Profile For Andre D.

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    7 years, 3 months ago

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Posted:  7 years, 3 months ago

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Fmr. USDOT Special Agent

Brett, in CA the weight limit to keep an eye on at the scale head is 12,500 lbs for steers. If it's over, or close, I would stop the vehicle, check tire weight rating and re-weigh. It's not that common though because the scale alarm will only sound if it's over the tandem axle weight, so you would have to be constantly watching the scale weight as trucks roll by to catch a steer axle violation. However, under no circumstances would a vehicle be allowed to leave without first repairing any out-of-service violations. Being over the tire weight rating would meet the out-of-service criteria, regardless of any State regulation allowing it. I doubt they are allowing it. the 20,000 lb limit might be the total amount allowed on the steers if the tires are rated for it. A permit might be needed for anything exceeding that but the tires would always have to be rated to withstand the weight.

Posted:  7 years, 3 months ago

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Fmr. USDOT Special Agent

Brett Aquila, you're reminding me of me old scale head days.. The States can never allow a "certain amount of weight" over what is rated by the manufacturer. Not for axle weight ratings, GVWR, GCVWR etc. Never, NEVER should any government entity allow a weight that is over the weight rating of the tires themselves. That is an out-of-service violation.

Posted:  7 years, 3 months ago

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Fmr. USDOT Special Agent

Rick It's unfortunate that drivers have to go through that. Be familiar with Title 49, the Out of Service criteria and your State/local laws and if you believe that an enforcement official was wrong in taking action, by all means fight it. There are a bunch of ways to do that.

Then again, you can just hire me and I'll take care of it :)

Posted:  7 years, 3 months ago

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Fmr. USDOT Special Agent

Wow what a question! I should charge you for this. Just kidding. The Firearm issue will depend on the State you're in at the time and their laws. I've had many a driver hand me a concealed handgun license along with their CDL here in CA from an outside State. While it may be fine depending on it's location in the vehicle, CA doesn't recognize out of state Concealed carry licenses so it would have been illegal to carry on him while walking around or have it next to him in the truck. Just keep it in a locked compartment in your rig and research the laws of the States you frequent.

Personal Conveyance, You're correct in the vagueness of that definition. It has caused confusion with many drivers and enforcement personnel. Remember that your CMV must not only be unladen but, this is the key... Neither you nor the vehicle at the time, can be involved in the FURTHERANCE OF A COMMERCIAL ENTERPRISE in any way. If your co-worker had just completed a delivery, was not under dispatch and was off duty while not being paid, then no violation occurred.

Of course, if it were me and your co-worker was being an ass or difficult in any way, I could stretch the regs and definition by saying that the movement of the commercial vehicle itself is a furtherance of a commercial enterprise or some nonsense like that.

Whew! Ok Rick That's enough for you. You're getting a bill next time!

Any other quick questions"

Posted:  7 years, 3 months ago

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Fmr. USDOT Special Agent

Greetings Gentlemen,

I have just recently separated from Federal Service as of Nov. as a USDOT Agent/Motor Carrier Safety Specialist. I've worked as an Investigator and Vehicle Inspector in Texas, Montana and California. Prior to this, I worked as a commercial vehicle inspector for the California highway patrol in San Onofre, CA. I have 10+ years experience inspecting you guys and it's very safe to say that I know my s!#$. You name it and I've done it when it comes to commercial enforcement. I used to enjoy reading the comments on here but was always unable to respond because of my position. Well, No More. I'm out on my own and starting up a consulting business for the motor carrier industry based in San Diego, CA where I currently reside. It's going to be called 'Trucking Consultants' truckingconsultants@gmail.com. Feel free to ask me some questions.

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