Ask The Law™ - October 2006

Questions on Logging Vacations, DMV Records
& Off Duty Time Answered by Law
Enforcement Officials (as of Oct. 2006)

Brought to you as a public service by Alcoa Wheel Products, Ol’ Blue USA & 10-4. Submit your questions to www.askthelaw.org

LOGGING VACATION TIME
Q: My company recently wrote me up on a FMCSA Log Violation. I took my vacation at the end of July. My last day working was 7-21-06. The next log sheet, dated 7-22-06, I stated in the remarks that I was off duty from 7-22-06 to 8-04-06. My company told me that I needed to make one page for July and another for the time off I had in August. I attempted to find this out in the FMCSA book but didn’t find anything saying that I must do this. I hope you can help me with this dilemma. Who is right? Is it the company or me? Could you tell me where this is stated in the laws? Thank you. Yours truly – Ralf, New Mexico

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) Ralf, I had to read and read to find your answer. It’s one of the things you remember when you read it, but when you go back and try to find it, you have to tear the book apart to find the answer. With that being said, the answer is found in Part 395.8(f)(10). It states that 2 or more consecutive 24-hour periods off duty can be shown on one (1) log page. It doesn’t say anything about from month to month. If they were all consecutive, then this would be allowed. Part 395.8(f)(10) says: Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.

DMV’S DRIVER RECORDS
Q: Is one’s driving record considered public record? Thank you for your time – Connie, Arizona

A: (from Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) The release of information available on any record under the jurisdiction of the Department of Motor Vehicles is governed by the Federal Driver’s Privacy Protection Act (18 USC 2721-2725) and by each state’s Department of Motor Vehicles. In my state, it’s the Nebraska Uniform Motor Vehicle Records Disclosure Act (60-2901 through 60-2912). Nebraska statutes stipulate that all DMV records are protected and are not available to the general public, but each individual state has its own guidelines. The Nebraska DMV may only release driver, vehicle and personal information from their records under the conditions specified in the statutes mentioned above. Information regarding obtaining a Nebraska Driver Record can be found online by visiting www.dmv.state.ne.us/dvr/drvrec/drivrecreq.html. To find your state’s position, visit their DMV website directly.

HOME ALL DAY - DRIVE ALL NIGHT
Q: Is it legal to be at my house and up all day and then leave at night and drive all night? Yes or no? Thanks – Chris, New Jersey

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) The FMCSA Regulations do not address what a driver does during his off duty time. The intent of the rules are for the driver to obtain rest, but what a driver does during those hours can not be enforced if the driver fails to obtain rest while off duty. So to answer your question, YES, you can be off duty at your home and be up all day and then start driving later on that night. Now let me caution you on something. If the above circumstance was to occur and you were involved in a wreck (and the wreck was one of those that you’d want to stop and wake up Bubba because Bubba ain’t never seen one like this before) and you and the company are sued, if the plaintiffs find out that you were up all day and then chose to drive, I don’t think the jury would give you, or your company, a snowball’s chance in hell of winning! Just something to consider.

~ The Ask The Law™ programs, which are provided as a public service by Alcoa Wheel Products™, are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. Founded in 1986, Ol’ Blue, USA is a non-profit organization dedicated to highway safety education and to improving relations between the motoring public, law enforcement and commercial drivers. “Ask The Law” is a registered trademark of Ol’ Blue, USA. This column is copyrighted by Ol’ Blue, USA. Warning: Laws are subject to change without notice. These interpretations were made in September of 2006.