Can an enforcement officer break open a sealed load during roadside inspections?

Question: Can an enforcement officer break open a sealed load during roadside inspections?

Answer: Yes. An enforcement agency must ensure that cargo seals are only removed during a North American Standard Inspection conducted by a certified inspector during the course duty.

The officer should reseal the load using an ISO 17712 Standard seal, which is embossed or stamped with a unique identification number. When an officer removes a seal, it will be examined for breakage, which is a sign of possible cargo theft or contraband.

If the trailer is sealed with a lock, the officer will ask the driver to open it with a key. If the key is reported as not being in the driver’s possession, the lock will be removed and replaced with a cargo seal.

Officers may record the opening, inspection, and resealing of the cargo via video, audio, or digital images. The driver will serve as a witness to the breaking of the seal and affixing of the new seal. In the event the officer finds cargo securement violations, the load will not be resealed until the problem is corrected.

Inspectors should provide documentation of the seal breakage to the driver/motor carrier and the consignee through a duplicate roadside inspection report, handwritten information on the bill of lading, or a state-specific form. Typically, the officer will provide a name, badge number, agency, and work number. In addition, the record will usually show:

• The date and time the seal was broken/replaced,
• The reason for breaking the seal or lock,
• A replacement seal number,
• Disposition of the old (broken) seal,
• A notation as to whether anything was removed, and
• The broken seal will be given to the driver or placed immediately inside the cargo door of the container.