[Myth_Buster]

GM:

any officer has the ability to use his discretion when deciding whether or not to enforce a law or regulation. while departments and other LEO agency may adopt policies to encourage or limit the amount of discretion an officer may use in certain circumstances it still boils down to officer discretion.

In regard to roadside inspections discretion should be limited as state officers are trained to a federal level using the North American Standard Truck Inspection (NASTI) procedures. Officers are provided 80 hours of training and must complete 32 Level 1 inspections accompanied by a certified inspector before the officer is qualified to perorm Motor Carrier Safety Assistance Program (MCSAP) inspections.

Officers that fail to properly cite the carrier/driver for violations create situations such as the one faced by Swift in 2004:

1/8/2004 AZ-2004-41 Compliance Review

395.8(e) Failing to properly enter duty status during meal stops 78 $37,440.00

http://ai.fmcsa.dot.gov/SafeStat/Saf...m=&PageN=EH#EH

Swift learned the hard way, hopefully you'll learn from Swift's mistake.

I must admit that I do agree with you as far as the way the regulations are written they appear to be very clear in what is or is not allowed, how ever I also know that laws and regulations are interpreted and enforced differently than they are written. Laws and regulations have many checks and balances, including officer discretion. the very fact that and officer may decide whether to even initiate a stop and what and how he will handle any violations shows the many gray area's involved. (its the beauty and the beast of our judicial system)

Unfortunately when a driver/carrier receives a Notice of Claim (NOC) the evidence has been gathered and the elements to prove the case are presented to solidify the case.

I believe the case against Swift demonstrates that logging off-duty in contrast to the FMCSR is a costly mistake.

so while you may be technically correct you are wrong when it comes to the big picture. its similar to the story of the three blind men, each standing at a different parts of an elephant trying to figure out what it is they are dealing with.

MB dealing with the ill informed trying to educate them with the actuality of the FMCSR in regard to meal breaks. It's a forest and I'm using a pocket knife. )

so while you and myth buster go on feeling up the elephants leg, swearing it is a tree we are dealing with. I, having looked at the entire beast at hand will stop trying to convince you otherwise.

GM, I've prepared approximately 200 enforcement cases since 1999 for everything from driver's logs to CDL to D & A testing to HM issues, I can assure you I have a firm understanding of what is and what is not permissible.

Criminal law and civil law vary greatly in the enforcement procedures and evidence required. As demonstrated in the Swift case the issue of logging off-duty for meal breaks is a prosecutable offense.

Be safe.

[Rev.Vassago]

MB dealing with the ill informed trying to educate them with the actuality of the FMCSR in regard to meal breaks. It's a forest and I'm using a pocket knife. )

At least one person besides you gets it.....

[Orangetxguy]

HOLY GUACAMOLE Batman! :eek2::eek2:

Myth_Buster is a real live USDOT, FMCSA Safety Inspector?


How long has Myth_Buster worked at FMCSA...and what has he done prior to becoming a Safety Inspector???

An enquiring mind wants to know! :smokin:

[Myth_Buster]

Stan:

HOLY GUACAMOLE Batman!

Myth_Buster is a real live USDOT, FMCSA Safety Inspector?


How long has Myth_Buster worked at FMCSA...and what has he done prior to becoming a Safety Inspector???

An enquiring mind wants to know!
__________________
Stan

I have been with the FMCSA since October 1999.

From 06/1997 - 10/1999 I worked the Port of Entry at Cortez, CO on US 666.

From 04/1996 - 06/1997 I was a student at Aims Community College in Greeley, CO.

From 06/1992 - 04/1996 I drove OTR for TWX in Denver, CO; Klien Tankers in Denver, CO; Trism in Joplin, MO; Weather Shield in Medford, WI; and HVH in Denver, CO.

From 09/1985 - 06/1992 I worked electronics repairing, installing, and maintaining computer systems.

From 10/1976 - 09/1985 I was on active duty in the US Army

From 08/1974 - 09/1976 I was a geophone tech for Chevron Geophysics; a hay bailer; a machinist; a choker setter on a logging crew and what ever else odd job that popped up. )

From 06/1973 - 08/1974 I was a boiler tech on a small boy in the US Navy....

You can view picts of my trip to DC to receive my award at http://roundtable.truck.net/viewtopic.php?f=1&t=76597

Be safe.

[belpre122]

The clock has started...................

1 week to go.

[belpre122]

5 days.................

[belpre122]

4 days...............

[belpre122]

3 days................

[belpre122]

2 days..................

[golfhobo]

Originally Posted by belpre122

2 days..................

I was going to ask if you were REALLY this childish, Bel.... but your avatar answers that question.

I MAY need an extension, BTW. The Rev is furiously working on your behalf, but it seems I am not allowed to edit any post more than a few days old.

Don't you hate it when that happens? :lol2: