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  • Commercial vehicle enforcement

    Does anyone know of any place or agency (I work in northwest Indiana just FYI) that provides commercial vehicle safety/enforcement training. We have a number of semi vs. car crashes in our county and I'm interested in some additional training in enforcement, safety, etc. Also would like to get certified in truck inspections but with the strong ISP presence in our area and budget issues, not sure if thats gonna happen. Thanks.

    Adam

  • #2
    Originally posted by bullet126 View Post
    Does anyone know of any place or agency (I work in northwest Indiana just FYI) that provides commercial vehicle safety/enforcement training. We have a number of semi vs. car crashes in our county and I'm interested in some additional training in enforcement, safety, etc. Also would like to get certified in truck inspections but with the strong ISP presence in our area and budget issues, not sure if thats gonna happen. Thanks.

    Adam
    I'm of the understanding that you would have to attend the ISP course that the select troops and few remaining civie MCI's attend which would enable you to write commercial vehicle specific statutes. I don't know if the course is open to non ISP since they are such an exclusive group. I would give the commercial vehicle section a call, check with them and let us know.

    Having browsed through title 8 it is mentioned "department" and "authorized" which leads me to believe enforcement is conducted through statute and administrative code. Enforcement of state admin code is specific to corresponding state regulatory agencies such as excise, gaming, ICO's and ISP.

    In my area it is usually no problem having an MCI make the scene to conduct an inspection for a PI or death involving a commercial vehicle. They should even call one out when none are on duty.

    IC 10-11-3-1
    Enforcement section established
    Sec. 1. There is established within the department an enforcement section of twenty (20) state police officers who, on behalf of the department of state revenue, shall enforce strict compliance with IC 8-2.1.
    As added by P.L.2-2003, SEC.2.


    IC 10-11-3-2
    Enforcement section
    Sec. 2. (a) The enforcement section established by section 1 of this chapter consists of the following individuals:
    (1) A chief enforcement officer.
    (2) Nineteen (19) subordinate enforcement officers.
    (3) Stenographic and clerical personnel needed to carry on the work of the section.
    (b) The superintendent shall appoint all personnel with the approval of the board. The members of the enforcement section:
    (1) must be state police officers; and
    (2) shall be selected, trained, and subject to all the provisions of and vested with all of the authority granted by IC 22-1-1, except that they shall be permanently assigned to and primarily responsible for carrying out the duties imposed by this chapter.
    Upon call of the superintendent, with the approval of the governor, the police personnel assigned to the enforcement section established by this chapter shall be available for general police duty in emergency situations only.
    As added by P.L.2-2003, SEC.2.


    IC 10-11-3-3
    Powers
    Sec. 3. (a) The enforcement officers employed by the enforcement section:
    (1) are vested with all necessary police powers to enforce IC 8-2.1 and rules adopted under IC 8-2.1; and
    (2) may investigate and make arrests for the violation of IC 8-2.1 or rules adopted under IC 8-2.1.
    (b) This section does not abridge or change the authority, obligation, or duty of any other law enforcement officer to enforce this chapter.
    As added by P.L.2-2003, SEC.2.

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    • #3
      thanks for the reply

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      • #4
        Surfer is correct I know my county tried that. There was only one way to get around it and it didnt require training from the CMV academy. COUNTY ordinances. You can make every single code the MCI units have a county ordinance and enforce them all day long. Well at least that is what we were told.

        Comment


        • #5
          I gave the above sections a quick glance and the impression I got was that they do not give ISP exclusive jurisdiction over commercial enforcement nor do they prohibit commercial enforcement unless you have had specialized ISP training. Instead, they simply mandate that ISP always budget for and maintain a minimum number of commercial enforcement personnel at all times and not short that assignment for other priorities. Is there a separate code somewhere that says only specific agencies can enforce commercial vehicle laws?

          FWIW, a number of municipal PDs here in California maintain commercial enforcement officers independent of the California Highway Patrol without conflict. Jurisdiction throughout the state is fairly clear and reinforced by memorandums of understanding between the PDs and CHP. CHP covers freeways, state highways and roadways in unincorporated county areas, City PDs cover anything within the boundaries of their city limits excluding freeways and certain state highways.

          The reason city PDs maintain commercial enforcement is not for accident investigation, but for weight enforcement. Overweight vehicle cites draw huge fines, in some areas running as high as $50,000. One of my buddies is the sole commercial enforcement officer on his 100 member PD. He writes around three overweight cites per week, bringing in $120,000 to $150,000 in fine revenue. That averages out to $522,000 to $652,000 per month. Needles to say, his department treats him like an endangered species.
          Going too far is half the pleasure of not getting anywhere

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          • #6
            Originally posted by Deputyhcsd View Post
            Surfer is correct I know my county tried that. There was only one way to get around it and it didnt require training from the CMV academy. COUNTY ordinances. You can make every single code the MCI units have a county ordinance and enforce them all day long. Well at least that is what we were told.
            Agreed

            The only problem is the training and taking those citations to court. A good CMV lawyer will rip you to shreds if you don't have certified officers.
            This is for all you parents that like to put your kids names on the back of your mini-vans.

            STOP IT! There are predators that will use that information against them!

            Comment


            • #7
              Pardon my ignorance if the answer is obvious to you all. I work in Florida and the same holds truth that only DOT officers can enforce federal statues, however there is a specific statue number that local law enforcement is allowed to use to be able to enforce a number of CMV related issueds (ie. log books, medical cards, load securement, inspection stickers, etc...). I've list our statute below and you can see if Indiana has anything similar. We would write the below reference statute number on the citation and then in the comments section write the corresponding CFR number of the specific infraction.

              316.215 Scope and effect of regulations.—
              (1) It is a violation of this chapter for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden, or fail to perform any act required, under this chapter.
              (2) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.
              (3) The provisions of this chapter with respect to equipment required on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
              (4) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles, except as herein made applicable.
              (5) The provisions of this chapter and 49 C.F.R. part 393, with respect to number, visibility, distribution of light, and mounting height requirements for headlamps, auxiliary lamps, and turn signals shall not apply to a front-end loading collection vehicle, when:
              (a) The front-end loading mechanism and container or containers are in the lowered position;
              (b) The vehicle is engaged in collecting solid waste or recyclable or recovered materials; and
              (c) The vehicle is being operated at speeds less than 20 miles per hour with the vehicular hazard-warning lights activated.
              (6) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
              Last edited by TBL; 03-10-2011, 07:41 AM.

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