Pulled over just to verify logs?
Has anyone been pulled over just to have their logs verified? No speeding, no obvious problems, just officer wanting to check logs? If so, how common is this?
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i've had it happen 2 times (1) 4 years ago I-55 in IL at 0215 i was the only truck going north at the time, (1) 3 years ago I-44 in MO at 1030 dot had 5 pick-ups pulling 5 trucks over at a time.
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Yes I had it done a few months ago. Out on a state road in Nebraska. Came over a hill and saw troopers waving drivers over in both directions. They asked for my log book, checked my paperwork and truck ID. Said thanks and let me go. No weighing or anything like that. Only time in 6 years I've had that done. Drive safe everyone. :)
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Thank you for the reply, I appreciate it. Always coming across something new around here :) I wasn't sure if it was just a local check set up or something common as we hadn't run across it before here, also they do level 2 inspections right there while checking logs on some of them.
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I was going north on I 85 through NC and a NC DMV pulled me over and checked paperwork. I was doing a little over the speed limit so I figured I was going to get a speeding ticket. But when he came to the door he said I was not speeding, just checking paper work randomly. As he let me go another truck passed us with a light out. He went after him. I yelled at the driver what the DMV said to me, but also let him know about his light.
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I had a Maryland DOT do that a couple years ago. He literally stepped out in the road in front of me. Guess he wanted to do a brake test as well.
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Roadside Check
I took an exit ramp in Ohio, turned onto the two-lane and went under the viaduct. Just beyond the viaduct, a trooper had a saw-horse with a sign: "Truck Inspection". Generally, I stayed one entry behind in my logs, and always used a ruler to be neat. He asked for my log book. As I reached for my log, I scribbled a line in it. He asked, "Did you just make that last entry?" I said, "Yes, Sir." He said, "Don't let me ever catch you doing that again!" And I was on my way.
On another day, I pulled my steer axle onto the small scale, U.S. 41, Gurnee, IL. Obviously, I was driving for a private carrier going to Milwaukee for another load of beer. A state trooper hustled out of the coop and stepped onto my running board asking for my log book. He thought he caught one this time. He seemed disappointed after a glance at my neat, up-to-date log. Then there was the day in Ontario when they took my log book into a back room. Several times they asked me when was my last time in Ontario, etc. They were trying to prove that my employer was not paying sufficient fuel tax. I told them that we make about one trip per month, and their LaBatts is simply not that popular in the states. |
When you say "pulled over" I will assume that you mean a traffic stop. Police cannot just make arbitrary and random traffic stops. They have to have probable cause to pull you over off a highway. However, if you are in a Commercial Motor Vehicle an officer can ask you for the standard fare:
1. Log Book 2. Registration 3. Proof of Insurance (in states) 4. Bill of Lading 4. Your commercial drivers .... 5. Your Physical. 6. Any state specfic permits / authorizations. Now, State DOT officers set up impromptu inspections. This is what you are seeing in the thread. Especially during a Nationally advertised safety week. My experience with these have been in the rest stops in Arizona and California on some degree of occasion. (See previous postings about using Rest Stops as Inspection Stations) Nevada has inspection stations and occasionally opens for business. Every single truck is inspected for the above, and then randomly certain trucks are Level I or Level II inspected. Also .. drivers without the proper paperwork in order . like log books are also further inspected. Wyoming has Port of Entries and toward October and November the State Troopers have to get their yearly quota of inspections. They like to do Level III inspections. That is Log Book, Bill of Lading, Registration, Trailer Registration , IFTA, License, physical. Jus tbecause they ask you to come in with your paperwork does nto mean you are getting a ticket. In fact, you might be getting a Level III inspection. In states like Oregon and NY this includes Fuel permits. The above discusses a random inspection out of the blue ...Certain companies get pulled into the inspection station because of safety concerns. So, if you work for those comapnies .. have your log books up to date. |
Got pulled over on I-20 east near Weatherford, Tx. Trooper said my mudflaps were less than 8" off the ground. He asked for my logbook which was always current. No problems with the logbook and he never mentioned the mudflaps, guess because he knew it was an excuse to pull me over. After he left I pulled out a ruler and measeured my mudflaps, sure enought they were within specs, oh well.
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This is exactly what they are doing here.............stopping trucks along the side of the interstate just to look at the log books, when driver asks why they were stopped the officer just says, "I need to see your log book." After officer has collected paperwork from the driver then a truck inspection proceeds.........just was wondering how frequently this occurs if it's a common thing we've just not ran into before or something for 'DOT week' Alot of the drivers make it through there just fine the ones that don't the officer escorts to the nearest service station lot (not a big truckstop just a lil lot with a service station) until they are able to go again (one put out of service for 10 hours for not having a signature on day before's log was filled out all but the signature, no other violations or warnings, not here to dispute that matter know the signature should have been there and not to contest it, that signature being absent on that page for day before is wrote up as 'driver failing to keep past 7 days current'......I know that was drivers responsibility to put it on there and not going to dispute it but just wondered how frequent these stops are made just to check out the book.......... |
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What I mean by a traffic stop is you are on the open highway obeying the law when a state trooper for no reason decides to randomly pull you over and make a traffic stop. This is illegal. Now you can have lots of things wrong with your truck, and there are lots of reasons an officer can come up with to make a traffic stop. Like mud flaps and then he can now engage in whatever activities he is authorized to do like drivers license, Log books ... etc. |
Happens quite often-sometimes they'll set up a area where they'll stop every other truck.
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Being "pulled over" happens all the time near Reno NV. Just to check log books.
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I've been randomly pulled over for an inspection as well. I was stopped by a West Virginia DOT officer on US 50. When he got to my window, he said "You wasn't doing anything illegal. I am randomly pulling you over for an inspection." So, yes, it happens, and no it's not illegal for them to do so.
Keep in mind, we don't have a normal drivers license. We have a federal license with a completely different set of rules. Now, I don't think that a local cop could do that, but a DOT officer (or a state police officer with DOT authority, such as Ohio) can. |
I was traveling NB on I-5 just North of Salem, OR. in the middle lane with the cruise set at the truck speed limit, 55. There was a state trooper in the comedian radaring traffic and a car passed my on my left doing at least 65, the speed limit for cars is 60 there. I saw the trooper whip out of the median and I thought he was going to get the four wheeler. 8)
NO, he got right behind me and pulled me over. He asked for my license, medical card and log book. As I handed everything over to him, I asked him what his probable cause was to pull me over as I knew I wasn't speeding. He said he didn't need any probable cause to pull over a CMV and proceeded to perform a level 1 inspection. I would have gotten a sticker but I already had a fresh one. I was placarded and that is probably why he picked me out to pull over but that was a first for me. I've also been waved off the road into an inspection area for what looked like some sort of DOT checkpoint. WRONG!!! It was the IRS and they took a sample of the diesel in my fuel to check to see if it was dyed or not to ensure that it wasn't off road diesel being used tax free as road diesel. I passed that one with flying colors too. :lol: :shock: |
OK I am not a lawyer and I have never played one on TV .,. :lol: But I am citing this Wisconsin case in 1996; Basically a "random stop" like Scoe describes, and inspection of a CMV, in particular in this case the sleeper compartment, without probable cause. The evidence found in the search was ruled inadmissible. Now this case would have turned out quite differently if the officer had a reason to stop.
Clearly this case does not rule out searhcing the rest of the truck as part of an inspection. There are quotes out there by teh Feds where as only a qualified and trained officer or DOT officer can inspect a CMV. I would assume many State Troopers fill the bill. OK I will restate my " case".... So there is nothing to prevent the officer from stopping you without reason and conducting inspections / searches; however, the trooper leaves it wide open in court without probable cause. I would get a good lawyer and fight any violations found during such a random stop. Now .. a DOT inspection point, a checkpoint, scales. etc. are a different story. There are supporting cases there where evidence found is a part of "due course." If somebody has access to Lexus/Nexus (I do not) and know of a case where this law is settled law .. it would be interesting. Quote:
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Many states set up CMV check points at Rest Areas. Have had that numerous times in California, Idaho, Montana, and Wyoming.
3 weeks ago went to Hammond Louisiana to do a drop & swap with a Team truck out of New York. Hit the Beaux Bridge scales on eastbound 10, and got the pull in signal on pre-pass. As I rolled onto the scales a guy stepped out from edge of the building, asked to see my Logbook, handed it right back to me and told me to roll on down the road. On the way back to the terminal, had the same treatment at the westbound Vinton scales. |
Nice picture Scoe! :shock: :lol: :lol: :lol:
I love those commercials! |
Happened to me once on a state highway in Michigan. I was heading east back to the big road and a diesel bear passed me going west. He did a flip right in the middle of the highway and pulled me over to check all my documentation and he did a quick walk around to check lights and free play on the steers. No problems, I was on my way again in 10 minutes.
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Alot of the drivers make it through there just fine the ones that don't the officer escorts to the nearest service station lot (not a big truckstop just a lil lot with a service station) until they are able to go again (one put out of service for 10 hours for not having a signature on day before's log was filled out all but the signature, no other violations or warnings, not here to dispute that matter know the signature should have been there and not to contest it, that signature being absent on that page for day before is wrote up as 'driver failing to keep past 7 days current'......I know that was drivers responsibility to put it on there and not going to dispute it but just wondered how frequent these stops are made just to check out the book..........[/quote] Did I understand this correctly meaning log has to be signed before the end of the day or at the beginning of the day? I never sign mine until have finished log for the day, I have been randomly stopped in Mississppi heading into Jackson said they were doing random checks on logs and paperwork. Also have had logs looked at at weigh stations and no one has said a word about signature not being on it. My company pays for each passed inspection, so bring on the cash. |
the log for the day before the stop was filled out missing the signature therefore not completed
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yes this happens everyday across the usa, its called revenue, don,t you know truck drivers make alot of money and can pay them big fines...
its not a safety check like they say, is to make money is all... just keep your logs current and save yer money... |
Lilbit
"what they are doing here" Where's here? BOL
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Yeah, Scoe, they crack me up.
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Re: Lilbit
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This particular incident happened in AL, I-65 S...around mm 179 |
Michigan State Police pulls over a lot of truckers entering the US byway of the Ambassador Bridge from Canada into Detroit, MI. Fort Street is the hot zone, you will get pulled over!
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If your driving a commercial vehicle on any road, and pulling a trailer an officer does not have to have probable cause. His probable cause is hes doing a safety inspection to make sure that the vehicle is safe operate. His probable cause is he wants to know what your hauling. I've been pulled over for no good reason in Mississippi, Texas, Nebraska, and some other states. They have a quota as to how many roadside inspections they have to perform every month. If you have a CDL and are operating a CMV, that is their probable cause. The case you stated is different than what he's talking about.
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Search of a CMV
A search of a Commercial Motor Vehicle along with a random stop has been justified by the courts under the "heavily regulated industry." Here is the latest case:
U.S. v. Delgado Slip Copy, 2007 WL 173890 S.D.Cal.,2007. Missouri Revised Statute section 304.230.4(2) authorizes Missouri commercial vehicle enforcement officers to “require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations....” The Supreme Court of Missouri has interpreted a similar subsection of this statute, section 304.230.2,FN2 to allow Missouri highway patrolmen to stop any vehicle covered by the statute, even in the absence of any probable cause or reasonable suspicion of a violation. See State v. Villa-Perez, 835 S.W.2d 897, 899, 902 (Mo.1992). When similar terms are used within the same statute, they should receive the same meaning. See Firestone v. Howerton, 671 F.2d 317, 320 & n. 6 (9th Cir.1982). Therefore, section 304.230.4 similarly authorizes administrative stops of commercial vehicles in the absence of any probable cause or reasonable suspicion of a violation. The circuits that have addressed the issue have indicated that commercial trucking is a closely regulated industry for purposes of allowing federal and state legislatures to enact statutes allowing administrative searches of commercial trucks. See United States v.. Mendoza-Gonzalez, 363 F.3d 788, 794 (8th Cir.2004); United States v. Vasquez-Castillo, 258 F.3d 1207, 1210 (10th Cir.2001); United States v. Fort, 248 F.3d 475, 480-82 (5th Cir.2001); United States v. Dominguez-Prieto, 923 F.2d 464, 468-70 (6th Cir .1991). TruckinRanger has it exactly right. |
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