Ask The Law™ - May 2006

Questions About Hours of Service & Post-Trip
Inspections Answered by Law Enforcement
(as of May 2006)

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CLARIFYING THE 14-HOUR RULE
Q: We have been told that we can log as many on duty not driving time hours as we want without violating the 14-hour law. Is this correct? Thank you for your help. – Carol, Nebraska

A: (from Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) Part 395.3(a) of Title 49, Code of Federal Regulations states in part: No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle: (2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of 395.1(o). What this means is you will not be in violation unless you DRIVE after being on duty for more than 14 hours. You may work more than 14 hours without re-qualifying as long as you do not drive a property-carrying commercial vehicle in interstate transportation, however any time spent on-duty will count towards your 70 hours in any period of 8 consecutive days.

2005 HOS, 16-HOUR EXCEPTION RULE
Q: The code says weather and traffic are considered adverse conditions. Do flat tires, inspections and stopping to help someone in an accident or if I am involved in one count as an “adverse condition?” I had a flat at a scalehouse in Florida and the Officer told me I could not use the 16-hour rule. What is the law on this under these conditions? – Phil, Georgia

A: (from Staff Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) The answer to your question regarding the 16-hour exception is found in “49 CFR 395.1 Scope of rules in this part.” More specifically in 395.1(o) which states the following: o) Property-carrying driver. A property-carrying driver is exempt from the requirements of 395.3(a)(2) if: 1) The driver has returned to the driver’s normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; 2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and 3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by 395.3(c). 395.3(a)(2) is the section containing the 14 hour rule. This 16-hour provision is mainly for the local pickup and delivery driver who is home every night and allows that driver an exception to the 14-hour rule once a week only if he meets all the requirements of this exemption. The average over the road driver does not return to the same work reporting location five days in a row, so he is never eligible for this exception.

LOGGING POST-TRIP INSPECTIONS
Q: I drive for an LTL company. Is it required for me to show on my logbook a 15-minute post trip Inspection on the on duty not driving line every day? The company requires us to complete a vehicle condition report every day at the end of our tour. – Joey, Tennessee

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) In 396.11, it requires the driver to complete a Driver Vehicle Inspection Report (post-trip inspection) each day the vehicle is operated. The report can be a company report as long as it covers the 11 critical items listed in 396.11. As far as the amount of time required to complete the report, you should log on-duty not driving and show the correct amount of time needed to complete the inspection. See attached 396.11: (a) Report required. Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day’s work on each vehicle operated and the report shall cover at least the following parts and accessories: Service brakes including trailer brake connections; Parking (hand) brake; Steering mechanism; Lighting devices and reflectors; Tires; Horn; Windshield wipers; Rear vision mirrors; Coupling devices; Wheels and rims; Emergency equipment. (b) Report content. The report shall identify the vehicle and list any defect or deficiency discovered by or reported to the driver, which would affect the safety of operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. In all instances, the driver shall sign the report. On two-driver operations, only one driver needs to sign the driver vehicle inspection report, provided both drivers agree as to the defects or deficiencies identified. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated.

~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 April of 2006.