Tips for Roadside Inspections and Traffic Stops:
1. Be cordial. Be a gentleman to law enforcement. That will help you at the end in court. When negotiating your "overweight," the first thing the Officer mentions is that you were "not nice." I tell the Officer that I "read you the riot act" and that in the future you will behave when you're stopped again by that same Officer. That places me on the defensive when I apoligize and puts you at a strategic disadvantage for reducing your penalty. I typically acheive a better outcome when the Officer says: "He was a good guy."
2. Quarreling, cussing or any aggressive conduct will get you locked up. The Officer decided long before he approached that you commited some sort of violation or traffic offense.
3. Keep your hands where the Officer can see them and follow all directions. Keep your logbook and documents organized and in one easily retrievable location or folder. Most directions are for your safety. ie. To prevent you and her from becoming a pile of mush and metal as your brethren and the texting teens in the '98 Expedition gape at you on the side of I-55 or on the in bound IKE at the cemetery.
4. For the most part, keep your mouth shut. On a Level I Inspection, the Officer will request a CDL, logs, Bills of Lading, Medical Card, Second Division Registration and related ministerial information. Name, company, etc. Cooperate. On a traffic stop or roadside inspection, most Officers employ a specific protocol that does not involve you making admissions or "confessing" or giving self-incriminating statements. Don't "volunteer" that the dispatcher is an idiot or that the company "doesn't give a hoot about safety or that your truck is crap on wheels. Don't think for a second you are ingratiating the Officer. You are not helping your cause and it reflects poorly on you. If the Officer requests a statement (unlikely) or if the stop is trending toward criminal conduct or asking about company policy and procedures, politely tell the Officer "that my attorney told me to talk to him first." Put the blame on me. The Officers conducting inspections and trucking enforcement are seasoned veterans and understand that. They know the system.
5. WARNING, WARNING, DANGER, DANGER! CDL holders. If you are ticketed for a traffic offense committed while operating a private automobile, do not enter a guilty plea in court or "simply" attend traffic school and pay a nominal fine without talking to an attorney first. You could be DQ'ed or DISQUALIFIED. Consult me or another attorney.
Federal Motor Carrier Safety Admin.
Compliance, Safety Accountability (CSA)
-Intervention and Enforcement-
If the Agency issues you or the company a Warning or Enforcement letter for violations of the BASICs (Behavior Analysis Safety Improvement Categories) call me prior to responding. Don't be a hero. For a few hundred dollars in attorney fees, you can enjoy peace of mind. By not retaining an attorney, you may be penny wise, but dollar dumb in the end. Remember, your job is to grow your business and generate cash flow. My job is to protect you. The FMCSA has adopted the FAA model of pilot enforcement---and there is a right way of doing things.
What are BASICs? It's the Safety Management System for BOTH carriers and drivers that in weighted categories, measures:
1. Unsafe Driving
2. Fatigued Driving (Hours of Service)
3. Driver Fitness.
4. Controlled Substances/Alcohol
(illegal drugs and misuse of
perscription and OTC medications)
5. Vehicle Maintenance
6. Cargo loading/securement
emphasizing hazardous materials.
7. Crash History.
