Question:
Who has ultimate authority over seceret materials on highway d.o.d or the d.o.t
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Sylvia Lowe

Answer:

While DOD may prevent a State Agency from opening the trailer for National Security, the FMCSR is the prevailing power in commercial vehicle enforcement. Most likely unless a vehicle was presenting an immanent danger to the public a vehicle transporting sensitive cargo or documentation would be allowed to proceed without interference. But in most cases Secret shipments are done clandesent with G-Men following and monitoring the load from inconspicuous vehicles.
Why what kind of trouble you stiring up now?
M

Answer:

Was just wondering because we have been harrassed by DOT in Ca. before. And we were put in unsafe conditions by DOT when hauling this stuff. Not trying to stir anything up just trying to get the facts. We are not escorted by G-men but we do have secret clearances to haul it.

Answer:

Wrong M. DOD. Don't pass go. Don't collect two hundred dollars. Years ago, when I was young I won that argument by ordering a young man accompanying a convoy to lock and load his M-16 at a weigh station.
In practice a civilian driver is unlikely to encounter such a situation. If you have, I would be interested in knowing the circumstances. Classified loads are invariably escorted. In addition protocol demands they are supposed to be accompanied by transport instructions as to what to do if stopped. There are many reasons for classification of "sensitive materials", and a little common sense is in order. DO NOT assume simply because you HAVE a clearance and are HAULING for DOD or one of the other agencies the load you are transporting is exempt from inspection. Then there are classified loads and classified loads. What I mean is the classification system actually varies from DIA to CIA to DOD. Sometimes just the destination is classified. The fact classified documents are carried does not necessarily mean the back of the trailer cannot be opened to establish there are in fact sealed cartons carried. Certainly any conflict should be IMMEDIATELY brought to the attention of your superior and their instructions followed. The DOT, after all, is generally on the same side. There are DOD SOP's established for various categories of classified shipments. The Department of Energy has still different guidelines.
The company you work for is required to have an SOP regarding the situation you describe which is supposed to be read by the drivers. Generally sealed trailers which the DOD does not want opened have an accompanying document to be presented to law enforcement authorities along with a 24 hour point-of-contact.
Just remember that nobody likes waves. Most problems can be resolved by a little common sense and courtesy. This question comes under the category of "How many Angels can fit on the head of a pin."

Answer:

When pulled inside a building as per DOT instructions DOD comes along and writes you up for following DOT orders. You are not supposed to park more than 5ft off the highway DOT stops you right on white line
and DOD trans team comes by and gets you
for not parking according to regulations.
How do CYA because the driver is caught in the middle?

Answer:

Newyorktwo the circumstances you described sounds like a military convoy, which is not the same as a DOD civilian move. Commercial carriers hauling freight for hire fall under DOT rules. Government vehicles owned by DOD, DOE, DOT, etc are in an entirely different category. The times have changed and so have some of the methods and rules in shipping government cargo. So while the particular instance you described you had military escort or whatever (M-16 no civilians carry M-16's), civilian contract carriers are controlled by DOT.
Lonestar, technically weighstations are part of the highway system so when you park at a weighstation you're still on the roadway as Federal funds and State funds built the weigh station. I don't think the DOD would double jepardize you if a DOT person pulled you over; afterall, just because you haul government cargo means your exempt from safety/highway regulations you still can't violate HOS, tire checks for hazmat loads, speed limits, etc. To emphasize this point you can see the new rules about safety ratings and interstate commerce at;
See the bottom of the page there are a couple of press releases about DOT cracking down on unsafe carriers.
The DOT is starting a program that prevents companys that have unsatisfactory safety ratings from getting contacts that involove Federal Funds.
M

Answer:

our main thing is hauling explosives for the
DOD. We are told you cannot park within 300ft of a building . Ca pulls you inside . can't park within 5ft of pavement. Dot stops I step out of car onto white line. I have been forced to leave the car unattened. A govt. trans team comes along and writes you up even though you were forced to do so buy the man with the badge and gun. How do you properly cover CYA.
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Sylvia Lowe

Answer:

You pose some very legitimate questions that really should be resolved at a top level. I believe your situation warrents a written (not a telephonic enquiry) to your supervising authority. DOD has a liason officer at the top level with DOT. The fact you are carrying explosives has some significance. M is right, of course about that being a military convoy I was involved with. Explosives are a very unusual and specially regulated cargo. I would be interested to know (1) if a ticket was actually issued (2) was a protest made to a specific officer (name/shield/jurisdiction) who then countermanded your protest and (3) was a written protest made to the jurisdiction. Were your supervisors made aware of the situation? What did they say?

Answer:

I "ve been stopped under 3 different cirstances two of which were very dangerious cirstances. if I had been caught by D O D I could have gont to jail. One was being forced to leave the car unatened. The D.O.T. said he didn't give a damn I was under his control. I talked to Govt. Transteam about it and they said if they had saw it they would have writen me up hence the question who's got ultiment control D.O.T. or D.O.D. we are caught in the middle.

Answer:

When you haul explosives you have a co-driver right? Someone to watch the vehicle while you use the bathroom, sleep, eat, shower, check in with the receiver? Since clearing scales is part of your J.O.B. then your co-driver is also responsible for watching the load while you take care of company business at a scale house! Wake him/her up don't argue with the DOT they're doing their J.O.B., if you can't park your vehicle within 300 feet of a building how do you off load??? The 300 feet is designed to protect private property no prevent you from getting a safety check! The parking within 5 feet of the roadway is meant for taking breaks, looking at a map, or break downs, and even then if the vehicle dies and quits what are you going to do push the car??? Don't try and use one law to avoid another or that DOT man/woman may lock you up you won't have to worry about the DOD.
M

Answer:

for your information the car was left unattende while the other driver woke up and got dressed i was ordered to get out of the car immediatly before the other driver could get to the front seat far as the three hundred feet is false 300feet of where people gather private property has nothing to do with it!!

Answer:

I'll ask again;
If you can't park within 300 feet of a building, how do you unload?
I'm sure that any scale is classified as a safe haven and if not then there are places the State could use to secure your vehicle while you're unavailable.
You're pushing technicalities and you're going to lose, unless you have something in writing that relieves you from the letter of the law you're best bet is to follow the orders of those immeadiately present. Otherwise you're libel to be arrested for or cited for;
1. Failing to obtain a Port of Entry Clearance.
2. Failure to follow a traffic control device.
Or any other local/federal law that pertains.
There is FMSCR 392.2 which requires a carrier/driver to obey the local laws, by failing to cooperate with a lawenforcement type you would be guilty of local AND federal law if I were you I'ld check with your carrier, I'm sure any misapproriate action on your part that could effect their safety rating and any further Government contracts could cost you YOUR job.
Think carefully, and consider grin and bearing it.
M

Answer:

We know what the laws are we are just trying to find out what do you do if you are following DOT direction and a representitive of the Govt comes along and writes you up for what you were told to do? We are not trying to push any issues on this just trying to find out facts.