all of the other people reading this thread, stop being argumentative and prove it. And like Forrest Gump said "thats all I've got to say about that". Have a great day!
     
    wore out Thanks this.
  5. ChaoSS

    ChaoSS Road Train Member

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    I said nothing about HOS. You are, or were, a trainer, so I think it is incumbent on you to know these laws, and to not perpetuate incorrect information.

    To wit, CFR 396.9 grants dot agents the authority to inspect all commercial vehicles in operation. This of course means most of the time spent on a public roadway, but would naturally exclude any time not in operation, such as time spent resting in a rest stop.

    Many of the abuses committed by cops happen because neither they nor the drivers know what the law actually says. Please stop perpetuating incorrect information, especially the type of incorrect information that leads to the perpetuation of driver abuses.
     
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  6. MrEd

    MrEd Road Train Member

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    There is nothing in that reg that changes what I said. You are obviously hung up on tbe words "in service". In service has nothing to do with the drivers HOS. IF YOUR TRUCK IS ON ANY PART OF A PUBLIC ROADWAY IT IS "IN SERVICE" REGARDLESS OF THE DRIVERS CURRENT HOS SITUATION. You are the one misinterpreting the reg and spreading misinformation. And a driver is not being "abused" by being inspected. Even if that inspection is conducted at a place and time that is inconvenient for tbe driver.
     
  7. ethos

    ethos Road Train Member

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    This is true. Not only did I have to give up all my electronics, I had to provide my passwords to each. They can look through whatever they want, for no reason. It is the main reason why I will never cross the Canadian border again. You have few, if any rights at the border. It is an amazing system we have allowed to build. Where "security", trumps any and all aspects of privacy or decency.
     
  8. rank

    rank Road Train Member

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    How else are you going to catch and hang mean sonsabitches trying to get into your country? You really only need to hang mean sonsabitches, but mean sonsabitches you need to hang
     
    Last edited: Apr 12, 2018
    wore out Thanks this.
  9. ChaoSS

    ChaoSS Road Train Member

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    How is a truck that is not being operated "in operation"?
     
  10. MrEd

    MrEd Road Train Member

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    ChaoSS, there is a difference between "in service" and "in operation". That regulation specifically uses the term "in service" and puts it in " " to denote exactly that difference. Changing words to what you wish they meant doesnt make you right. I am done with this conversation. You will not be swayed. But that is fine. You do not need to be. I know what the truth is. Good day to you.
     
  11. Powder Joints

    Powder Joints Subjective Prognosticator

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    No you do not, It is legal to record anybody in a public place with or without consent, You have the absolute right to record a Police Officer or any other public official carrying out there duties. Cop's like bullie people who do not know there rights.
     
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