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-   -   When can they mess with you? (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/33939-when-can-they-mess-you.html)

HWD 05-18-2008 02:12 PM

When can they mess with you?
 
When I drove for a living I drove a day cab locally restocking C-stores, so I wouldn't know, but I'll ask:

Can the DOT inspect you at any time? If they see the truck are you fair game? Say you are off duty in the sleeper sawin' logs and it's 3AM can the cops bang on the door, wake you up and inspect/quiz you? I know they can stop you at anytime while you're moving, for any reason or no reason at all, but can they harang you when you're stopped, off duty asleep at odd hours?

Here's another question: can they inspect you when you're parked on private property or do they have to wait until you hit a public highway/public rest area?

JeffTheTerrible 05-18-2008 02:16 PM

That's been my experience with them. They'll usually say, "you look a bit heavy", perhaps to give themselves some justification, but here, they're on the local drivers much more than the OTR drivers, I think. DMV Enforcement officers routinely sit outside rock quarries, and select dump trucks or end dumps to inspect at random. There've even been times when they've actually gone into the quarries and put trucks out of service right then and there. I would imagine they'd need the consent of the quarry owner to do that though.

Cat6869 05-18-2008 02:41 PM

There is no rules to when DOT can pull you over! They are no local officers. Most do not pull you over or bother you unless there is reason to be given though.
What are you going to do argue with them. Just show them what they need to see and move on. If they write you up for something that you could find on your pre-trip inspection or have done prior to leaving after your 10 hour break then I would go to court. Only if your log book was current and you wasn't doing anything illegal per that state law!

They shouldn't however bother you while you are sleeping if you are parked in a place that ISN'T against the state or federal law.

Skywalker 05-19-2008 01:41 PM

The DOT can stop you most any time they choose. There are "local officers". Lexington, KY's City Police got a grant from the FHWA and got many of their officers CVSA Certified. I know this personally as I was inspected by them at Level One about two years ago, I passed the inspection, and frankly it was done very professionally. There are a number of local law enforcement agencies that have followed this route. There will probably be more that will be doing inspections in the future.

In the 15 years I have been doing this.... I have never been bothered by the DOT when I have been off duty or in the sleeper berth.

Rat 05-19-2008 02:48 PM

Last time I checked, they can't bother you in your berth or when off duty. For one they would put you into a position were you would be in violation of an HOS rule.

Meaning you would have to go back on duty during your berth or off duty time to deal with them which would mean going back on duty before you had your 10 hour break.

They would be causing you to break the law.

If they come knocking on your door when you are on your 10 then just ignore them unless you are on fire or something or possibly in an illegal area to stop.

Mackman 05-28-2008 03:00 PM


Originally Posted by JeffTheTerrible
I would imagine they'd need the consent of the quarry owner to do that though.

They do.

They wanted to do that at the quarry i haul out of. The quarry wouldnt let them. So they went 1/2mile down the street and set-up in this bars parking-lot and pulled you over in there. The ass kicker of the whole thing is you had to go pass the bar. No other way out.

chubyboy 07-25-2008 10:15 PM


Originally Posted by Mackman

Originally Posted by JeffTheTerrible
I would imagine they'd need the consent of the quarry owner to do that though.

They do.

They wanted to do that at the quarry i haul out of. The quarry wouldnt let them. So they went 1/2mile down the street and set-up in this bars parking-lot and pulled you over in there. The ass kicker of the whole thing is you had to go pass the bar. No other way out.

Yeah, no raod laws apply if you are on private property, if u are on the private property without permission, they still do not apply, however trespassing laws would. For all the DOT is concerned, You could legally come within an ich of the road with a 5 axle 500,000 pound truck(it that were possible) and they couldnt do jack shit to you...but they will watch for you to cross that one inch then nab you. Ah yes, the days of driving without a license...my friend and i went romping around his property in hiss dads pickup, and had that been a roadway and we had been caught we would have been ass raped by a donkey, but hey back then that was our way of saying a big "fuck you" to "The Man" lol


sorry for the bad spelling and about getting a bit OT...ive been up for just under 24 hours at the time i posted...

Uturn2001 07-25-2008 10:43 PM


Originally Posted by Rat
Last time I checked, they can't bother you in your berth or when off duty. For one they would put you into a position were you would be in violation of an HOS rule.

Meaning you would have to go back on duty during your berth or off duty time to deal with them which would mean going back on duty before you had your 10 hour break.

They would be causing you to break the law.

If they come knocking on your door when you are on your 10 then just ignore them unless you are on fire or something or possibly in an illegal area to stop.

I think somebody needs to go back a read part 395 of the FMCSA again.

There is nothing in the regs that say how many hours or when you can or can not WORK. The Hours of Service on pertain to what is required for you to DRIVE. Getting an inspection is not driving. It is logged as ON DUTY NOT DRIVING.

There is only one way they can not bother you for an inspection and that is if you are on private property and they do not have permission to start an inspection from that property's owner or manager. They can complete a stop however on private property with or without the owner's permission.


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