On a level 3 inspection can DOT search a woman passenger's purse if there is "no probable" cause like law enforcement?
DOT Level 3 Inspection
Discussion in 'Trucking Industry Regulations' started by rbalek, Jul 31, 2015.
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LEVEL III
Driver/Credential Inspection – An examination that includes those items specified under the North American Standard Level III Driver/Credential Inspection Procedure. As a minimum, Level III inspections must include, where required and/or applicable, examination of the driver’s license; medical examiner’s certificate and Skill Performance Evaluation (SPE) Certificate; driver’s record of duty status; hours of service; seat belt; vehicle inspection report(s); and HM/DG requirements. Those items not indicated in the North American Standard Level III Driver/Credential Inspection Procedure shall not be included on a Level III inspection.
http://www.cvsa.org/programs/nas_levels.php
A non-LEO officer would not have any authority inspect/search an individual or their personal effects. Certain inspections may include the cab and contents and sleeper insofar as the sleeper conforming to FMCSA Regulations, but personal effects would be excluded. A LEO wanting to search beyond that would have to be able to articulate probable cause, etc.
If the individual is merely a passenger and not a co-driver then they would not be subject to the authority of an FMCSA inspection in any manner beyond confirmation of the authorization to be in the vehicle as a passenger.Last edited: Jul 31, 2015
rbalek Thanks this. -
Whats the rest of the story?
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JenaK, areelius, KANSAS TRANSIT and 3 others Thank this.
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I think often its the way you reply that they are looking for. Straight forward, honest, and remaining calm gets you a far way. -
I hear that.Ive never had any problem with DOT and never had any reason to be nervous like im hiding something.I just hate it when they're so slow at some things.Im one that hates stopping and going thru all the red tape at the scale house.Does'nt matter to me if they inspect, check all the paper work and logs just hurry up.
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KANSAS TRANSIT, Mikesee and passingthru69 Thank this.
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