Question for cops

[rwiiames]

Any Law Enforcement with Commercial Motor Vehicle Enforcement experience please PM me. I have a question.

Thanks

[hammondc]

Does this involve CSA regulations/compliance?

[rwiiames]

Originally Posted by hammondc

Does this involve CSA regulations/compliance?

Although in most states you're not supposed to text and drive (Federal Law prohibits use of a hand held phone, must use hands free, ie headset), I'm most concerned about the privacy question.

While the app is capable of emailing or faxing logs, an enforcement officer could just review them on the device. That's what worries me, handing my unlocked phone over to a cop and not being able to prevent him from exploring.

(Not that I would ever text while driving, you understand. Just asking for a "friend".)

[AdamJoshua]

I don't know what (or want to) your "friend" has on his or her phone that they should be afraid but:

http://bfy.tw/5dqd

[rwiiames]

I just realized my last post made no sense. Here is the basic question I have.

I work for a small company (6 employees) and my boss says that in the near future he is going to put us on E-Logs in anticipation of the mandate coming down. He has decided upon a system that uses an app on our smart phones coupled via Bluetooth to a box containing GPS that plugs into the truck's data port to read the necessary engine data to make it compliant with the mandate. At a roadside inspection the app can fax or email.logs, or the officer can examine them on my phone with the app in "Inspection Mode"

My question is: What protection does a driver have against an unscrupulous officer "accidentally" hitting a wrong button or two and suddenly viewing his text messages and discovering that he may haven sent a text or two while the truck was in motion and writing a ticket for that offense? Not that I would ever do such a thing.

[mosesbotbol]

Originally Posted by Bobalou

If the Boss doesn't, tell him to shove off and find another place to work. Better yet, report Him or Her....

The "boss" can't mandate you to do anything illegal. If you don't comply and get canned or what-have-you for standing your ground; the employer could be in a world of hurt if you take legal action.

[AdamJoshua]

Originally Posted by Bobalou

I'm concerned of anyone who drink drives, text drives, shaving while driving, or any other selfish act that puts others needlessly at risk. My 3,000 pound car is no match for an eighteen wheeler so I'd easily lose that skirmish. A ticket is nothing compared to wrecking families. I'd say Just Don't Do It....pull over if you need to send a text. Most would understand. If the Boss doesn't, tell him to shove off and find another place to work. Better yet, report Him or Her....

My mom was hit and killed by someone not paying attention behind the wheel, she told each of us kids the same thing before we got to crank up the car to learn to drive "It's not a toy it's a 3000 pound death machine". So as all the S.H.I.T. herf guys and my friends all know, I won't even have one drink when I'm driving not even if I have hours before I have to drive, it's just how I am. I see people on their phones and texting while I drive and it seriously pisses me off. People only think of themselves and live by "it won't happen to me", but it does.

[pnoon]

I don't have a problem with it as long as the company is paying for and providing you with a company phone.
Having to submit your personal phone to this? Not so much.

[AdamJoshua]

I'm with Peter on this, there shouldn't be anything to worry about on a work phone anyway, this is why I never accepted one, I didn't want to have to carry two phones.

I would google that app and read up on it, as a interaction guy, I would assume that the person that has the phone starts up the app and the app would only allow someone to view these log files and no way to get out of that app without entering some kind of simple password or ideally use of the biometrics through the fingerprint reader. I would google them and just read up on the app.

[rwiiames]

Peter, Adam,

Good ideas, but it's a free app on my phone. The boss will buy and pay for the gadget that plugs into the truck as well as the service that utilizes the GPS to track state by state mileage for IFTA filing, but we provide our own phones. I don't know of any app that has a logout protocol that doesn't return to the phone's home screen with the phone wide open and --oops, I just accidently opened your text app, and what do you know ... Also, if it were a company phone, that's where messages from the boss would show up, and technically even responding to one with "K" is sending a text, and if the EOBR shows the truck in motion, the fine starts HUGE.

I guess my only real defense is to insist on emailing or faxing the logs.

[Chainsaw13]

Is your phone iOS or Android? Just a quick search of the net showed a way to lock an app in iOS. You need a pass code to open. Solves your question. I'm sure android has something similar.

[rwiiames]

I gave up on iPhone and switched to a Galaxy because every iOS update shortened my battery life.

The logging app has already been chosen.

[AdamJoshua]

Originally Posted by rwiiames

I gave up on iPhone and switched to a Galaxy because every iOS update shortened my battery life.

The logging app has already been chosen.

You mean your "friend" has.

[mosesbotbol]

You really need a separation of work and personal phones; simple as that.

[icehog3]

If I am stopping someone to check on logs, I'm not going to go on a fishing expedition to see if someone sent a text when they were driving.

If I want to write someone a ticket for texting while driving, I'll just look for one of the 50% of drivers everyday who are holding their phone up to their face on the highway.

[Steve]

Originally Posted by icehog3

If I am stopping someone to check on logs, I'm not going to go on a fishing expedition to see if someone sent a text when they were driving.

If I want to write someone a ticket for texting while driving, I'll just look for one of the 50% of drivers everyday who are holding their phone up to their face on the highway.

[mhailey]

I can give you some legal advise:

"Don't do anything that breaks the law."

That will be $235 (30 min researching the issue, 15 min conferencing with my coworkers on the efficacy of the advise, bathroom break of 5 min during which I thought about your issue, 5 minutes composing/editing/finalizing/posting this reply). all total .94 of an hour. .94 X $250 (hourly rate) comes to $235.

I'll send an itemized expense sheet for the ancillary expenses incurred to bring you this sage wisdom.

[Simple1]

In NY, the officer needs to observe you using a handheld electronic device (not just cell phones) with your hands while driving, not including while stopped at a traffic light. A cell phone cannot be searched without consent, unless a search warrant is obtained.

These laws will vary from state to state in terms of specifics, severity, and fines.

[icehog3]

Anyone driving while smoking a cigar gets a thumbs up and a slight twinge of envy from me,. Bob.

[stearns]

Originally Posted by icehog3

Anyone driving while smoking a cigar gets a thumbs up and a slight twinge of envy from me,. Bob.

I've been pulled over twice in different states (not IL) for smoking a cigar. Not because it was distracting, but I suspect because they thought I had something other than tobacco in it. Both times they asked to inspect my cigar immediately. At least on one of those times they let me go right away, I think the officer was pissed off the other time because he searched the car and still gave a BS ticket when he didn't find anything else. He made it pretty clear that he though we dumped something out the window, but it was very much just two people smoking cigars on a drive