Problem with a DPS trooper

5,041 Views | 50 Replies | Last: 3 hrs ago by SGrem
yell_on_6th st
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AG
Not with me but a good friend of mine, almost a brother. Overrating trailers for his small business, to a point of harassment. Any interest here?

Georgetown, Tx
Bluto
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Please elaborate. Is the DPS officer assigning a higher GVWR (weight rating) than the stickered GVWR to the trailers? I'm assuming the trailers were de-rated properly from the manufacturer? Or did your friend buy them used and possibly fraudulently derated?
yell_on_6th st
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In the process of getting them de-rated but Barney F doesn't think that is legal/proper. Basically assigning semi truck rules to a flat bed and trailer combo, requiring cdl for all drivers.
Milwaukees Best Light
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Might have to tailor the language a bit, but next time he has a run in with the guy, ask the guy if your friend can hire the officer as a consultant on the regulations and such. Don't make it become a bribe, make it become a chance to get the guy on your side. Have the guy come in, look at the fleet and make recommendations to get you in compliance with what that guy considers the law. Then pay him for his time. If that works, your friend should probably follow the recommendations laid out, but that is a long way down an unlikely road.
EFR
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We probably need some more info here. Commercial vehicle enforcement officers can be overly strict at times for sure, but if he seems to be zeroing in on one company there is usually more to the story.
Edit: just saw he is "in the process" of getting the trailer documentation fixed. Until that is done the trooper is probably technically right.
Hoosegow
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He may not be. The difference could be interstate vs. intrastate rules.

Interstate rules - 10K is the requirement to be registered, etc. Don't necessarily need a CDL, but may.

Intrastate rules - 26K is the requirement

Combo can get you and it is what the vehicle GVWR is, not what it is licensed at.

For example, if you friend has a bigger truck with lets say a 12,500 GVWR and you have a trailer that is rated at 14K, then you need everything.
Class of '94
yell_on_6th st
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They stopped my buddy a week ago in Georgetown, read him the riot act about ratings and such, luckily he has a cdl. Once he realized he needed to get his trailers de-rated he started working with his dealer to do just that.

A week later same trooper stopped one of his crews and shut him down, wouldn't let him drive the flat bed and trailer. My friend had to go drive it back to the yard but they are effectively shut down by Barney F. Could give his real name/info but not ready to dox him quite yet

Pure bs, dude is just trying to run his business
agnerd
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Sounds like the officer has identified a problem, made it known to the owner, and the owner still continues to operate vehicles that are not in compliance. All vehicles need to be parked until all regulations are met. Then the officer needs to be contacted and compliance confirmed before vehicles are driven again.

This happens in every industry. If you are caught breaking the law (like doing construction without a permit), you then get extra special attention to make sure you follow the laws since it didn't happen the first time.

Ask permission, not forgiveness when dealing with government agencies and their representatives.
SGrem
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Until the trailers are derated, the officer is going by the paperwork provided and is enforcing the law correctly. He is doing his job correctly.

Until the trailer paperwork is whole, complete, and accurately derated, your buddy is operating his business outside of the law. Either it is a legit business or it isnt.

The officers have no creativity. Your buddy and you are wrong for thinking they do.
Mas89
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Milwaukees Best Light said:

Might have to tailor the language a bit, but next time he has a run in with the guy, ask the guy if your friend can hire the officer as a consultant on the regulations and such. Don't make it become a bribe, make it become a chance to get the guy on your side. Have the guy come in, look at the fleet and make recommendations to get you in compliance with what that guy considers the law. Then pay him for his time. If that works, your friend should probably follow the recommendations laid out, but that is a long way down an unlikely road.

There is a retired DPS trooper in the Houston area that does this. Has a consulting/ compliance business and is reportedly the expert on these issues.

I have not used him but have friends that do. Could get his contact if needed.
EFR
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So the trooper read him the riot act (I am guessing a warning) and then on the second incident allowed the owner to come get the truck and trailer instead of towing it? I would be thanking the trooper, not calling names as it sounds like he gave your buddy a break both times. I can guarantee you if there is a third incident the business owner will no be happy with the outcome.
EliteElectric
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Reach out to your state rep.

Years ago I got pulled over for "weaving" at 2pm by a YOUNG DPS trooper on a 27* day on FM 485 around Maysfield headed back to BCS with my 2yo with me. Trooper gets me AND my daughter out and makes us stand next to my truck "for my safety and his" in 27* weather while he runs my license.

My little girl starts complaining that she's freezing so I unzip my hoodie and let her wrap her arms around me and I zip the hoodie back up so that she's in it. He is sitting in his cozy warm vehicle while we are standing out in the cold. He starts screaming "KEEP YOUR HANDS WHERE I CAN SEE THEM" and gets out, gun drawn. At that point I lost it. I turned around and placed my 2yo back in her seat in my running truck while he is literally screaming at us. I told him I was getting back in the truck and to go ahead and write me a ticket if that's what he was going to do but I wasn't going to freeze to death in the process. He eventually wrote me a warning and we came home.

I wrote my state rep (Flores at the time), and within days got a letter from DPS saying an internal investigation had been launched and apologizing for the incident. The letter said internal affairs investigations aren't made public but to be assured they were taking it seriously.

TDLR reach out to your state rep, they'll get a lot of traction with DPS
O.G.
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Odd that they are enforcing some rules but not others.

I see people on I-35 all the time with unsecured loads, cars pulling other cars (heading South) and all kinds of other.

Not saying that OP doesn't need to make sure he's in compliance, but there are a LOT of others on the road that should be a higher priority.
Corps_Ag12
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O.G. said:

Odd that they are enforcing some rules but not others.

I see people on I-35 all the time with unsecured loads, cars pulling other cars (heading South) and all kinds of other.

Not saying that OP doesn't need to make sure he's in compliance, but there are a LOT of others on the road that should be a higher priority.


While true, businesses typically have deeper pockets in the eyes of the law.
O.G.
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Corps_Ag12 said:

O.G. said:

Odd that they are enforcing some rules but not others.

I see people on I-35 all the time with unsecured loads, cars pulling other cars (heading South) and all kinds of other.

Not saying that OP doesn't need to make sure he's in compliance, but there are a LOT of others on the road that should be a higher priority.


While true, businesses typically have deeper pockets in the eyes of the law.

True, but the rock quarry rigs with the, "NOT responsible for broken wind shields" stickers on the back of them are BS & those companies do have deep pockets.
CS78
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Kinda ignorant on this. What do you have to do to ping their radar? Are they just looking for duallys with heavy duty trailers and pulling people over? Is that a legitimate stop of someone that hasn't broken a traffic law?
yell_on_6th st
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CS78 said:

Kinda ignorant on this. What do you have to do to ping their radar? Are they just looking for duallys with heavy duty trailers and pulling people over? Is that a legitimate stop of someone that hasn't broken a traffic law?


My question as well, seems like he's on the lookout for small rigs and busting them on a tickytack rule. Guess if old Barney feels like he's making a difference then more power to him. It's a SMALL business, three crews who try to work hard every day. Looks like some nerds on here think this is a grievous crime.

I think it's bs

And they were ticketed
I Am A Critic
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yell_on_6th st said:

CS78 said:

Kinda ignorant on this. What do you have to do to ping their radar? Are they just looking for duallys with heavy duty trailers and pulling people over? Is that a legitimate stop of someone that hasn't broken a traffic law?


My question as well, seems like he's on the lookout for small rigs and busting them on a tickytack rule. Guess if old Barney feels like he's making a difference then more power to him. It's a SMALL business, three crews who try to work hard every day. Looks like some nerds on here think this is a grievous crime.

I think it's bs

And they were ticketed

How fast will you become a "nerd" when you're in an accident with someone unlawfully towing a trailer and you have to deal with them and the insurance companies?
Username checks out.
yell_on_6th st
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About as fast as it takes to de-rate a trailer to a lower weight rating. It's not about being overweight, it's about bureaucratic minutia.
EFR
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What difference does it make if it is a small business? If you are doing business follow the rules, other small businesses manage to do it.
Gunny456
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Texas DPS troopers are hardly "Barney's". They are one of the most respected law enforcement agencies in our country.
Being in the marine manufacturing business we have to stay abreast of all the trailer regulations in Texas and other states.
You would be shocked at how many boats are trailered in Texas roads that are illegal. 102" is the maximum width. There are literally hundreds of 96"- 98" beam boats sitting on trailers that are over the 102" total width. If DPS wanted to split hairs a lot of boats can't be hauled on the weekends.
TAMU Wildlife and Fisheries Sciences

Boat racing is like a beautiful woman.......expensive, high maintenance, but well worth the fun!
I Am A Critic
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yell_on_6th st said:

About as fast as it takes to de-rate a trailer to a lower weight rating. It's not about being overweight, it's about bureaucratic minutia.

Clearly that "minutia" is too large for your buddy to overcome.
Username checks out.
drred4
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So years back you just had to get new tags with certain weight ratings axles. Then it changed. If you had rating x and over you also needed to have your trailer inspected. My dad dropped the ratings on our 2 16ft lowboys becasue we just never carried that weight on them.

sorry this info maybe totally useless or I may be misremebering
EFR
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Here is a crazy idea, hire CDLs and haul whatever you want. An issue I have seen is some small operators don't have a CDL so they de rate a trailer. Then someone asks them to haul a large backhoe that he knows the trailer can technically handle. He does one and doesn't get caught, so he continues to do it.
Gigem87818
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https://cvsa.org/programs/international-roadcheck/

International road check week going on right now. I wouldn't doubt it if he gets stopped again.
Dirty-8-thirty Ag
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Outlaw solution: Run farm tags and say you're going from farm A to farm B and thumb your nose at the trooper.


*Just kidding. I like the idea of approaching him about a consultation type role to get the fleet up to code. I think whatever poster mentioned that has the best idea so far.
schmellba99
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SGrem
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The rules are very easy to follow as im sure the trooper spelled them out what was required on first stop. THEN get in compliance.

Second stop not in compliance now you must be taught a lesson and the law enforced to ensure you get in compliance of the law that EVERY BUSINESS with CDL over the highway is required to also follow.

And now you have a target on your back to be checked to confirm you are staying in compliance. Learn the rules and operate legally. Very very simple and easy to follow rules.

I had a manufacturing company in Nuevo Laredo and hauled big F550 and 52ft gooseneck down to Laredo every week for 100k miles a year. Took me exactly one stop to learn the rules and the commercial weights enforcement officers were awesome. Very thorough to explain what I needed and how to stay in service. CDL, TX DOT, correct insurance etc. On that stop i had a single wheel F350 and a 24ft gooseneck. Doesn't matter fell under same requirements.

They stopped me exactly one more time and high fived me and on my way. Waved at me from then on because they knew my stuff was in order. About 7 yrs at 100k miles a yr same route every week.. One stop not being in compliance. A giant list of what needed to happen to follow the law. Second stop all good. And never again.

I never blamed the officer for my ignorance.... and wasnt so stupid thay I would simply ignore their lesson. I shut down and got it all in order. Took about ten days or so and learned a lot. It paid off.
Mas89
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AG

Is this legal? 55ft pipe on 34 trailer
Dirty-8-thirty Ag
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Depends on how well you know your local weights and measurements guy.
ccard257
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As long as it has a small, grease-stained rag that may have been red a decade ago shoved into the end of it.
op_06
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yell_on_6th st said:

Not with me but a good friend of mine, almost a brother. Overrating trailers for his small business, to a point of harassment. Any interest here?

Georgetown, Tx


I'm a DOT guy in the Austin area on the enforcement side. Is your buddy wanting help making sure he's fully out of the regs or you just wanting to complain about enforcement on his behalf?

If he's interested, I can walk him through any scenarios he needs to get squared away offline. I teach this stuff to carriers all the time. DOT guys can't charge for consulting until retired/no longer involved with enforcement so there's no cost associated with it.
one safe place
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op_06 said:

yell_on_6th st said:

Not with me but a good friend of mine, almost a brother. Overrating trailers for his small business, to a point of harassment. Any interest here?

Georgetown, Tx


I'm a DOT guy in the Austin area on the enforcement side. Is your buddy wanting help making sure he's fully out of the regs or you just wanting to complain about enforcement on his behalf?

If he's interested, I can walk him through any scenarios he needs to get squared away offline. I teach this stuff to carriers all the time. DOT guys can't charge for consulting until retired/no longer involved with enforcement so there's no cost associated with it.


Very nice of you to offer. Well done!
WC87
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SGrem said:

The rules are very easy to follow as im sure the trooper spelled them out what was required on first stop. THEN get in compliance.

Second stop not in compliance now you must be taught a lesson and the law enforced to ensure you get in compliance of the law that EVERY BUSINESS with CDL over the highway is required to also follow.

And now you have a target on your back to be checked to confirm you are staying in compliance. Learn the rules and operate legally. Very very simple and easy to follow rules.

I had a manufacturing company in Nuevo Laredo and hauled big F550 and 52ft gooseneck down to Laredo every week for 100k miles a year. Took me exactly one stop to learn the rules and the commercial weights enforcement officers were awesome. Very thorough to explain what I needed and how to stay in service. CDL, TX DOT, correct insurance etc. On that stop i had a single wheel F350 and a 24ft gooseneck. Doesn't matter fell under same requirements.

They stopped me exactly one more time and high fived me and on my way. Waved at me from then on because they knew my stuff was in order. About 7 yrs at 100k miles a yr same route every week.. One stop not being in compliance. A giant list of what needed to happen to follow the law. Second stop all good. And never again.

I never blamed the officer for my ignorance.... and wasnt so stupid thay I would simply ignore their lesson. I shut down and got it all in order. Took about ten days or so and learned a lot. It paid off.


I agree with this. Know the regs or don't participate. Certainly not the Trooper's fault.

Would you allow your children to continue to violate school rules and then blame the school admin if the punishment became more severe after each rule violation?
yell_on_6th st
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WC87 said:

SGrem said:

The rules are very easy to follow as im sure the trooper spelled them out what was required on first stop. THEN get in compliance.

Second stop not in compliance now you must be taught a lesson and the law enforced to ensure you get in compliance of the law that EVERY BUSINESS with CDL over the highway is required to also follow.

And now you have a target on your back to be checked to confirm you are staying in compliance. Learn the rules and operate legally. Very very simple and easy to follow rules.

I had a manufacturing company in Nuevo Laredo and hauled big F550 and 52ft gooseneck down to Laredo every week for 100k miles a year. Took me exactly one stop to learn the rules and the commercial weights enforcement officers were awesome. Very thorough to explain what I needed and how to stay in service. CDL, TX DOT, correct insurance etc. On that stop i had a single wheel F350 and a 24ft gooseneck. Doesn't matter fell under same requirements.

They stopped me exactly one more time and high fived me and on my way. Waved at me from then on because they knew my stuff was in order. About 7 yrs at 100k miles a yr same route every week.. One stop not being in compliance. A giant list of what needed to happen to follow the law. Second stop all good. And never again.

I never blamed the officer for my ignorance.... and wasnt so stupid thay I would simply ignore their lesson. I shut down and got it all in order. Took about ten days or so and learned a lot. It paid off.


I agree with this. Know the regs or don't participate. Certainly not the Trooper's fault.

Would you allow your children to continue to violate school rules and then blame the school admin if the punishment became more severe after each rule violation?


Great analogy! If they made a stupid ass rule like letting men into the girls restrooms that rule should never be followed! Thank you for proving my point, de-rating the trailers is the way it will be handled but it's dumb as hell.

Stupid rule and stupid application of the rule. State rep has also been contacted
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