Ask The Law™ - October 2007

Questions about Cab Lights, 10-Hour Breaks
and Logbook Issues Answered by Law
Enforcement Officials (as of October 2007)

Brought to you as a public service by Ol’ Blue, USA and 10-4 Magazine.
Submit your questions to www.askthelaw.org

CAB LIGHT LAWS IN CALIFORNIA
Q: I am a local truck driver in Southern California. I travel US101 regularly from Los Angeles up to Santa Barbara. Lately I have been noticing a lot of the rock haulers and transfer trucks have removed all of the marker lamps from the cab roof. It has always been my understanding that the Federal Motor Carrier Safety Regulations require a minimum amount of marker lamps on the cab. Is this not true? Michael in California

A: (from Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) The lights on the top of a cab are categorized by two types of lights. The two outside lights are clearance lights and the three lights in the center are identification (ID) lights. Federal law requires both clearance lights and ID lights on commercial motor vehicles. California Vehicle Code (VC) Section 25100 requires clearance lights and Section 25351 VC permits ID lights. A California only truck may have the ID lights removed, but must display clearance lights on each side mounted on a forward-facing portion of the vehicle and visible from the front.

INSPECTIONS DURING A BREAK
Q: If a truck is parked off the side of the road about 30 feet in an area where there are no posted no parking signs, is an officer permitted to wake a driver from his break and administer a DOT inspection. Also, if a driver is on a 10-hour break, can the officer write a citation for a driver not having his logbook current when stopped for that break? David in Texas

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) You are not going to like my answer one bit. Most states have State Laws prohibiting parking on any portion of the states right of way. The states right of way is from bar ditch to bar ditch. The only time parking is allowed on state property is if signs are clearly posted. As for your logbook being current, DOT Regulations in Part 398.8(f)(1) requires the driver to be current to their last entry. If you had not drawn your line up to sleeper berth, then your logbook was not current.

LOGBOOK RETENTION & CORRECTIONS
Q1: I was wondering if you could answer this question for me. I’ve been talking with truckers about the HOS and everyone seems to have a different opinion about the answer to this question. How long does a driver have to retain his old logbooks? I’ve been told all kinds of things – from 6 months to 2 years. What is the legal retention time? Thank you! David in Maryland

A1: (Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB) The answer to your question is found in 49 CFR 395.8(k)(1) Retention of Driver’s Record of Duty Status which says: “Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.”

Q2: I was having a conversation the other night with other drivers and the subject of using white-out to make corrections on a logbook came up. Some say it is okay, while some say it is not. I tried looking it up in the regulations but could not find anything. Any information would be helpful. Thanks. Todd in Nevada

A2: (Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB) The answer you are looking for is found in Guidance Question 12 of the interpretations to 49 CFR 395.8: Question 12: May a driver use “white-out” liquid paper to correct a record of duty status entry? Guidance: Any method of correction would be acceptable so long as it does not negate the obligation of the driver to certify by his or her signature that all entries were made by the driver and that all entries are true and correct.

~ The Ask The Law™ programs 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 2007.