Ask The Law™ - November 2007

Questions about Tread Depth, Out-of-Service
Orders & Flasher Use Answered by Law
Enforcement Officials (as of November 2007)

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UPDATE ON HOURS-OF-SERVICE
On September 28, 2007, the United States District Court issued an order in the various Hours-of-Service cases, addressing the motion for stay filed by the American Trucking Associations and various requests for rehearing. The order denied all requests for rehearing; so the previous Court’s decision to reject FMCSA’s “34-hour restart” and “11-hour driving” limitation stands. The only modification to the Court’s earlier order is that the mandate is stayed until December 27, 2007, at which time the Court’s opinion will take effect. All rules and regulations in effect as of this date on HOS are continued until at least December 27, 2007, unless the FMCSA brings forward some acceptable new program. To view the Court’s order or for more information, please visit our website at www.olblueusa.org/HOS/update.html.

TIRE TREAD DEPTH CRITERIA
Q: I recently pulled a load in a company truck that had tires with low tread depth. The tread bars were showing on one tire. On the others there were spots where the tread was worn – probably from some heavy skidding. I know that the rule is 2/32-inch tread depth on drive tires and 4/32-inch on steer tires, but how do the tread bars figure in? What if the tire is only bald in one spot? Thanks – Paul in Oregon

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) All we measure is the depth of the tread. A quick and simple way to tell if the tire has enough tread is to take a penny, and with Lincoln’s head pointing down, place it in between the tread. If you can see all of Lincoln’s head, the tire has less than 2/32” of tread depth. As for the flat spots, if you have an area that is two inches square or more, then that too is a violation. For the tire to be Out-of-Service, you have to have less than 2/32” of tread on a steer tire and no tread (slick) on both tires on the same side and on the same axle.

OUT-OF-SERVICE REPERCUSSIONS
Q: My husband had been put Out-of-Service because the main frame on the trailer needed to be welded. He did what he had to do to get back on the road and be legal again. Now he is worried what will happen if he gets put Out-of-Service again on the same trailer. What repercussions will this have on his CDL? Thanks for all your help in advance – Heidi in Nebraska

A: (Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB) Safety violations meeting the Out-of-Service criteria must be immediately corrected before the vehicle may be operated again. If your husband had the trailer properly repaired, this would have corrected the Out-of-Service condition and returned his trailer to service. It is when a person takes a chance, continuing to operate a vehicle that has been declared in an Out-of-Service condition, without making the necessary repairs, that they jeopardize their CDL.

EMERGENCY FLASHER USE IN CA
Q: Can a truck driver be ticketed for using his/her emergency flashers while climbing a hill in the state of California because emergency flashers are only allowed for use in an emergency? Thanks – Kim in Kentucky

A: (from Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) Slow moving vehicles can pose hazards, not only to faster moving traffic but also to themselves. These vehicles can also present an obstruction to the smooth flow of traffic, causing traffic back-ups, particularly on two-lane rural roads. Section 25251(a)(3) of the California Vehicle Code (VC) allows a slow moving vehicle to use its hazard warning lights while on an upgrade, however there are other laws the driver needs to be made aware of. Section 21654(a) VC requires any vehicle proceeding upon a highway at a speed less than the normal speed of traffic to be driven in the right-hand lane for traffic or as close as practical to the right-hand edge or curb. Section 21656 VC requires a slow moving vehicle, on a two-lane highway, with five or more vehicles behind it, to turn off the roadway at the nearest available turnout to permit the vehicles following it to proceed. Section 21758 VC mandates that while on an upgrade, when a faster vehicle is overtaking a slower moving vehicle, the driver must not pass unless it can be done within one quarter of a mile.

~ 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 October of 2007.