DOT Level 3 Inspection

Discussion in 'Trucking Industry Regulations' started by rbalek, Jul 31, 2015.

  1. rbalek

    rbalek Bobtail Member

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    On a level 3 inspection can DOT search a woman passenger's purse if there is "no probable" cause like law enforcement?
     
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  3. not4hire

    not4hire Road Train Member

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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
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  4. truckon

    truckon Swamp Thing

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    Whats the rest of the story?
     
  5. rbalek

    rbalek Bobtail Member

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    So then a friend that works for the same company got pulled over and had a level III done and for whatever reason they made him remove ALL his items out of his truck for inspection. He did not have anything "illegal" so he passed. But I was wondering if something like that was to occur would my purse be searched as well? Maybe they thought he was drinking because he of how he was driving? He left that out of the story to us.
     
  6. pattyj

    pattyj Road Train Member

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    Unless you give them probable cause they won't search passenger's purse.If they do wanna check it and you put up a stink about it they will detain you.Is that worth it sitting there for hrs to over a day because you refused to let officer check passenger's purse?Unless passenger is hiding something dot won't bother her.
     
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  7. truckon

    truckon Swamp Thing

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    Minnesota asked to search my truck. So did Illinois. I politely told them that was my personal space and that I didn't want a stranger digging through my belongings. That was the end of it.
     
  8. pattyj

    pattyj Road Train Member

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    Me too and also at customs.I do think if they don't have any reason to search vehicle then they shouldn't even have to ask.I have things to do and places to go just hurry up do your job so I can be on my way.
     
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  9. truckon

    truckon Swamp Thing

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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.
     
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  10. pattyj

    pattyj Road Train Member

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    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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  11. not4hire

    not4hire Road Train Member

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    Customs is a completely different animal. They absolutely have every right to search your vehicle, your belongings and your person and they don't have to have probable cause. However, I vehemently disagree with your earlier post to just let any other officer search the same if they want.
     
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