Ask The Law™ - March 2007

Questions about Breaking the HOS Rules &
Driving in Bad Weather Answered by Law
Enforcement Officials (as of March 2007)

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

BREAKING THE HOS RULES
Q: Why is it that the various state and federal agencies want to punish the commercial driver when it is the policies of the carriers, shippers and receivers that “force” drivers to falsify logs and ignore the HOS regulations? It seems to be all about punishing drivers with economic ruin. If a driver even attempts to follow the rules, he is considered an undesirable employee and his loads are adjusted to force him to quit. Can someone tell me why the efforts are not concentrated on the real problem? – Mike, Michigan.

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) The answers that I’m fixing to give you will either make you continue to have a dislike for Law Enforcement or it will change your mind about Law Enforcement. Drivers need to stand up to motor carriers that force or encourage them to violate the regulations. When this occurs, drivers are usually forced to leave the motor carrier. You and I both know this happens. There is a mechanism in place for drivers to contact the Federal Motor Carrier Safety Administration (FMCSA) and report these carriers. I’m also here to tell you that there are a lot of motor carriers out there that are willing to hire drivers that abide by the regulations. The FMCSA has a process called the Compliance Review. The selection by which motor carriers are chosen for reviews are based on two ways. The first way is based on the motor carrier’s safety rating. All roadside inspections go into a central database and the data is used to calculate the motor carrier’s SafeStat Rating. Crash information is also used. If a motor carrier gets clean inspections and has very few crashes, the carrier will maintain a “Satisfactory” rating. Motor carriers with a rating of less than Satisfactory are now placed on FMCSA’s radar screen to be watched more closely. There is also another method by which motor carriers are selected for Compliance Reviews – it’s called the Complaint Process. When drivers call or e-mail complaints to FMCSA and provide factual and provable information, FMCSA will generate a review. If the carrier is found to be in violation by allowing driversto violate the regulations, then civil penalties are levied against the motor carrier. These penalties can run into the thousands of dollars. But we need the drivers who feel they are being force dispatched or who need to violate the rules to keep their job to send in their complaints. As for the shippers, receivers and brokers, there currently are no rules on the books that can be used against them. We need drivers and carriers to contact their Senators and Representatives and express their concerns. Whether or not this will do anything I cannot say, but if enough people contact them and they realize it is a problem, then they might change the laws. If you choose to file a complaint against your carrier, go to www.1-888-dot-saft.com/HotlineIntro.asp.

DRIVING IN BAD WEATHER
Q: Is there a toll free phone number and/or e-mail address to report company dispatchers who demand that drivers run in bad weather when the State Patrol says that travel is not recommended? Many times I have had to put my job on the line by refusing to go out in bad weather. Thank you in advance for your help – Dale, Nebraska

A: (from Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) The Federal Motor Carrier Safety Violation Hotline is a line of communication available to commercial vehicle drivers who wish to submit reports of actual or potential violations of the federal motor carrier safety regulations. The toll free number (1-888-DOT-SAFT) is available for drivers nationwide to contact the FMCSA. Additional information may be found on the FMCSA’s website at www.1-888-dot-saft.com/HotlineIntro.asp. The rule (49 CFR 392.14) states: “Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction.” It goes on to say, “If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.” In regards to regulatory guidance for this section, the driver is clearly responsible for the safe operation of the vehicle and the decision to cease operation because of hazardous conditions. In regards to the carriers that “force” drivers to operate in unsafe conditions, Section 405 of the Surface Transportation Assistance Act (STAA) of 1982 (49 U.S.C. 31105) states, in part, that no person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee’s compensation, terms, conditions or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any federal rule, regulation, standard, or order applicable to CMV safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration (OSHA).

~ 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 February of 2007.