Knowledge, Knowledge, Knowledge

[Sapper]

Right here.....

Good, now did you read the quote???? There are two very different answers there, to two very different scenarios. In one answer, the CMV is being used as a "personal conveyance", and in the other, I didn't mention "personal conveyance", did I? No. and why? Because in the first scenario, the company has released them, there is no load involved. In the other scenario, there is a load. In the latter situation, the reg's allow "for a short" distance. I've looked for the definition of "short distance", can't find it. But I did mention how 50 miles to me is short, but not to another officer. Now, I might give him a "what for", so that in the future, another DOT Officer decides that the store in question, IS NOT a shorter distance, because there was a "closer" store, and cites him.

I mean, seriously, I'm on here, for the driver's. I could be wrong, but I'm guessing you have Libertarian views. Good! Me too. I hate cops who abuse their authority. All my kids know, they get pulled driving down the road, they say "Jack (*&^!". But if they are driving a CMV, there are some questions they need to answer. Can a LEO just go into your car, and start looking around? No! Can I go into the cab of your CMV(sleeperberth being the exception) and start looking around? All day long, and twice on Sunday, and have you open up the trailer too. And all that without a warrant!

 

[Sapper]

I'd also like to know if he's P.O.S.T certified?

yes, I am.

 

[mndriver]

Sorry, but just because we have a cdl does NOT mean we surrender our civil rights.

You may have the right to inspect the sleeper for safety equipment as defined by FMCSR, it does not give you the right to runnqge through our personal belongings.

As to breaking any seal on the load. Have at it. You just have to provide your information so I can show it to the receiver. Never had an issue with that part.

 

[Duck]

Sorry, but just because we have a cdl does NOT mean we surrender our civil rights.

You may have the right to inspect the sleeper for safety equipment as defined by FMCSR, it does not give you the right to runnqge through our personal belongings.

What cops are legally allowed to do, and what they actually do are rarely the same thing any more.

 

[Sapper]

Driver A is northbound on interstate. Vehicle in front of him blows a tire and lays chunks of rubber all over the road.

Driver A does his best to avoid the debris yet still hits a portion of it resulting in a broken Spring Air line to the trailer brakes on one corner.

Driver A is forced to the side of the road as his trailer brakes are now activated from the loss of air pressure.

Is the driver able to effect emergency repairs to allow him to get to the next service location to repair the truck?

Define "emergency repairs", and is he qualified to do so?

 

[mndriver]

What cops are legally allowed to do, and what they actually do are rarely the same thing any more.

Starting to see my dislike?

Some are saying its me getting an attitude against cops. Me, I see people being complacent because they see a badge and surrender to it.

Law enforcement only has their authority because society grants it to them. Ultimately, they are answerable to each and everyone of us. Too many cops abuse that fact.

 

[Duck]

Define "emergency repairs", and is he qualified to do so?

Caging a brake chamber.
Define "qualified".
Does he know how? Yes. Does he have some kind of "certificate" that says so? No.

 

[Mike]

Caging a brake chamber.
Define "qualified".
Does he know how? Yes. Does he have some kind of "certificate" that says so? No.

I'll go out on a limb and say you would get a ticket for that, and shut down immediately.

 

[Mike]

Starting to see my dislike?

Some are saying its me getting an attitude against cops. Me, I see people being complacent because they see a badge and surrender to it.

Law enforcement only has their authority because society grants it to them. Ultimately, they are answerable to each and everyone of us. Too many cops abuse that fact.

There is also a thing called tact, and you are totally lacking it in this thread. Debate is great, that is what we have a forum for. When debating turns into chest pounding, it's not productive for anyone. Now, lets make an effort at some civilized discussion, rather than what we have had in this thread since it got started, please.

 

[Duck]

I'll go out on a limb and say you would get a ticket for that, and shut down immediately.

That's because common sense went the way of the dodo when some bureaucrat somewhere realized they could use law enforcement as a supplemental source of tax revenue.

 

[Sapper]

Sorry, but just because we have a cdl does NOT mean we surrender our civil rights.

You may have the right to inspect the sleeper for safety equipment as defined by FMCSR, it does not give you the right to runnqge through our personal belongings.

As to breaking any seal on the load. Have at it. You just have to provide your information so I can show it to the receiver. Never had an issue with that part.

Again, putting words in my mouth(rummage?), trying real hard to belittle me. I don't require you to surrender your civil rights, I'll ASK you to do it. But if you get stopped, and the officer asks you where you are going, and you tell him, "none of your business", or say nothing at all, how much further do you think the wheels will roll? But if your reply is, "Officer, my company has released me from work, and I'm heading to such and such, with their permission", or, "I dropped my trailer at the TS, and I'm heading to such and such store", or something along those lines, what do you think might happen? Be honest with all here, your gonna answer the questions to satisfy, whether you think it's none of our business or not.

No, I need RAS that the equipment in the SB is not correct, proper, or to standard, before stepping foot in there. So always close the curtains would be my advice, so I don't see something, giving me RAS. And if your personal belongings are in the cab, then yes I can, as the cab, and all of it's contents are subject to inspection, as that is your "work space", not your "home". Would I? 99.9% of the time, probably not. Almost 10 years, did it 1 time.

 

[Mike]

Can I go into the cab of your CMV(sleeperberth being the exception) and start looking around? All day long, and twice on Sunday, and have you open up the trailer too. And all that without a warrant!

I am not going to say you do or don't have the legal authority to enter the cab of a truck to look around, but my gut feeling says you can't, and this is something I actually pushed the issue on a couple years ago in Tennessee.

I had a trooper jump out of the median and pull me into a parking area to do an inspection. I have no problem with this, because it was just my time I guess. What I did have a problem with was the officer climbing up on the side of the truck, sticking his head inside and asking if I had any drugs in the cab. I immediately requested that the officer remove his head from the inside of my truck, and never answered his question. He said he needed to look inside, I immediately objected. He looked at me for a minute, but never pushed the issue. I, of course, did not have drugs in the truck, but the person who had the truck before me had gotten busted in that truck with drugs while being inspected at a nuclear plant. I don't think anything else was stashed in the truck anywhere, but the last thing I was going to do was give the officer free reign into my truck. I made up my mind right then, that the parking area was going to be filled with blue lights and a warrant before that happened, or he was going to have to do it by force.

If he did have the right, he obviously wasn't 100% sure because he backed down from the search.

I guess this is one area where I would like to know how our rights would be considered to be waived simply because we are driving a commercial vehicle.

 

[Duck]

I had a Michigan bear tell me a knife with a blade longer than 3" or something was an illegal weapon. Mine was 3" so it was legal.

I still laughed in his face though & said that was the most ridiculous thing I ever heard.

He didn't like that.

 

[Mike]

I had a Michigan bear tell me a knife with a blade longer than 3" or something was an illegal weapon. Mine was 3" so it was legal.

I still laughed in his face though & said that was the most ridiculous thing I ever heard.

He didn't like that.

We deal with many assumptions out here, both from the trucker side, and in many cases, the LEO side.

A wise man once told me,
"assumptions are the mother of all F-ups"

I really like the idea of having some good discussions regarding the rules we deal with out here, as well as a place for members who happen to get worked over by an officer, the chance to discuss the situation with someone who carries actual knowledge from the LEO side.

A debate on the side of the road will often get you nowhere but in more trouble than you bargained for. Having your "ducks" in a row for a court case can be extremely valuable.

 

[Sapper]

I guess this is one area where I would like to know how our rights would be considered to be waived simply because we are driving a commercial vehicle.

Now that is a good, sensible, and well articulated question, yet very broad. But I'll try to answer, without being technical. You and your employer waived them, or, parts of them if you will. You're an "Industry", that agreed to follow all the rules and regulations set forth by the FMCSR's, the laws of individual states, and local municipalities. A local PD needs a reason to pull you over when you are in your minivan with the family, right? But you driving down the road, in that semi, IS my reason. I don't need PC, nor am I required to obtain PC, to inspect you. Can the FDA go through a local butcher shop without probable cause? Can the fire department show up, and do a surprise inspection to a restaurant? Hope that helped.

 

[Mike]

But where does that transition into your right to search my cab without consent?

 

[Sapper]

But where does that transition into your right to search my cab without consent?

How many safety items are there in your "office"? Protection Valves, ABS function lights, low air warnings, air pressure loss test ( when we hear air escaping from a "can", or connection)so forth, so on. If an officer does a correct, and thorough level II, or level I inspection, he's in there. So again, consent is already given, when the driver started the engine.

 

[mndriver]

Define "emergency repairs", and is he qualified to do so?

Caging a brake chamber.
Define "qualified".
Does he know how? Yes. Does he have some kind of "certificate" that says so? No.

I think I'll just leave this as it is.....

Duck started to hit on it, Mike is starting to question it.

And as Mike said, I am not using tact to broach the subject. I am hitting it head on and in the wide open.

"emergency repairs" would be anything that allows him to safely get the vehicle OFF the side of the road and to a place that it is safe to effect repairs. (FMCSR 396.7 exemption)

I'm going to bed now. It's been a long day.


And our movie is now over.

 

[mndriver]

Define "emergency repairs", and is he qualified to do so?

However, motor carriers and intermodal equipment providers do not have to maintain evidence of qualifications to inspect air brake systems for such inspections performed by persons who have passed the air brake knowledge and skills test for a Commercial Driver's License.

Regulations Section | Federal Motor Carrier Safety Administration
(b) Air brakes. All CMV drivers operating vehicles equipped with air brakes must have knowledge of the following 7 areas:

(1) General air brake system nomenclature;

(2) The dangers of contaminated air supply (dirt, moisture, and oil);

(3) Implications of severed or disconnected air lines between the power unit and the trailer(s);

(4) Implications of low air pressure readings;

(5) Procedures to conduct safe and accurate pre-trip inspections, including knowledge about:

(i) Automatic fail-safe devices;

(ii) System monitoring devices; and

(iii) Low pressure warning alarms.

(6) Procedures for conducting en route and post-trip inspections of air-actuated brake systems, including:

(i) Ability to detect defects that may cause the system to fail;

(ii) Tests that indicate the amount of air loss from the braking system within a specified period, with and without the engine running; and

(iii) Tests that indicate the pressure levels at which the low air pressure warning devices and the tractor protection valve should activate.

(7) General operating practices and procedures, including:

(i) Proper braking techniques;

(ii) Antilock brakes;

(iii) Emergency stops; and

(iv) Parking brake.

From the "Guidance"

Question 1: Does a CDL with an airbrake endorsement qualify a person as a brake inspector under §396.25?

Guidance: No.

Question 2: May a driver who does not have the necessary experience perform the adjustment under directions issued by telephone by a qualified inspector?

Guidance: Yes. A driver is permitted to perform brake adjustments at a roadside inspection providing they are done under the supervision of a qualified brake adjuster and the carrier is willing to assume responsibility for the proper adjustment.

Question 3: May a driver or other motor carrier employee be qualified as a brake inspector under§396.25 by way of experience or training to perform brake adjustments without being qualified to perform other brake-related tasks such as the repair or replacement of brake components?

Guidance: Yes. A driver may be qualified by the motor carrier to perform a limited number of tasks in connection with the brake system, e.g., inspect and/or adjust the vehicle’s brakes, but not repair them.

Question 4: Would a mechanic who is employed by a leasing company and only works on Commercial Motor Vehicle (CMV)s that the leasing company leases to other motor carriers be required to meet the brake inspector certification requirements?

Can Driver A:
Cage the directly effect brake chamber and crimp the line to prevent air loss as directed and informed or authorized by the motor carrier so that they can get the truck into a safe place off the highway to replace the broken hose? Leaving 3 functioning brakes on the trailer or drives out of the 4.

 

[Sapper]

Caging a brake chamber.
Define "qualified".
Does he know how? Yes. Does he have some kind of "certificate" that says so? No.

Caging? Just so others understand, caging is removing the "T" screw from the outside portion of the brake chamber, inserting the "T" into the hole in the center, and then tightening the nut, to release the brake, correct? If so, then from where I sit, I don't view this as a repair, because the driver isn't fixing anything. He's just releasing the brake, so the vehicle can be moved to a safe location. As long as he doesn't continue down the road to deliver the load, shouldn't be a problem. But if he were to do a repair, to where the brake functioned properly again, without the proper training as a mechanic, then yes, he could be in trouble. Especially down the road, if he were to get in an accident, and that brake wasn't repaired properly.