DOT VS CONSTITUTION?

Aug 31, 2013 at 09:09 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. Has any of you had a go at the commerce clause of the constitution and the rights of a state trooper to pull your trucks over for a random inspection? I was stopped twice today in Texas. I recieved a list of violations one steering axle brake out of adjustment( never opened the hood or marked it to measure it ) A defective auto adjusting slack adjuster ( Same one ) For those who don't know I drive a 82 extended hood KW that doesn't have auto adjust slack adjusters. The reflective tape on my 09 Timpte across the back and on the ICC bumper just isn't enough he said I have to have it on my mud flaps too! I didn't sign a page in my log book and my air warning light wasn't working properly it was dim. I didn't have a rear license plate light or back up lights on my tractor. Now comes the questions. Does opersting a truck remove your 4th amendment rights? He demanded I open my door so he could see inside my truck. Do I still have my 5th amendment rights in having to assist him with his inspection? There is a place in the commerce clause that says no state shall impede a vessel involved in interstate commerce so now the search is on. I'm going to write Govenor a letter about it and probably piss off a cop and a Justice of the Peace. Any Advice? Should I fight or lay down and take it?

Replied on Sun, Sep 01, 2013 at 10:10 AM CST + 1
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. we all better start sticking together before all our rights are taken away .id say ? it .they work [dot] for us . dont let them forget it .just my thoughts.

Replied on Sun, Sep 01, 2013 at 10:10 AM CST + 1
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. we all better start sticking together before all our rights are taken away .id say ? it .they work [dot] for us . dont let them forget it .just my thoughts.

Replied on Sun, Sep 01, 2013 at 12:31 PM CST + 1
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. I'm not very good at sitting back and taking this type of thing. I would look to OOIDA for some support, but I have a consultant that I use for this stuff as far as a DATA Q challenge to get rid of the CSA points that I don't deserve. If I challenge the stuff on my own I get no where. My consultant is an ex DOT officer and he has done wonders. But to your rights, if we don't do something about this stuff it is going to continue to escalate, but I'm not sure what to do? I'm tired of being told to write a letter. It has gotten me no where. I don't know if we got together as a group and tried to get OOIDA to address these problems if it would help? One thing that I have learned is that you can not deny Home Land Security (Border Patrol) access to any part of the vehicle. You can keep DOT and law enforcement out of your sleeper if you have the curtain at least partially closed. The exception is if the can see into the sleeper and see something that they feel gives them probable otherwise tell them to get a warrant. Good luck what ever you decide to do.

Replied on Sun, Sep 01, 2013 at 12:31 PM CST

+ 1

Posted by a private BulkLoads.com member.

I'm not very good at sitting back and taking this type of thing. I would look to OOIDA for some support, but I have a consultant that I use for this stuff as far as a DATA Q challenge to get rid of the CSA points that I don't deserve. If I challenge the stuff on my own I get no where. My consultant is an ex DOT officer and he has done wonders. But to your rights, if we don't do something about this stuff it is going to continue to escalate, but I'm not sure what to do? I'm tired of being told to write a letter. It has gotten me no where. I don't know if we got together as a group and tried to get OOIDA to address these problems if it would help? One thing that I have learned is that you can not deny Home Land Security (Border Patrol) access to any part of the vehicle. You can keep DOT and law enforcement out of your sleeper if you have the curtain at least partially closed. The exception is if the can see into the sleeper and see something that they feel gives them probable otherwise tell them to get a warrant. Good luck what ever you decide to do.

Replied on Sun, Sep 01, 2013 at 01:11 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. Quote: "I'm not very good at sitting back and taking this type of thing. I would look to OOIDA for some support, but I have a consultant that I use for this stuff as far as a DATA Q challenge to get rid of the CSA points that I don't deserve. If I challenge the stuff on my own I get no where. My consultant is an ex DOT officer and he has done wonders. But to your rights, if we don't do something about this stuff it is going to continue to escalate, but I'm not sure what to do? I'm tired of being told to write a letter. It has gotten me no where. I don't know if we got together as a group and tried to get OOIDA to address these problems if it would help? One thing that I have learned is that you can not deny Home Land Security (Border Patrol) access to any part of the vehicle. You can keep DOT and law enforcement out of your sleeper if you have the curtain at least partially closed. The exception is if the can see into the sleeper and see something that they feel gives them probable otherwise tell them to get a warrant. Good luck what ever you decide to do." This is so true. Try writing a letter to your congressman or senator. My senator is Harry Reid.. He won't even answer. My other senator or congressman just blows so much smoke up your backside that If you passed gas in California, CARB would think your truck smoked to much. There is only one time that any politician could care about you.. Election Day. That's it. The only people that these idiots care about are those bearing gifts... Called lobbyists. Many years ago, I was told by a California Highway patrolman .. As we were in court, that I being a CDL holder has NO constitutional rights.. I was so speechless I couldn't say anything. The biggest thing that everybody knows is that we can't stick together to do anything, and most will cut each others throat over a load than anything..EVERYBODY knows this, and they use it to their full advantage. Including organizations like CRASH, PATT,and what ever else comes out of the woodwork.. Even people like that lady down in Florida , who doesn't pay.. She knows she will always find a somebody to haul that load for free... And this is one reason why we get all of these rules regulations and laws shoved down out throats. And why listen to us? The only organization that we have access to that sends those bearing gifts is OOIDA.you think the ATA cares about you? Only if you had a couple hundred trucks.. It's sad that we have to hire EX DOT to get things done. Isn't that like giving them a bribe to do something that you should be able to do on your own.. Or is that also set up in the laws so we have to hire retired senators or congressmen so they can lobby for you ,or retired DOT so they can fix things for you. Think today that DOT guy writes a bogus ticket.. Retires and tomarrow you get to hire the guy to fix his bogus ticket..

Replied on Sun, Sep 01, 2013 at 01:11 PM CST

Posted by a private BulkLoads.com member.

Quote: "I'm not very good at sitting back and taking this type of thing. I would look to OOIDA for some support, but I have a consultant that I use for this stuff as far as a DATA Q challenge to get rid of the CSA points that I don't deserve. If I challenge the stuff on my own I get no where. My consultant is an ex DOT officer and he has done wonders. But to your rights, if we don't do something about this stuff it is going to continue to escalate, but I'm not sure what to do? I'm tired of being told to write a letter. It has gotten me no where. I don't know if we got together as a group and tried to get OOIDA to address these problems if it would help? One thing that I have learned is that you can not deny Home Land Security (Border Patrol) access to any part of the vehicle. You can keep DOT and law enforcement out of your sleeper if you have the curtain at least partially closed. The exception is if the can see into the sleeper and see something that they feel gives them probable otherwise tell them to get a warrant. Good luck what ever you decide to do."

This is so true. Try writing a letter to your congressman or senator. My senator is Harry Reid.. He won't even answer. My other senator or congressman just blows so much smoke up your backside that If you passed gas in California, CARB would think your truck smoked to much. There is only one time that any politician could care about you.. Election Day. That's it. The only people that these idiots care about are those bearing gifts... Called lobbyists. Many years ago, I was told by a California Highway patrolman .. As we were in court, that I being a CDL holder has NO constitutional rights.. I was so speechless I couldn't say anything. The biggest thing that everybody knows is that we can't stick together to do anything, and most will cut each others throat over a load than anything..EVERYBODY knows this, and they use it to their full advantage. Including organizations like CRASH, PATT,and what ever else comes out of the woodwork.. Even people like that lady down in Florida , who doesn't pay.. She knows she will always find a somebody to haul that load for free... And this is one reason why we get all of these rules regulations and laws shoved down out throats. And why listen to us? The only organization that we have access to that sends those bearing gifts is OOIDA.you think the ATA cares about you? Only if you had a couple hundred trucks.. It's sad that we have to hire EX DOT to get things done. Isn't that like giving them a bribe to do something that you should be able to do on your own.. Or is that also set up in the laws so we have to hire retired senators or congressmen so they can lobby for you ,or retired DOT so they can fix things for you. Think today that DOT guy writes a bogus ticket.. Retires and tomarrow you get to hire the guy to fix his bogus ticket..

Replied on Sun, Sep 01, 2013 at 06:03 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. ATA is the enemy in my opinion. I feel they try to eliminate small companies.

Replied on Sun, Sep 01, 2013 at 07:09 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. I agree about ATA. They are for sure not on our side. Our state assoc is just a local arm of ATA. What a joke.

Replied on Sun, Sep 01, 2013 at 07:40 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. I'm not going to drop my rights because anybody stops me . I own the truck the trailer and the operating authority. I just cannot turn loose of the Constitution that easily. I have locked them out of one of my trucks and won that fight. They had me sit in the cop car and started walking up the side of my truck. I had a key fob for my security system. When it chirped the cop became completely pissed off. Time to buy another system I guess. I think my best case is proving the officer wrong in court. That will be a walk in the park. But I feel our rights need to be brought up.

Replied on Sun, Sep 01, 2013 at 07:40 PM CST

Posted by a private BulkLoads.com member.

I'm not going to drop my rights because anybody stops me . I own the truck the trailer and the operating authority. I just cannot turn loose of the Constitution that easily. I have locked them out of one of my trucks and won that fight. They had me sit in the cop car and started walking up the side of my truck. I had a key fob for my security system. When it chirped the cop became completely pissed off. Time to buy another system I guess.

I think my best case is proving the officer wrong in court. That will be a walk in the park. But I feel our rights need to be brought up.

Replied on Sun, Sep 01, 2013 at 09:03 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. Bibb v Navajo will beat his extra reflective tape. It really looks like the 4th amendment covers the cab and sleeper unless you have broke a law giving him reasonable suspicion. Driving a truck doesn't make you a criminal.

Replied on Sun, Sep 01, 2013 at 09:06 PM CST + 1
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. I parked my truck in the scale in the 70's during a "Strike". I don't think it did a lot of good, but we got media attention. At that time those of us that did it had no idea how to manage the media and that alone was what wasted the deal. I did go home feeling like I did something, right or wrong. I would do it again under the right circumstances. I won't give up my rights without a fight. I'm tired of being treated like crap by law enforcement. These uniformed monkeys thing their s^**^ Don't smell bad. I understand they have a job, but they need to drop the attitude and do the job with respect and civility.So much of what goes on is based on the premise that we won't stand up for ourselves. If there is something I can do to aid your fight let me know. Art Pfluger

Replied on Sun, Sep 01, 2013 at 09:06 PM CST

+ 1

Posted by a private BulkLoads.com member.

I parked my truck in the scale in the 70's during a "Strike". I don't think it did a lot of good, but we got media attention. At that time those of us that did it had no idea how to manage the media and that alone was what wasted the deal. I did go home feeling like I did something, right or wrong. I would do it again under the right circumstances. I won't give up my rights without a fight. I'm tired of being treated like crap by law enforcement. These uniformed monkeys thing their s^**^ Don't smell bad. I understand they have a job, but they need to drop the attitude and do the job with respect and civility.So much of what goes on is based on the premise that we won't stand up for ourselves.

If there is something I can do to aid your fight let me know.

Art Pfluger

Replied on Mon, Sep 02, 2013 at 12:03 AM CST - 1
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. Quote: "I parked my truck in the scale in the 70's during a "Strike". I don't think it did a lot of good, but we got media attention. At that time those of us that did it had no idea how to manage the media and that alone was what wasted the deal. I did go home feeling like I did something, right or wrong. I would do it again under the right circumstances. I won't give up my rights without a fight. I'm tired of being treated like crap by law enforcement. These uniformed monkeys thing their s^**^ Don't smell bad. I understand they have a job, but they need to drop the attitude and do the job with respect and civility.So much of what goes on is based on the premise that we won't stand up for ourselves.If there is something I can do to aid your fight let me know.Art Pfluger" Art you probably remember when it was peace officer, that's when you got away with stuff as they just wanted to keep the peace.. Then it changed to law enforcement officer.. That was when it was , I'm going to have to give you a ticket... And now they are considered paramilitary .. This is what we have today.. And look at the requirements that are required today to be a cop.. Most normal people can't pass. Do you remember when the Canadians went out? Within a week the national government sat down with them and got things resolved.

Replied on Mon, Sep 02, 2013 at 12:03 AM CST

- 1

Posted by a private BulkLoads.com member.

Quote: "I parked my truck in the scale in the 70's during a "Strike". I don't think it did a lot of good, but we got media attention. At that time those of us that did it had no idea how to manage the media and that alone was what wasted the deal. I did go home feeling like I did something, right or wrong. I would do it again under the right circumstances. I won't give up my rights without a fight. I'm tired of being treated like crap by law enforcement. These uniformed monkeys thing their s^**^ Don't smell bad. I understand they have a job, but they need to drop the attitude and do the job with respect and civility.So much of what goes on is based on the premise that we won't stand up for ourselves.If there is something I can do to aid your fight let me know.Art Pfluger"

Art you probably remember when it was peace officer, that's when you got away with stuff as they just wanted to keep the peace.. Then it changed to law enforcement officer.. That was when it was , I'm going to have to give you a ticket... And now they are considered paramilitary .. This is what we have today.. And look at the requirements that are required today to be a cop.. Most normal people can't pass.

Do you remember when the Canadians went out? Within a week the national government sat down with them and got things resolved.

Replied on Mon, Sep 02, 2013 at 04:04 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. He was a nice enough guy! Just didn't know poop from a cheap grade of putty! His goal was deducting points off my CSA score. I honestly believe there is a little selective enforcement going on. What's the odds that a truck that a truck gets pulled over twice in the same area for just driving down the road? No speeding or any other obvious violations.

Replied on Sat, Nov 09, 2013 at 12:58 PM CST
Posted by a private BulkLoads.com member.	Posted by a private BulkLoads.com member. I was stopped in Illinois in Gibson City. DOT officer pulled me over for no reason at all no biggie. Pulled into United Grain I think it was called. Officer asked for my Stuff gave it to him then Proceeded to ask me how much Weight I was hauling was a local gig for month I told him around 70 to 75k. He looked at me like I was lying to him. Truck was only plated for 78k Local farmer He then Proceeds to look around the Cab while he is standing outside asked me what I had in my Lunchbox and asked if he could take a look. I told him sorry but unless you have a warrant no. He Proceeded to give me a breathalyzer as well as a field test walking a line. I have a messed up right knee so when he asked for me to stand on my Right leg holding up my Left knee he was hearing it pop and asked if I had a weapon Told him no. He let me go with a pleasant have a good day sir I did aswell. Think they was getting reports of DUI Truck Drivers because I walked back to his Police SUV and asked for myy license that's when he told me there was DUI truck drivers.

Replied on Sat, Nov 09, 2013 at 12:58 PM CST

Posted by a private BulkLoads.com member.

I was stopped in Illinois in Gibson City. DOT officer pulled me over for no reason at all no biggie. Pulled into United Grain I think it was called. Officer asked for my Stuff gave it to him then Proceeded to ask me how much Weight I was hauling was a local gig for month I told him around 70 to 75k. He looked at me like I was lying to him. Truck was only plated for 78k Local farmer He then Proceeds to look around the Cab while he is standing outside asked me what I had in my Lunchbox and asked if he could take a look. I told him sorry but unless you have a warrant no. He Proceeded to give me a breathalyzer as well as a field test walking a line. I have a messed up right knee so when he asked for me to stand on my Right leg holding up my Left knee he was hearing it pop and asked if I had a weapon Told him no. He let me go with a pleasant have a good day sir I did aswell. Think they was getting reports of DUI Truck Drivers because I walked back to his Police SUV and asked for myy license that's when he told me there was DUI truck drivers.