Here’s an interesting question I recently received:
“I was parked at a rest area on I-65 finishing up my mandatory rest break. About an hour before I was set to go back on duty, a DOT officer knocked on my door and told me he was performing a Level II inspection. I told him I was off-duty. Can the DOT legally perform an inspection while I’m at a rest stop and technically off the clock? It feels like an invasion of privacy when I’m in my ‘home’ for the night.”
The short answer, unfortunately, is YES.
However, the legal nuances regarding when and how that inspection takes place, especially during a mandated rest period, are governed by a combination of federal regulations and operational policies.
While I personally value my rest and may be less than pleasant if interrupted, personal fatigue does not constitute a valid legal basis for refusing an inspection.
Why rest stops are ‘fair game’
Under 49 CFR § 396.9, authorized federal, state and local officials are empowered to enter and perform inspections of commercial motor vehicles (CMVs) “in operation.”
The legal definition of “in operation” is broader than many drivers realize. It does not simply mean the wheels are turning on the highway. It also includes vehicles parked in public areas like rest stops, weigh stations and even on the shoulder of the road. Because rest areas are public property maintained by the state, law enforcement officers have full jurisdiction to conduct administrative inspections.
CVSA Operational Policy: The “Do Not Disturb” Rule
While the law grants officers the authority to inspect, the Commercial Vehicle Safety Alliance (CVSA) — the body that sets North American Standard Inspection criteria — has issued clear guidance to prevent the interruption of driver rest cycles. Generally, an officer who wakes a driver will have a compelling reason for doing so.
CVSA Operational Policy 15 (formerly Policy 14) states that certified inspectors should not disturb or interrupt a driver who’s in “Off-Duty” or “Sleeper Berth” status for a random inspection … provided the vehicle is legally parked.
The Intent:
This policy aims to prevent forced Hours of Service (HOS) violations. If an officer requires you to assist with an inspection (checking lights, applying brakes, providing paperwork, etc.), you are technically moving from “Off-Duty” to “On-Duty, Not Driving” status. This “breaks” your 10-hour break or 34-hour restart, potentially forcing you to start the clock over.
The Exception:
An officer can legally wake you and require an inspection if there is an immediate safety hazard (e.g., your truck is leaking fuel, a tire is visibly flat, or the vehicle is parked in a way that obstructs traffic).
The “On-Duty” Conflict
If you are required to assist in an inspection while on break, you are legally obligated under 49 CFR § 395.2 to record that time as “On-Duty.” If an officer insists on the inspection despite being told you are on a mandatory break, follow these steps:
- State your status:Politely inform the officer that you are in the middle of a mandatory HOS rest period and that an inspection will interrupt that legal requirement.
- Document the interaction:If they proceed, change your status to “On-Duty” and add a remark in your ELD noting that the change was due to a mandatory DOT inspection.
- Request documentation:Make sure you receive a copy of the inspection report and the officer’s badge number. This documentation is vital for your carrier to explain HOS violations or load delays to the FMCSA or the customer.
The final word:
In late 2025, we have seen an increase in “rest area enforcement” sweeps targeting unauthorized parking and cargo securement. An officer’s duty to ensure public safety will almost always override a driver’s desire for uninterrupted sleep in the eyes of the court.
Furthermore, if you’re parked on a ramp or an area not designated for truck parking, you surrender your protection under the “legally parked” clause of CVSA policy. In those cases, moving the vehicle for safety reasons automatically triggers an “In Operation” status.
In summary, the DOT has the authority to inspect at rest stops because they are public property. However, federal guidance strongly discourages interrupting a driver’s rest for random checks. If you are ordered to comply, do so and document everything. That documentation is your best legal defense against HOS citations.
The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article should not be construed as and should not be relied upon for legal advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. No action should be taken in reliance on the information contained in this article, and we disclaim all liability in respect to actions taken or not taken based on any or all of the content to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.
Brad Klepper is a regular contributor to The Trucker, providing valuable information for drivers and motor carriers. He is also president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation’s commercial drivers. Brad is also president of Driver’s Legal Plan, which allows member drivers access to his firm’s services at discounted rates.
