Driver Fail to Assist in Level I Inspection - OOS

I recently observed a YouTube video of a driver refusing to assist MCSAP officers in performing a Level 1 inspection. https://www.linkedin.com/feed/ https://www.youtube.com/watch?v=cWW7w70QT6w http://www.realpolice.net/forums/ask-cop-112/109356-truck-driver-refuses-assist-during-inspection.html https://www.thetruckersreport.com/truckingindustryforum/threads/assist-in-inspection.205266/ https://www.reddit.com/r/AmIFreeToGo/comments/44dh88/xpost_from_rtruckers_trucker_refuses_to_cooperate/ The FMCSR Part 396.9 and many states lack guidance on how MCSAP officers can address a lack of cooperation in performance of roadside inspections when a driver refuses to operate the vehicle's controls.

A single event has spread widely across the Internet with potential expansion of the event with more and more drivers refusing to operate the controls of their vehicles. It is my opinion that NASTI procedures sets a precedence in mandating drivers operate the vehicles as directed to assure the state or federal representative is removed from liability issues associated with equipment failures. Vehicles have a variety of control switches to activate lighting and other devices inspected, i.e. windshield wipers, if officers are expected to operate the vehicle's controls then drivers can offer a defense that the officer operated the vehicle incorrectly that the device in question did operate as required.

It is my opinion that if drivers refuse to operate the vehicles' controls then the vehicle should be detained until the inspection is completed per NASTI established procedures. The vehicle would not be OOS; however, the vehicle could not proceed until inspected per NASTI procedures with the driver at the controls. If a driver abandoned a vehicle then states could have the vehicle towed at the company's expense.