Q: What is the difference between a CMV Inspection Agent, and a CMV Inspection Officer, and what authority do the two have?
A: Any personnel trained and certified by the specific jurisdiction and in accordance with the FMCSA, CVSA, applicable state guidelines and requirements is authorized to conduct commercial vehicle inspections. The term agent or officer does not define any level of authority regarding commercial vehicle inspections. Jurisdictions vary on the personnel that conduct inspections and what title is assigned to the personnel.
Once the officer was able to have a little more free time, he went into more detail.
Q: If the 4th Amendment protects us from illegal search and seizure, then how to they justify random DOT inspections?
A: This question is and has been an unfortunate misunderstanding of the interpretation of the Fourth Amendment in relationship to commercial vehicle inspections. I don’t have enough time to address all the constitutional specifics but let me provide the specific federal regulation from which anyone can review the entire code section. Also, I suggest review of the exceptions of the search warrant requirements and other special circumstances covered in the following case decisions: · Carroll v. United States, 1925
· United States v. Ross, 1982
· New York v. Class, 1986
· United States v. Villamonte-Marquez, 1983
The authority to conduct the commercial vehicle inspections is contained in the Code of Federal Regulations 49 CFR Parts 396. I have provided an excerpt below of the regulatory authority statement.
49 CFR Part 396.9
Inspection of motor vehicles and intermodal equipment in operation.(a) Personnel authorized to perform inspections—Every special agent of the FMCSA (as defined in appendix B to this subchapter) is authorized to enter upon and perform inspections of a motor carrier's vehicles in operation and intermodal equipment in operation.(b) Prescribed inspection report—The Driver Vehicle Examination Report shall be used to record results of motor vehicle inspections and results of intermodal equipment inspections conducted by authorized FMCSA personnel.
Q: What, if there is such a rule, is the 16 hr rule & to whom does it pertain?
A: I have not heard of a 16 hour of service rule
Q: If the 4th Amendment protects us from illegal search and seizure, then how to they justify random DOT inspections?
A: This one is easy and one question that is asked many times. Well the answer is actually much more involved but I thought I should keep it simple.
The Federal government authorizes commercial vehicles (U.S. Supreme Court decision) and the Fourth Amendment does not apply for the following reason.
The vehicle inspection is based on a transportation safety requirement. When a commercial vehicle owner or operator applies and receives the Federal DOT permits and authorization to operate intrastate or interstate, permission for the safety inspection is implied.
A vehicle inspection is not a search for contraband items, wanted persons or other illegal activity involving a motor vehicle, therefore not a constitutional violation.
The inspection only involves the checking of required equipment and the checking of other documents that must be carried on the driver and in the vehicle by law.
Q: Is there a law stating that in extreme cases of heat, the a/c must work?
A: The answer to the A/C question is easy:
»The federal regulations only cover requirements for A/C systems that cool the goods being transported.
»The regulations overall only cover mechanical and electrical operations relating to the safe operation of the vehicle.
»The regulations do not cover items that are related to the comfort of the driver or passengers. An A/C unit in the tractor is only for the driver's comfort and does not affect the safe operation of the commercial vehicle.
Q: If you buy a vehicle and haul it home on your trailer, do you need shipping papers still?
A: Some factors for the answer are if the vehicle purchased is being transported on the trailer from one point to its destination for a non-commercial purpose and not for resale, then there are no additional documents required, just proof of ownership.
If the vehicle was to be driven from the place of purchase to the destination, then it would need the proper registration for that state and then registered permanently in the home state.
Back to the original scenario, before that transported vehicle is put into service on a public street, it will have to be registered in the home state.
One of those guys that texts, goes over HOS, and speeds, bragging like a jerk, and not caring about those he puts at risk, chose to argue legality of this with me. Response from DOT?:
From the photo it only shows that the commercial vehicle is missing one of the rear drive wheels on the second drive axle. What is not shown is the reason for the missing drive wheel. Hypothetically, if the driver could be enroute to get the wheel replaced or whatever required repair performed. Unfortunately, the issue of legal or not legal depends on what occurred and the immediate destination of the vehicle.
In Arizona and probably in other states we do not have a specific state statute for every possible equipment requirement or violation. We do have two state statutes as an example that a police officer can use to perform a traffic stop and vehicle inspection which does not have to result in any court action required violations, just notations of mandated repair that would be required.
Below I have provided the specific Arizona statutes to illustrate how the verbiage can used to address various situations.
28-981. Vehicle equipment; safety requirement
A person shall not drive or move on a highway a motor vehicle, tow truck, trailer, semitrailer or pole trailer or any combination of a motor vehicle, tow truck, trailer, semitrailer or pole trailer unless:
1. The equipment on the vehicle is in good working order and adjustment as required in this chapter.
2. The vehicle is in a safe mechanical condition that does not endanger the driver or other occupant or a person on the highway.
28-982. Vehicle and equipment inspection; notice of repair or adjustment
A. If at any time there is reasonable cause to believe that a vehicle is unsafe or is not equipped as required by law or that a vehicle's equipment is not in proper adjustment or repair, the superintendent of the highway patrol, members of the highway patrol, other officers and employees of the department of public safety as the director may designate and any peace officer may require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference to the inspection as may be appropriate.
B. If the vehicle is in an unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver. The officer's department shall retain the original of the notice. The notice shall state:
1. That the vehicle is required to be placed in safe condition and that the vehicle's equipment is required to be properly repaired and adjusted.
2. The particulars with reference to the requirements provided in paragraph 1.
3. That a certificate of correction or adjustment of illegal or faulty equipment shall be obtained within five days.
C. The director of the department of public safety shall prescribe the form of the notice required by this section.
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