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15
Sep
Warnings
Everybody wants a warning. Nobody wants to pay fines. When police officers stop motorists for traffic violations, the conversation invariably turns to whether or not the officer will issue a warning for the infraction instead of the citation. Sometimes the request turns adversarial when the driver pleads the wrong way for the wrong reason. Whether the violations happen in cars or trucks, the same story occurs. This week we will look at the warning ticket system and how it pertains to commercial vehicles.When it comes to overweight violations, police officers have a statutory mandate to follow. In 625 ILCS 5/15-112(b), the General Assembly has legislated that police officers “shall” require the driver to legalize the load. In the event a police officer chooses not to cite a driver for an overweight ticket, he still must comply with this directive. To issue a written warning and not require the load be made legal weight could put an officer in a position of liability if the truck crashed further down the road. Would it make sense for a police officer to document a drunk driver on a warning ticket and then let the motorist continue on his way?
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08
Sep
Breaker 1-9
Nothing evokes the personification of American trucking like the word “convoy”. The movie, the song, and the CB handles have lived on for decades in this country since the popularity of the industry reached an all-time high in the mid-1970’s. On Saturday October 6th, 2012, the Illinois Truck Enforcement Association is partnering with the Special Olympics/Law Enforcement Torch Run to bring the World’s Largest Truck Convoy to Illinois. Illinois joins twenty-two other states and four Canadian provinces hosting this event. The ITEA is calling you to action…step out and make a difference!Hey – did you notice the economy of the United States is a huge mess? Everyone is in this together. No one – regardless of occupation, social status or faith values – has been able to avoid the fallout of this crisis. Charitable giving has seen a decrease in giving as well, but ironically the margin is small compared to what has happened to the economy as a whole. As times goes on, the scholars will study this phenomenon and explain why a nation on the brink of bankruptcy continues to give selflessly. Maybe the answer is simple as…Americans are generous. For all the global negativism America receives about its decadence, a study comparing the philanthropic nature of the USA would be a welcome relief.
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25
Aug
FMCSR Week 9: Apples Do Not Explain Oranges
When local police officers are instructed in quasi-enforcement of the FMCSR, they are falsely admonished they are not actually doing FMCSR enforcement but enforcing the State code. In an earlier post, the idea of “shoehorning” FMCSR violations into the Illinois Vehicle Code were discussed…these are violations that have no equivalent between the two codes. However, there are some violations of the FMCSR that closely resemble statutes in the IVC. This post will look at two such violations and how local police officers are being trained to improperly modify the IVC using the FMCSR.Read more -
18
Aug
FMCSR Week 8: Community Caretakers
To protect and serve. The sloganeers from a past generation of law enforcement penned that phrase…and for good reason. It represents the “necessary-good” side of police work. The citizens depend on police officers for their security. […]
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11
Aug
FMCSR Week 7: Search & Detain
Any person drawing breath in the United States can affirm the litigious nature of our society. Though sometimes abused, the ability to levy civil remedies when constitutional rights have been violated is an important piece of our justice system. Police […]
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04
Aug
FMCSR Week 6: Shoehorning
Have you ever tried on a new pair of shoes at the store that are not broken in? You try using your finger to pull back the material, but your fingers take up too much space and it hurts to […]
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28
Jul
FMCSR Week 5: Reporting
Access is privilege. Privilege is trust. A teenager gets a job at the local hardware store and is issued keys to open cabinets with high value items. He is being trusted with a privileged access necessary for job performance. Police […]
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21
Jul
FMCSR Week 4: Training
Prior to the economic downturn this nation has faced the last five years, police department training budgets were large. Many police agencies have had to slash training costs and reduce training time in order to meet minimum staffing requirements. Police […]
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14
Jul
FMCSR Week 3: Legal Authority
Truth 1: federal law is enforced by the federal government only, except when States are mandated or authorized to share concurrent authority. Truth 2: interstate commerce is big business and highly protected in the United States. A quick internet search […]
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07
Jul
FMCSR Week 2: Philosophical Authority
Imagine these scenarios… One Monday morning you walk into your local train station for your daily commute to Chicago and there is an immigration checkpoint set up by the city police department. Your failure to carry your birth certificate and […]
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