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DOT entrapment or not ?

Discussion in 'Heavy Equipment & Pavement' started by Marek, Jul 29, 2014.

  1. Marek

    Marek LawnSite Bronze Member
    Posts: 1,385

    DOT has been setting up every day with 4 to 8 units pulling over every tank truck that pulls into Maryland/PA / VA milk producers . They are set up less than 200ft from the entrance to the property and the trucks can only come in from one direction as the road coming from the other way is limited to vehicles under 10 k. My question is , is this entrapment ? They pull every truck coming in and the can only come in one way.
     
  2. C.H.P. does the same thing at large construction sites\jobs and waste facilities. So no, if on a public highway.
     
  3. ztman

    ztman LawnSite Bronze Member
    Posts: 1,007

    Why would you think it is entrapment? They want to inspect the milk trucks, so they go where the milk trucks go. Just like drunk driving check points, they set them up in the early morning hours when most drunks are out to max out productivity. They don't set them up at ten in the morning.
     
  4. RussellB

    RussellB LawnSite Fanatic
    Posts: 5,998

    Nor do they set them up 200' from the bar. I would question everything they do in Maryland. I know a dairy farmer on the Eastern shore that is inspected and crapped on weekly for the same offence they look the other way for neighboring farmers.
     
  5. whiffyspark

    whiffyspark LawnSite Fanatic
    Posts: 6,087

    What ever happened to DUI being random and dot random checks
    Posted via Mobile Device
     
  6. pythons37

    pythons37 LawnSite Member
    Posts: 134

    Once all DOTs became revenue centers, instead of safety enforcement centers, this has been the norm. In Connecticut it started with the collapse of the Mianus River Bridge in 1983. Suddenly a tail light out was $56.00. In New York, a logbook violation went from 10 dollars to 100 dollars. Bulk carriers are the easiest to get. Because of Bridge Laws, it's almost impossible not to over weight on at least one axle, even when under a legal gross weight.
    At the toll booth in Waterloo, NY, right at the entrance to a Petro Truck Stop, the DOT sets up almost every day.
    It's not entrapment. It's a so called Compliance Check, which has as it's main goal, REVENUE.
     
  7. Kawizx62003

    Kawizx62003 LawnSite Silver Member
    Posts: 2,404

    They don't usually need and reasonable suspicion or probable cause to stop CMV's.
    Posted via Mobile Device
     
  8. Kawizx62003

    Kawizx62003 LawnSite Silver Member
    Posts: 2,404

    Also it is worthy to note the definition of entrapment which many people don't understand.

    It's basically a law enforcement agency getting someone to commit a crime they normally wouldn't have committed had it not been for the law enforcement agency.


    So entrapment is not the correct term. Most people use that term for speed traps. But they are not entrapment.
    Posted via Mobile Device
     
  9. Kepple Services

    Kepple Services LawnSite Senior Member
    Posts: 374

    Happens ALL the time around here. Nothing new. Our yard is located on top of a landfill we rent space from. They sit out there 2-3 days a week, every week, for the last few months. The ONLY good thing is they are also pulling over the POS trucks and trailers that are way more dangerous than the large trucks coming and going and siting them as well.
     
  10. YellowDogSVC

    YellowDogSVC LawnSite Gold Member
    from TX
    Posts: 3,752

    I wish DPS here would pull over the POS trucks and trailers that aren't necessarily CMV. No lights, no chains, no tags, no inspections, and no brakes are very common on "farm trailers" here in TX. I have watched TX DPS and local law enforcement drive right past an obvious road hazard.

    Even in large cities like San Antonio, the obvious road hazards are ignored. I have watched guys at the Bobcat dealer load a trailer, all 4 wheels bowed out, no chains, no inspection sticker, and somehow they made it through one of the busiest highways in TX I-35.

    I think the truth is that CMV's are targeted for the revenue more than anything else.
     

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