Why Cutting Truck Washing Is a Costly Mistake
Budgets are getting tighter with a shifting economy and we have heard trucking companies “cut” their truck washing services because they considered it a “non essential expense”.
Why Police Pull Over Dirty Trucks More Often
I was a police officer for 15 years and in my experience we always were more likely to pull over a dirty truck than a clean truck. Why is this? Because the clean trucks had a higher probability of having well maintained equipment. With that being said they were less likely to fail an inspection and would waste our time. Our goal was to make sure the trucks were road safe and not a danger to the public. I have worked multiple collisions and in the beginning of my career they were quite traumatic (then after a few years I became numb to the incidents). Just because I became numb to these events doesn’t mean the public will be. It was common for us to pull over a dirty truck and then notice they are missing a mud flap (or not within 8 inches of the ground which we used the foot test to ensure they were not too high, which causes more rocks and dirt to be thrown at the vehicle behind them).
Truck Washing Is About Safety, Not Just Appearance
To put it plainly, trucks are washed for more than the cosmetic aspect in business.
Key Texas Laws That Make Dirty Trucks a Liability
In Texas, it is illegal to have a dirty license plate that is obscured by mud, dirt, or other material, according to Texas Transportation Code Section 504.945. The law prohibits any substance that "distorts angular visibility or detectability" or "alters, covers, or obscures the letters or numbers of the license plate number or color of the plate". This also applies to reflective or illuminated covers, stickers, or other devices that interfere with readability.
In the city of Houston currently the fine for a dirty license plate is $300. And it is not just the fine you need to consider, there is a “safety rating” trucking companies have that give them access to larger scale customers and if they fail these ratings they are not allowed to enter these customers sites.
How a Dirty Truck Can Trigger Multiple Citations
To top it off, getting pulled over for a dirty license plate opens more doors for problems. Once pulled over the officer or DoT inspector can find more reasons to put you out of service when they get a closer look at your equipment.
Obscured DOT Numbers and Their Criminal Consequences
Also, there is an additional law to consider, Texas Transportation Code § 547.381:
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It is illegal to operate a vehicle with any device that "impairs the required effectiveness of headlamps, tail lamps, reflectors, etc.".
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This includes anything that obscures the lights, such as dirt or added equipment.
There are already two citations you can receive for not washing your trucks that can be applied in one traffic stop.
But wait, there is more!
Texas law requires certain commercial vehicles to have clearly legible markings, including the owner's name and USDOT number, on both sides of the power unit. Obscuring these markings is a violation, covered under Texas Transportation Code § 642.002 for commercial vehicles and § 502.475 for other motor vehicles, with penalties that can escalate to a Class B misdemeanor if the obscurity is intentional.
When doing highway interdiction for narcotics one thing we were hawks for was looking at the USDOT # on the trucks. If someone were to place dirt or grease over the USDOT number to make it illegible this is something we would call “an indicator”. They are hiding that number because they knew we were looking for that number. There is an enhanced penalty if you are “intentionally” obscuring your DOT numbers on your truck. But even just being negligent and having a dirty truck covering this number is a class C Misdemeanor and can get you pulled over and fined. This creates a third law violation that can occur from a truck being dirty, and something to consider when you are deciding what non essential services are.
Notice what I said earlier? I will put it plainly. Not washing your truck in the eyes of Texas law is considered “negligence”. Negligence is the circumstance where you “ought to be aware” that a law violation has occurred from your action OR lack of action. Negligence is not a defense to prosecution, as indicated by Texas Law.
Officer Discretion: Why Minor Dirt Still Gets You Pulled Over
These laws are also very vague. They use the word obscure, not completely cover. This gives officers what is called “discretion” and can cause us to do what we would call back at the PD a “chicken shit traffic stop” and give them probable cause to pull you over for what would be considered “barely a violation”. These can be easier to dismiss in court, but this creates a lot of headache for the company owners, managers and especially drivers.
The Financial Impact of Being Stopped or Put Out of Service
For companies who have limited manpower it is extremely important to utilize the hours allotted to your drivers for driving. Being pulled over can cause delayed deliveries. You are also paying a driver their hourly wage to be pulled over instead of driving. The worst scenario here is if you get pulled over for a dirty truck and get hit with a full blown inspection and FAIL the inspection, the officer will essentially shut your driver down and won’t be able to drive off. So you have a hefty tow bill AND delayed deliveries. The amount of money being lost from a driver being shut down is usually WAY more expensive than the cost of the citation itself
Important Advice for Drivers During a Traffic Stop
This next message goes to our drivers. When being pulled over, be polite to the officer. Like you, they are also just doing their job and are human beings. It is not uncommon for an officer to pull over a truck driver with the intention of issuing a warning for a minor violation(like a dirty license plate), and then the driver speaks to the officer in such a way that convinces the officer a ticket is warranted. Is this right? This would be arguable but I believe most people would lean towards this not being right. But just because you think it isn’t right doesn’t mean it won’t happen. If the officer is rude and condescending 9 times out of 10 there will be a recording and you can make a complaint with the agency to review the dash cam or body cam footage(I can say first hand any time I was rude on a traffic stop and a complaint was made, I was in my supervisors office and the visit was less than pleasant). The officer's name and badge number will be on your citation, so you don’t have to cuss the officer out demanding a badge number. Don’t take matters into your own hands during the traffic stop, it will go against your best interest.
How to Dispute a Dirty Plate Ticket Without Breaking the Law
If you are fined for a dirty license plate and felt it wasn’t really dirty, I recommend taking a photo of it immediately AFTER the traffic stop is COMPLETE and the officer advises you are free to go so you can bring it to the courthouse to address why you felt the violation was not valid. Make sure that the photo is time stamped so that it is obvious that the picture was taken right after the traffic stop. Also consider that the officers are a walking recording device so DON’T wipe the dirt off and then take a photo claiming it was clean when you were pulled over, this can get you thrown in jail.
Perjury (§ 37.02): Making a false statement under oath with intent to deceive and knowledge of the statement's meaning.
Tampering with or Fabricating Physical Evidence (§ 37.09): This offense covers altering, destroying, or concealing evidence during an investigation or official proceeding with intent to impair its use as evidence, or presenting false evidence with intent to affect the outcome. Using a photo of a cleaned license plate while claiming it was clean during the stop could fall under this statute.
Cleaning the plate after the stop might be viewed as altering evidence from its state at the time of the offense, and using the photo in court could be considered presenting false evidence to mislead the court.
What Fleet Managers Should Check After Every Wash
Alright back to our fleet managers and mechanics!
When you are grading on how your equipment is getting washed, does the equipment look good? That is not the only thing to be checking. It is wise for fleet managers and mechanics to ensure the license plates, DOT decals and lights are properly cleaned and dead bugs, dirt and debris are not left on these items because they are a target for traffic stops (and DPS looks for this in Texas). Regardless if it is Texas Commercial Wash, another mobile fleet washing company, The Blue Beacon or your own in house washing staff, it is important to make sure these items are cleaned.
Also consider that we are talking about washing trucks in Houston Texas. Many of the laws I have cited on this blog are a national standard and it would not surprise me if every state has these laws in place. And in some states they may even have more strict laws on this getting done.
Clean Trucks Improve Brand Image and Driver Morale
Now aside from the legal aspect, it has become apparent to me many drivers care about the appearance of their truck and they appreciate them staying clean. Many drivers have pride in their truck and want the truck to be presentable (they spend thousands of hours a year in them so it is logical). Keeping the trucks clean also creates a positive brand for your company, so in this stance you are also helping your sales and marketing personnel hit their target numbers by creating a good image and having a consistent clean brand to advertise your company.
Conclusion: Clean Fleets Save Money, Reduce Risk, and Protect Your Business
In conclusion, keep your fleet clean because it will benefit your company in the long run and this is a service you can’t just ignore, it has to be done.