Issue link: http://read.dmtmag.com/i/536685
CHANGING LANES 16 JULY 2015 // WWW.CHANGINGLANESDIGITAL.COM On The Road Inspecting state police trooper C.V. Barrett of North Carolina noted that when he turns on his overhead lights, he's usually got a safe place for a truck to stop in mind up ahead. Lt. Lee Robertson of Georgia echoed the sentiment. But if there is not good spot that you can easily or quickly identify, don't just stop in the middle of the travel lane, both say. "I'll follow somebody 2-3 miles down the road" without a problem, said Barrett, "if he clearly knows I'm back there." It's not uncommon for Robertson, he said, after the initial stop, to instruct the driver to keep going to a better location that won't impede traffic at all. 2) If the officer approaches on the passenger side … Most often, officers will approach the driver's side of the vehicle for the initial encounter. If they don't, notes owner-operator Buchs, and yell "Hey, unlock your door," don't unbuckle that seat belt to lean over and open the door for them. "Don't leave the seat," Buchs says, "stay in your seat and keep your seatbelt on, giving them an opportunity to verify that you're buckled in. That's an easy one to write up as a warning," or a mark on an inspection report without an attendant citation that can be adjudicated in court. Your only option for such a situation is the FMCSA's DataQs system for challenging violations, and without a time-stamped photograph of yourself wearing the seatbelt, it's going to be difficult to submit evidence sufficient to overturn the violation. Speaking of DataQs and warnings issued without citations, Buchs notes that he's heard of several cases at the company where such a speeding warning was successfully challenged via the DataQs system. Key to making the challenge? Evidence presented from an electronic-logging-device system that also reads and records operational data — including speed. "They pulled data out to show location and speed" at the time of the stop, he says. "They've reversed speeding violations that way. Landstar said, 'Without that, there's no way it would have been reversed,' as there would have been no proof rather than word of mouth," the classic he-said, she- said dilemma. The vast majority of states leave enforcement action up to the discretion of the officer. Buchs' own decision to opt in to Landstar's ELD program, with the basic Omnitracs unit, was based on concerns over risk management. "I view it somewhat like insurance. If something goes wrong, I have proof about as good [as is possible] of what I actually had been doing – it's about the most definitive source I could get." 3) Always keep paperwork and emergency equipment handy. North Carolina's Barrett emphasized this. The driver should be able in "15-