Ask The Law™ - September 2006

Questions on Team Drivers, Working Hours
and Logbook Guidance Answered by Law
Enforcement Officials (as of September 2006)

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

WHAT IF MY TEAM DRIVER QUITS
Q: I am part of a team operation. Half way through a trip, my co-driver quit and left with everything of his, including all his logs and paperwork. If I get stopped for an inspection, how can I prove that I actually had a co-driver and am not fudging my log for extra hours? I was told there is nothing that can be done, other than to fight any citations. Many thanks – Fred, Kentucky

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) This is a very good question. I have searched through all of the regulations and interpretations and can not find anywhere this example is used or even addressed. Here are some of my suggestions to you. When driving as a team, never let the same team member buy all the fuel. Let each member alternate purchasing fuel. The reason being, you have receipts that identify each team member. Never turn in receipts until you get back to the terminal. By having receipts available in the truck if stopped, you have a way to match fuel receipts to log books and show that there where two members originally in this team when the trip started. If one of the team members makes a decision to leave the motor carrier during a trip, the remaining team member will have receipts to show that there used to be another team member. Law Enforcement will recognize this and shouldn’t penalize the remaining driver by showing the driver falsified their logs. Another suggestion is to have the motor carrier send the remaining team member a fax that can be carried in the vehicle showing the name of the other team member and the date, time and location where the team member got out of the vehicle. This, again, will let Law Enforcement know that after this date, time and location, the vehicle was being operated with only one driver. And lastly, you have to be able to convince Law Enforcement that originally there where two members in this team when the trip started. If Law Enforcement is not convinced nor are they convinced with the documentation presented, you will be placed out-of-service for violating the Hours of Service Rules and possibly cited.

HOURS YOU CAN WORK
Q: The new HOS regulations allow a driver to drive 11 hours per day, but on-duty not driving hours (line 4 of logbook) are limitless, provided a driver remain under the 70-hour rule. Is that correct? For example, I drive from midnight to 5 a.m., take an hour break off duty, then drive again from 6 a.m. to 11 a.m. and then unload for 10 hours. Is this legal? Thank you – David, Maryland

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. But remember, any time spent on-duty will count towards your 70 hours in any period of 8 consecutive days.

DOT GUIDANCE ON LOGGING
Q: I need some help in the form of a simplified written guide (with examples) for legal logging, with a DOT letterhead, for self-reference and to communicate to my employer. Thanks for your help – Bob, New York

A: (from Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) I think we may have what you are looking for. The Nebraska State Patrol (NSP) provided Ol’ Blue, USA with our 2005 HOS training materials to be posted on their website. These are the same slides the NSP used to train their troops on the new HOS. Visit www.cdlsafety.org and click on the “2005 Hours of Service Flash Slideshow From NSP & FMCSA” to see it. The slideshow can also be printed from the website for future reference, but it won’t be on DOT letterhead as you had requested.

~ 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 August of 2006.