Posted: 1/12/2011 11:05:29 AM EDT
| So my parents just moved out of Jacksonville and into St. John's County (off of US 1) and have noticed a ton of FDOT cars in the area since they've been there. I was told they're pulling over people in the area constantly. My father rode with the movers just yesterday and their truck got pulled over when they got there. Apparently, this was just to perform safety checks, make sure paperwork and insurance, etc. Do they have to adhere to the same general LEO doctrine concerning probably cause (or whatever the technical term is) or can they randomly pull over trucks, and even private autos, without any justification simply to see if they can find any infractions or laws broken? |
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I do believe they can randomly pull over "Commercial" vehicles at whim. I could be wrong..... But most of the truck drivers I've talked to, that have been pulled over have been doing nothing, but driving...... Well within the limits of speed!
Also I've never seen them pull over private vehicles... not saying it hasn't happened... I've just never seen them. FDOT police can been seen a LOT in the area of 301, in the waldo/hampton area.... I go that way often on my travels to gainesville, and constantly see them with trucks pulled over doing an "Inspection" |
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You're right. Here's the statute: 316.302(8) Any law enforcement officer of the Department of Transportation or duly appointed agent who holds a current safety inspector certification from the Commercial Vehicle Safety Alliance may require the driver of any commercial vehicle operated on the highways of this state to stop and submit to an inspection of the vehicle or the driver’s records. If the vehicle or driver is found to be operating in an unsafe condition, or if any required part or equipment is not present or is not in proper repair or adjustment, and the continued operation would present an unduly hazardous operating condition, the officer may require the vehicle or the driver to be removed from service pursuant to the North American Standard Out-of-Service Criteria, until corrected. |
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Quoted:
You're right. Here's the statute: 316.302(8) Any law enforcement officer of the Department of Transportation or duly appointed agent who holds a current safety inspector certification from the Commercial Vehicle Safety Alliance may require the driver of any commercial vehicle operated on the highways of this state to stop and submit to an inspection of the vehicle or the driver’s records. If the vehicle or driver is found to be operating in an unsafe condition, or if any required part or equipment is not present or is not in proper repair or adjustment, and the continued operation would present an unduly hazardous operating condition, the officer may require the vehicle or the driver to be removed from service pursuant to the North American Standard Out-of-Service Criteria, until corrected. Besides this they have state-wide jurisdiction to pull over anyone (non-commercial) with probable cause, just like FWC officers. They will normally call in a local city or county officer to hand over a non-commercial violator but I know of someone who has a DUI from both a FDOT and FWC officer. |
| Mostly addressed above correctly. I would only add that there's a distinction between commercial vehicles and non-commercial vehicles (private cars). DOT officers are subject to the same limitations on stopping non-CMV's as any other LEO and can't stop them without a valid reason. |
| All excellent information. I had thought DOT can issue citations to private drivers if they see an infraction such as speeding, improper lane changes, or any other regular infractions one could incur from a local or state department, such as Florida Highway Patrol. Thanks for the replies, folks. |
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Quoted:
Got a speeding ticket from one of them... Not a trucker  I have seen FWC cops (especially in the san felasco area of 53rd ave in gainesville) pull people over for speeding... I guess if you're doing that, then you're probably fair game for any LEO.... Ever seen anyone pulled over by the state fire marshall? 
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