So I Got A Warning Yesterday!
Topic 29529 | Page 2
I’m well aware. My point was that it’s the inspection which makes it reportable and the reason for demanding a citation vs just a warning because you can’t fight the warning.
Guess this was a learning experience for me, as I’ve never had any contact with any law enforcement. I told him 3 times I wasn’t speeding! He never said I clocked u, or what speed he felt I was going, just I looked like I was going over speed. Just really felt like it was a raw deal!
The big problem with the inspections tied to warnings is that he doesn't have to prove your guilt. It's something that's fundamentally at odds with the constitution since it can affect your livelihood but what can we do.
Guess this was a learning experience for me, as I’ve never had any contact with any law enforcement. I told him 3 times I wasn’t speeding! He never said I clocked u, or what speed he felt I was going, just I looked like I was going over speed. Just really felt like it was a raw deal!
Guess this was a learning experience for me, as I’ve never had any contact with any law enforcement. I told him 3 times I wasn’t speeding! He never said I clocked u, or what speed he felt I was going, just I looked like I was going over speed. Just really felt like it was a raw deal!
Did this happen in Indiana by chance? The reason I ask is because it’s a common tactic since 2019 when Indiana changed the regulations regarding random CMV inspections. The only way they’re allowed to do an inspection outside of a scale house is in the instance of another infraction and they generally cite speeding and try to get away with issuing a warning for the speeding. Always demand a citation, especially speeding because they have to document the speed and method they used to obtain it.
CMV:
Commercial Motor Vehicle
A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:
- Weighs 10,001 pounds or more
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation
- Is designed or used to transport 9 or more passengers (including the driver) for compensation
- Is transporting hazardous materials in a quantity requiring placards
Donna,
Unfortunately, you ran into a bad cop. There's no way he would write a citation for 1-5mph's over. There are laws that give you a margin of error to account for any error between whatever they used and your actual speed.
Now, if you drive for a big company, i would check your DAC report after a month or so to see if they put anything on there. Unfortunately, speeding is such a taboo word that it doesn't matter what it is, just using the term makes you a bad person.
Behind the scenes, since you didn't get a citation, having a warning on an inspection doesn't affect you personally. It will however effect the carrier's CSA score. You CAN somewhat contest the warning by doing a DataQ, but that's something the carrier has to do. I've never done it myself, but i'm assuming it's a bunch of red tape and jumping through hoops.
I got a warning in Georgia last year for being in the left lane, but since i'm a one truck carrier, the points didn't effect me as much. My insurance still stayed about the same. If you work at a big carrier, i'm sure the points all add up.
It's crappy, but it's just the way the system is set in place. I respect law enforcement but there's always bad ones with the good.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
DAC:
Drive-A-Check Report
A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).
It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.
Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.
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If you have a ticket and it's dismissed the inspection can be tossed with it. Dealing with an inspection alone isn't as simple.
Warnings are generally written with inspection reports by dot , especially out of scales for anything that is csa reportable.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.