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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 06-17-2013, 08:01 PM   #1
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Caught bypassing weigh scale and fail to produce inspection report.

Hi guys, my dad is a commerical trucker, he was ticketed recently. The description of the offence were: bypass weight scale section 7.02 (2) and fail to produce inspection report 37.23 (6).

My question is:

1.Are there penalty points given to these offenses because I couldn't find them online.

2. Can my dad dispute the ticket completely if he negotiated with the officer outside the court room by saying he can't have points on his driver license for trucking industry?

This is my Dad's first violation ticket, he didn't see the weigh station and the cop was waiting for him. He asked the cop nicely if he could go back to the weigh station or if he could receive a warning, but it didn't help. And my Dad wasn't carrying excess load when the cop asked him to open the back door.

I really hope he can dispute the ticket, it's really not the $ that matters, but in order to be a truck driver, he has to have a clean record.

Thank you for your help in advance!
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Old 06-17-2013, 09:24 PM   #2
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dispute the ticket is the only thing you can do then
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Old 06-17-2013, 09:57 PM   #3
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As far as I know, it may now be a CVSE problem as well - I think your dad should call as many people as he possibly can to work out some sort of deal.
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Old 06-18-2013, 06:25 AM   #4
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Not knowing the circumstances, other than as you have told us, here are my thoughts..I'm not slamming your Dad but you weren't there, nor was I. I agree with your statement that he needs to have a clean record to be a trucker, however, he gets that clean record by following the very well-known rules.


He didn't produce his pre trip inspection and missed seeing a weigh scale? If he is a professional trucker those are both very basic things to comply with. The pre trip must be done before using the truck that day & kept on hand for several months I believe. The ones I saw always were in a book form, not just a single copy. It must be produced on demand. In my experience a "fail to produce" VT was usually given instead of not having done a pre-trip, because it was easier to prove in court. All the trucker would have to do to get off a "fail to inspect" was to show up in court with one, filled out after being caught.

My experience has been that truckers who can't produce one, didn't do one. I usually proved that by finding defects that should have been noted and repaired before starting to use the truck. Maybe the CVSE guy found that? As far as not seeing a weigh station, professional truckers all know where they are and unless they are a temporary one, they are huge expanses of pavement right at the edge of a highway and almost impossible to miss by accident. Which one was it?
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Old 06-18-2013, 08:38 AM   #5
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Quote:
Originally Posted by zulutango View Post
Not knowing the circumstances, other than as you have told us, here are my thoughts..I'm not slamming your Dad but you weren't there, nor was I. I agree with your statement that he needs to have a clean record to be a trucker, however, he gets that clean record by following the very well-known rules.


He didn't produce his pre trip inspection and missed seeing a weigh scale? If he is a professional trucker those are both very basic things to comply with. The pre trip must be done before using the truck that day & kept on hand for several months I believe. The ones I saw always were in a book form, not just a single copy. It must be produced on demand. In my experience a "fail to produce" VT was usually given instead of not having done a pre-trip, because it was easier to prove in court. All the trucker would have to do to get off a "fail to inspect" was to show up in court with one, filled out after being caught.

My experience has been that truckers who can't produce one, didn't do one. I usually proved that by finding defects that should have been noted and repaired before starting to use the truck. Maybe the CVSE guy found that? As far as not seeing a weigh station, professional truckers all know where they are and unless they are a temporary one, they are huge expanses of pavement right at the edge of a highway and almost impossible to miss by accident. Which one was it?
Thank you for your responses. My dad was driving a company truck, I guess the company didn't have the inspection report. And for missing the inspection site, and this not being an excuse and it is his fault. But it is his first time delivering to multiple locations in this new district in greater Vancouver, He was trying to find his location and the location demanded the goods by blank o clock. So he was in a rush. I know it's not an excuse, but I hope this mistake isn't very costly.

edit: My dad has a class one license, but he currently is working for a company that have only class 5 trucks, you know those big ones, or maybe they are called 2 axles. So he is trying to accumulate experiences before he can apply for a class 1 truck jobs. And points on his record definitely won't help.
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Old 06-19-2013, 07:50 AM   #6
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Originally Posted by bmwx1 View Post
Thank you for your responses. My dad was driving a company truck, I guess the company didn't have the inspection report. And for missing the inspection site, and this not being an excuse and it is his fault. But it is his first time delivering to multiple locations in this new district in greater Vancouver, He was trying to find his location and the location demanded the goods by blank o clock. So he was in a rush. I know it's not an excuse, but I hope this mistake isn't very costly.

edit: My dad has a class one license, but he currently is working for a company that have only class 5 trucks, you know those big ones, or maybe they are called 2 axles. So he is trying to accumulate experiences before he can apply for a class 1 truck jobs. And points on his record definitely won't help.
Sometimes when driving a fleet vehicle the pre-trips are done by a mechanic and then signed off by the driver (your Dad) but the responsibility is on the driver to make sure it was actually done and to retain the report as required by law. If the CVSE inspector entered the NSC Number on the VT then that will go into the database for the company that owns the truck.

I understand the pressure of being on time but can't see how anybody "missed' a brake check loaction. Some may suggest it may have been missed because of time pressure?

Your Dad has the right to dispute the VT and as court dates are 1-2 years from the date charged these days, that may be of assistance in his application as the tickets would not show on his abstract until conviction.
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Old 06-19-2013, 11:34 AM   #7
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CVSE can be big dicks I have heard. But when it really comes down to it, your dad should have stopped.

Your dad can dispute the ticket but i will guarantee if he tells the court he didn't see the weight scale they are going to wonder why he wasn't paying attention. Im not trying to pick sides but the weight scales are pretty well marked and there is no reason why he missed it.

He fucked up, to put it bluntly. What I have found when I screw up at work is to just be honest about it to my employer and tell them what happened.

Good luck ,
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Old 06-19-2013, 12:16 PM   #8
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I am a commercial truck driver, i drive a company truck and pre trips are my responsibility. if my company fails to provide me with my pre trip book it is my responsibility to ask for one or else i will not go behind the wheel and start driving. Like your dad i started with a 5ton then quickly moved to a tractor within the company, i manage on doing so because i was responsible for my own actions. I treat the pre trip book like my drivers license or my cellphone as most people can not leave home without it.

When i am at a CVSE check point. i have the following ready

-Drivers License
-Pre Trip Book
-Drivers log sheet

I shake my head when i see/hear drivers infront of me giving out excuses to the CVSE officers like..

- i have my pre trip done, but i left it at the office.
- i was not aware those 8 skids are 15000 pounds, they look light to me. (applies to 5ton, single axle)
- i am lost and had to drive down a non "truck route" road. (while caught in a residential area)

some drivers forgot to do a pre trip, and does it half way down the route. lol
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Old 06-19-2013, 06:15 PM   #9
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CVSE wasn't with the police at the time when my Dad got pulled over. My Dad found the inspection report the day after the incident, it's his fault. My Dad also drove to the same location the second day after the incident, he said the police were there again and a few truckers have been caught for missing the weigh scale. Seems like a popular location. It was delta police and the location is hwy 91/nordel way to be specific if you guys know where that is.
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Old 06-19-2013, 09:07 PM   #10
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CVSE can be big dicks I have heard.
It is these people that keep defective commercial vehicle off the road. Remember a few years ago there were trucks that slammed into a wall because of defective brakes.
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Old 06-19-2013, 10:05 PM   #11
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CVSE has been in delta the last couple of days right after the 64th lights heading southbound on Scott road and once u get onto highway 91 from Ladner truck road headed towards Alex fraser


If he missed the weigh scale, I think he did, he must not have been paying attention you can see the scale when ur coming over the bridge very easily and there are two signs.
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Old 06-21-2013, 04:42 PM   #12
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There was actually a commercial vehicle inspection blitz at the scales and beyond the regular scale signs there were multiple large orange signs indicating all trucks must report for inspection etc.... Pretty hard to "miss".
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Old 06-22-2013, 05:57 AM   #13
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It is these people that keep defective commercial vehicle off the road. Remember a few years ago there were trucks that slammed into a wall because of defective brakes.
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Lest we forget the Horseshoe Bay massacre and the Upper Levels crush deaths due to commercial vehicles with non-functioning brakes and falsified pre-trip reports.
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Old 06-27-2013, 06:29 PM   #14
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Less than 10% of trucks going through Delta are safe: police | News1130

WOW. I am surprised at this low rate.
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Old 06-28-2013, 05:41 AM   #15
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I'm not, based on my experience. Lots of pressures to cut corners due to things like increasing fuel & repair costs, long work hours (often beyond legal limits), bosses pressuring drivers to cut corners, old machinery not being replaced and the fact that some drivers just don't care and are too lazy and are prepaired to break the laws.
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