Boatnik

I just started a new part time job two months ago. I am driving a Kenworth T800 four axle dump for a small excavation company. First week on the job and I get pulled at a DOT check point. I passed without incident and didn't think much of it because in VA it is normal to get pulled on average once every other month. This brings up a legal question. Without probable cause, how can they justify pulling trucks off the road for these spot checks?

Jaxom

Truly the attitude seems to be..."You're in a truck, that is probable cause".
I totally agree with you. Seems like unreasonable search and seizure to me. I don't know why weigh stations are legal AT ALL.
Some states have check lanes set up for DUI. Michigan used to do that, but quit it years ago.
I've been driving semi's since 1974. I've seen quite a bit.

RickG

So you think it's unreasonable . Do you think it would be more reasonable to have unsafe trucks running out there because their owners knew they wouldn't be stopped for unreasonable checks ?

PaulDaisy

Let's extend this to uninvited home appliance checks, what if someone's water heater is unsafe and can explode and set the neighborhood on fire?
This thread will get locked soon, looks political to me

Jaxom

Let's invite Big Brother in to make sure we are practicing "Safe Sex"!!!

Justwannabeme

naw, no worries- it is called presumptive Law- officers can state 'you look over weight, you have mud and stone on the tailgate possible hazard, tire checks' it really is about safety. my advice is you should have no worries unless you KNOW there's a problem. pro drivers don't worry.

now adays , it is time behind the wheel. litigation makes legal changes in traffic Law. check your trucks, keep you logs up to date, stay hydrated and make the stop (keep your cab clean too!). frustrating as it is, be polite.
report the smart *heads* later, in writing. rare is the cop who is looking to break the rules just so he/she can act important. 99% great allies out there.

just my 2 cents from my seat.

rich

they can do it because its a commercial vehicle and falls under commerce laws where as a private vehicle doesnt. Put up with it all the time

RPegram

Back a few years ago a log truck hit a school bus here in NC and killed several children. The investigation that followed showed his brakes were not properly adjusted. Had his brakes been properly adjusted he could have stopped and saved lives. Because of this I support the stopping of any and all trucks for routine inspections. Here in rural NC our nearest weigh station is nearly 200 miles away so therefore Motor Carrier officers do random stops and checkpoints. The truck does not have to look illegal or out of place. The trucks are stopped for routine inspections. If you are legal and everything up to par, and aren't overloaded, then the stop doesn't last long. I have personally been stopped and wasn't on the side of the road for more than five minutes. If all trucks were properly maintained and not overloaded, then the Motor Carrier unit would not need to exist, but we know that is not the case since so many citations are written.

Totallyrad

Commercial vehicles can be stopped for any reason at any time, or no reason at all other than to check your license, insurance, log book or fuel, it's that simple.

Boatnik

This thread didn't start out as a complaint. I am an advocate for safety on the highway. It is a question of legality. If a commercial vehicle can be stopped without probable cause, then it would seem to me that a non commercial vehicle could be stopped for a random safety check as well.

johnh

yea, make sure your seat belt is fastened!!!

rich

no because it is private property and therefore not used as a commercial enterprise. thats why their are 2 kinds of troopers. highway and dot

Totallyrad

Boatnik, they can at any time stop a commercial vehicle. The laws concerning commercial carriers are totally different from those that apply to your personal vehicle or one that does not fall under the jurisdiction of the DOT. If you want some interesting reading, look up CFR 49 and get ready for a long night.

Here's a helpful link to find you state DOT web site.
http://www.fhwa.dot.gov/webstate.htm

wannadiesel

You think you get DOT'ed a lot in a dump truck? Try driving a truck with hazmat placards on it. It's like having a 10 foot tall illuminated sign flashing "Inspect this truck!"

rich

maybe up their but here the top three they love to stop are dump trucks,hot shots and cattle wagons. very rarely see any hazmat's stopped. milk trucks maybe cuz of weight or oilfield tanks due to the fact they get paid be tonnage most of the time