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Anothet driver arrested in New York

The Truth

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Jul 18, 2014
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1,969
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Henrico
I wonder if New York will ever be a free state again... these stories truly cause me to bang my head on the table...

:banghead:
 

RK3369

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Oct 2, 2013
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92
Location
South Carolina
based on prior knowledge of similiar issues..............

I wouldn't make that assumption. I've heard stories of NY police ignoring FOPA, leaving their victim to have to raise it at trial at great risk and expense.
a few years back NY State Police were known to be continually harassing private individuals hauling large horse trailers with Dually pickups. Now admittedly they might have been over 16K GCW but what about motor homes? You don't have to have any special license to drive a class A 40 footer anywhere in this country as far as I know, so why were they bothering folks hauling horse trailers with dually's ? Because somebody said that perhaps they should impose somebody's interpretation of the commercial truck regulations onto private citizens, so the cops decided to do it. They eventually stopped that practice but it just shows what NY State Police can do to make your life miserable if they want to. And the current Governor goes right along with their fascist tactics, in the name of "public safety
.
 

bc.cruiser

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Joined
Apr 2, 2011
Messages
751
Location
Fayetteville NC
How does a 'truck inspection' transition into a search of the inside of the truck?? :confused:

Its been quite a few years since I have held a CDL (and even then I only drove locally, and not OTR), but I have been through a number of truck inspections in the past. All of them were just that... truck inspections. They checked the lights, tires, suspension, brake adjustment, weight, load paperwork, etc. I never had an 'inspector' want to search the truck. Has that changed? Are they now given authority to search... or do they still need either some sort of reasonable cause, or permission of the driver?
The sleeper berth area is a tricky one. It is your living quarters, but it is part of a vehicle engaged in commercial activity. There is normally a real RAS for that area to get pulled apart. Even if crossing an international border. A really meaningful inspection even of a new rig will find something, however minor.
I have also seen trucks pass inspection that I would not even get in.

Depending on the level of inspection most, as those you experienced, are level 3 and are conducted routinely at random. I once PO'd a Maryland trooper who escorted me to a weigh station for a "everything but body orifices" inspection. The officers there declined, saying it was dark, cold, and if he wanted it done to do it himself; I got a level 3.:cool:

In some states even the color of the sheets on your bunk were state mandated, although regularly unenforced.

Digression over.

Knowing the laws may not keep you out of trouble in some states, but it will certainly improve your chances for avoiding problems.
 
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markand

Regular Member
Joined
Sep 29, 2006
Messages
512
Location
VA
I know that a Commercial Driver's Licenses (CDL) is required for trucks meeting certain weight and configuration definitions. Just curious, are CDL holders required to submit to law enforcement searches as a condition of getting or keeping the CDL? Kind of like being required to submit to roadside sobriety or breath tests in order to keep your license.
 

conandan

Regular Member
Joined
Nov 5, 2012
Messages
236
Location
florida
I know that a Commercial Driver's Licenses (CDL) is required for trucks meeting certain weight and configuration definitions. Just curious, are CDL holders required to submit to law enforcement searches as a condition of getting or keeping the CDL? Kind of like being required to submit to roadside sobriety or breath tests in order to keep your license.
There is no condition that you must submit to any searches. However if DOT or state police want to search your truck there is not much you can do about it. Most courts look at commercial vehicles differently than personal vehicles. And will apply laws differently.

My own experience in Arizona I was searched without my consent. I went to court and the judge says it's a commercial vehicle there for my consent was not needed. And I owned the truck go figure.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
751
Location
Fayetteville NC
Wow. Any idea what the justification was for such a regulation?
White being the designated color as it most closely resembled bandaging and cleanliness would be more readily apparent, to be used as such in case of need. As a former emergency room nurse, now driver said, "it doesn't matter what condition or cleanliness the bandage is, stopping the bleeding is the issue. Infection can be treated later".
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
751
Location
Fayetteville NC
I know that a Commercial Driver's Licenses (CDL) is required for trucks meeting certain weight and configuration definitions. Just curious, are CDL holders required to submit to law enforcement searches as a condition of getting or keeping the CDL? Kind of like being required to submit to roadside sobriety or breath tests in order to keep your license.
The only thing searches have to do with a CDL is that you are operating a vehicle subject to random inspections. Failure of inspections or refusal of the inspection only impacts the CDL in that you may suffer fines, unemployment, or other inconveniences.

You are also subject to random drug and alcohol tests, both while on the road and at your home base. This can determine whether or not you keep a CDL. The limits are lower, and the penalties harsher.

In an otherwise permissive state, your OC gun is not an issue (gotta maintain the integrity of the forum:D).
 
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conandan

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Joined
Nov 5, 2012
Messages
236
Location
florida
The only thing searches have to do with a CDL is that you are operating a vehicle subject to random inspections. Failure of inspections or refusal of the inspection only impacts the CDL in that you may suffer fines, unemployment, or other inconveniences.

You are also subject to random drug and alcohol tests, both while on the road and at your home base. This can determine whether or not you keep a CDL. The limits are lower, and the penalties harsher.

In an otherwise permissive state, your OC gun is not an issue (gotta maintain the integrity of the forum:D).
You are correct but should be clear. Inspections and searches are to separate things. A dot inspection does not include the inside of the cad. Unless your fire extinguisher is by your seat. They do not search your cab.

You have to submit to any drug or alcohol test or you loose your CDL.

And even in your personal vehicle you are subject to the same rules as your commercial vehicle. If you have a CDL your alcohol limit is .02 not .08 as everyone else. Any citation or accidents in your personal vehicle will go on your
CVSA record and points against you.
 

bushwacker

Regular Member
Joined
Jan 4, 2011
Messages
199
Location
pottsboro,texas
You are correct but should be clear. Inspections and searches are to separate things. A dot inspection does not include the inside of the cad. Unless your fire extinguisher is by your seat. They do not search your cab.

You have to submit to any drug or alcohol test or you loose your CDL.

And even in your personal vehicle you are subject to the same rules as your commercial vehicle. If you have a CDL your alcohol limit is .02 not .08 as everyone else. Any citation or accidents in your personal vehicle will go on your
CVSA record and points against you.
umm that's .04 in your personal and .00 in your rig .They may also stand on your steps to see if your gauges , warning lights and buzzers are working , if you close the curtain they are not to go in the sleeper that is considered your home , if you lock your door on the way out then it is like an rv ...every time they wanted to come up they always asked me,must be something to that , you may travel thru ny with a gun if you are going to a state on the other side and have proof of this ..ie freaght bills , hotel res.ect.ect. and you can only stop for emergency or fuel and (now get this, of which I can only figure that ny doesn't want to be a gateway to any illegal activity in another state) if the destination state allows you to carry guns in the same manor as your home state. now the cop may not know about this can still cause you some grief even if you get it dropped...court ain't cheep time and money wise.....I have a strict policy that I adhere by and that is ...If I cant carry a gun in a state then they don't need any freight...starve your ass....
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
FOPA (firearm owners protection act) is what you are referring to. I've never heard that you had to have "proof" of your destination. The problem is that some states look at FOPA as an affirmative defense which means you are going to get the ride and a lot of what usually follows.

stay safe.
 

bushwacker

Regular Member
Joined
Jan 4, 2011
Messages
199
Location
pottsboro,texas
FOPA (firearm owners protection act) is what you are referring to. I've never heard that you had to have "proof" of your destination. The problem is that some states look at FOPA as an affirmative defense which means you are going to get the ride and a lot of what usually follows.

stay safe.
I pretty much get my info from the travelers guide on firearms laws of the fifty states, that book is a good one to have , it help me with an argument on ocarrying that I had with a female cop in shrevesport , she finally admitted that she wasn't up on their gun laws and that she was going to have to check into it .... that right there made the book worth the $14 I had invested
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,338
Location
Nevada
I pretty much get my info from the travelers guide on firearms laws of the fifty states, that book is a good one to have , it help me with an argument on ocarrying that I had with a female cop in shrevesport , she finally admitted that she wasn't up on their gun laws and that she was going to have to check into it .... that right there made the book worth the $14 I had invested
With 50 states, I can't see how a book can stay up-to-date for more than a few months. Hopefully, nothing you use is one of the changes made since you bought the book.

I'm sure it's been mentioned here, but forum member Gary Slider's website, www.handgunlaw.us, is the most accurate and up-to-the-day resource I've ever seen. Easy to use, too, and fairly mobile-friendly.
 
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