Texas CDL Laws and Regulation Questions..

[RVTRKN]

Ok, now I see why, your DOT numbers will change the game. My C&C would not be suspected, even though I'm required to have a weight sticker on the truck declaring my GCVW/GVW limit, there's no other numbers or any advertisement. I don't have the sticker on my truck in defiance on the BS law here in California. In no way is the truck used for commercial use, and if it was a 3500 DRW regular pickup, IT WOULD NOT BE REQUIRED. The pickups here in California are registered as commercial vehicles but are not necessarily used in commerce. So if you compare my C&C to a reg 3500, used only for private use, why am I subject to a higher registration costs and stricter rules and taxes. I was not aware of this in 06 when I ordered my 07 C&C and I would have bought a 07 3500 5.9 DRW pickup if I had known that fact, before the DPF burdened 6.7's were introduced, even the insurance is effected by the difference.

 

[BIGNASTY]

It sums it up with this line of text in regards to drug testing. However, a medical card is still required to keep a CDL.

Had read about you guys and the Golden Flow tests to keep a CDL, I went to the DOT down at the big intersection and asked them about it. I don't drive for $ any longer no random Golden Flow is required but still need the med check. So the above quote is right at least in our neck of the woods. I don't care HOW FEDERAL things get it seems as if every state has their own reading of the Federal law.

 

[jhenderson]

Every state and every cop in that state. Seems as though every CEO looks for their own favorite infraction. We had one a while back that was writing $85 tickets for an empty windshield washer reservoir. I know it's supposed to be full but gee wiz,$85 for a first offense?

 

[Wingate]

We had one here in the town I live in issuing tickets for no inspection sticker on ANY trailer with more than one axle! Boat trailers, 5k rated flatbeds with farm plates, etc. He was also the safety chain police, would pull up beside you and check to see if you had the chains crossed. Guy was burning thru ticket books but local judge was dismissing them.

 

[Killgore]

Jhenderson, he was opening his department up to litigation. Take it from a former cop, you don't have to show them anything that they can't see by casual observation. If they ask to look in your trunk, under the hood, in the console, etc. you are NOT required to grant them permission. They are required to have "probable cause", to wit: Carroll versus the United State, 1925, before they can search your vehicle without your consent.

- Ed

 

[Wingate]

Jhenderson, he was opening his department up to litigation. Take it from a former cop, you don't have to show them anything that they can't see by casual observation. If they ask to look in your trunk, under the hood, in the console, etc. you are NOT required to grant them permission. They are required to have "probable cause", to wit: Carroll versus the United State, 1925, before they can search your vehicle without your consent.

- Ed

While Im not 100% positive on this I have always been lead to believe that if you are Commercial?CDL/DOT registered, they do NOT have to have probable cause. For a private individual they do, but not for commercial.

 

[BIGNASTY]

While Im not 100% positive on this I have always been lead to believe that if you are Commercial?CDL/DOT registered, they do NOT have to have probable cause. For a private individual they do, but not for commercial.

I don't know if they can or cant, Tell them that they CANT!! And see how long you will wait (until you run out of hours) or How long a fix-it ticket with HOW MANY RED LINE VIOLATIONS it will have.

I've always found that when playing BALL IN THEIR COURT they get to do ALL THE SERVING!!

 

[mfurrh55]

I was pulled in over in Tenn. one year, DOT insp. walked around my rig and said 200.00 for brakes out of adjustment, I proceeded to tell him he was full of it, He never got under my rig and checked them, He then proceeded to tell me that if he did have to crawl under it, He would most definately find alot more wrong than brakes out of adjustment, I paid the 200.00 and got out of Tenn., Monte

 

[RVTRKN]

Thats called extortion!

 

[BIGNASTY]

Call it what you want!!! Just pay it consider yourself lucky and get the hell out of Dodge. Could have been much worse, like Cordelia or Conejo Scales

I fell in love with Driving Company Trucks, just say OK, and hand them the Owner's Responsibility Get out of Jail Free card :-laf

 

[RVTRKN]

I guess I would ended up with a lot of fines, but the officer would have remembered me, becuse he would have had to prove that in a court of law.

 

[BIGNASTY]

As an Owner/Op that would just add to the cost of the fine that YOU WERE GOING TO PAY Plus the time off the road while in court fighting a NO WIN case.

 

[BIGNASTY]

Best thing that I found when I ran 11 Western Many years ago was to FIGURE OUT HOW TO GET AROUND THE SCALES!! I ran so heavy anyway if I got caught with the weight I carried, jail time was in my future.

 

[RVTRKN]

I don't plan on using my class A lic. again, but you never know, but as the States try to squeeze fines out of easy targets, I would have a recording device when going through the inspections.

The military tried that crap with me, "just play along or we'll realy stick it to you" and the CO was before the Base Commander getting his *** chewed out. I was left alone from that point on.

 

[Killgore]

Wingate, you are correct. Running commercial is entirely different from being a private citizen in your personnal vehicle. That being said, when I ran drug interdiction, somewhere between 20-25 minutes was considered the maximum that we could hold a vehicle if we weren't given permission to search it and didn't have probable cause. This time limitation theoretically gave us enough time to get our canine unit on the scene and do a walk-around with ole 'sniffer'. If he alerted, well that now became probable cause and the fun started.

- Ed

 

[jgillott]

Wingate, you are correct. Running commercial is entirely different from being a private citizen in your personnal vehicle. That being said, when I ran drug interdiction, somewhere between 20-25 minutes was considered the maximum that we could hold a vehicle if we weren't given permission to search it and didn't have probable cause. This time limitation theoretically gave us enough time to get our canine unit on the scene and do a walk-around with ole 'sniffer'. If he alerted, well that now became probable cause and the fun started.

- Ed

I can't speak for other areas of the country, but here in PA there appears to be a very grey area developing on what is considered to be commercial. There are literally hundreds if not thousands of trucks on the road around here working the shale operations. Some with DOT #'s, some without. Some owned by companies wearing lettering, some not. Some owned by individuals with blank doors, and some lettered with company names. Some being operated by drivers with CDLs, some not.

Being in the Fire/EMS business for many years, I have quite a few friends who are either state or local officers. In talking with some of these guys, they are getting very frustrated at the enforcement level trying to deal with all of this activity and getting a lot of pressure from above to make sure that everyone is in compliance.

 

[RVTRKN]

Being in the Fire/EMS business for many years, I have quite a few friends who are either state or local officers. In talking with some of these guys, they are getting very frustrated at the enforcement level trying to deal with all of this activity and getting a lot of pressure from above to make sure that everyone is in compliance.

That makes sense, when you break the law intentionally there should be responsibility and justice. Harassing drivers on the road with shady violations, like your brakes are out of adjustment that's $200.00, and all he did was try to squeak a profit out the honest way, I have a problem with that and would force the issue.

 

[Killgore]

RVTRKN, X2 on that. When I use to sit up high behind the wheel I made every attempt to avoid the scales and potential inspections. Mainly because I was always in violation to some kind of foolishness.

 

[mfurrh55]

Well i called the company i was driving for and they said pay it and get out of Tenn., also when i went in to pay, by the way, i had to drop my trailer and bobtail to a truck stop 20 miles away and cash a comchek for the money, The other officer in the weigh station told the one that charged me, I see you're getting christmas early this year, What could you say, they had the upper hand, not only that , there was a truck that came through that looked like a rolling wreck and they just waved him through, he had Tenn. tags

 

[Killgore]

Monte, that was probably me in the rolling wreck. They didn't offer to stop me because they knew I had no money!

- Ed