Ask The Law™ - June 2007

Questions about Logbooks, Proper CDLs
& Unloading in the Street Answered by Law
Enforcement Officials (as of June 2007)

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

UNLOADING IN THE STREET
Q: I do a lot of flatbed unloading on the street at lumberyards and job sites. I park in the middle of the street to let traffic pass on both sides if possible. But it’s not always enough space for traffic to pass at a safe distance for me to work around and unstrap the load. Who’s at fault if a car hits me while I’m next to my truck getting ready to unload at a job site or business? What if something falls from my trailer and damages a car going by? Who’s at fault then? Thanks – Kevin, Nebraska

A: (from Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) I apologize for the delay in answering your questions – they required some research and I have to admit I wasn’t really able to find you a complete answer. Issues regarding liability tend to be governed more by the statutes addressing civil law, which is normally outside the scope of law enforcement. To answer your first question, center parking (in Nebraska), on any roadway is normally prohibited, unless allowed and regulated by a local ordinance. Loading and unloading zones are also established by local ordinances. If you are parked in an established parking space or loading zone, then it appears you should be okay, barring any negligent activity on your part. Again, liability will be probably determined by what the local ordinances require. In answer to your second question, any damages caused by you because of cargo falling from your truck or being dropped will be your responsibility. You may want to ask these same questions to your insurance company or someone that specializes in civil matters.

ROADSIDE LOGBOOK INSPECTIONS
Q: An older truck driver told me that law enforcement could only inspect my logbook back to the point where I entered the state. So if I flag my logbook when I enter CA, for instance, a California trooper cannot inspect any further than where I said I entered the state. I am a new driver and am not sure if this is true or just a “trucker story”. Can you set me straight? – Jason, Kansas

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) DOT Regulations in Part 395.8 require you to carry the current day plus the previous 7 days of logs with you. Law enforcement can inspect all 8 days anytime you are stopped at the roadside for an inspection. Drivers cannot call another federal agency to come to the rescue when local or state troopers ask the driver for their logbook.

PICKUP TRUCK AND TWO TRAILERS
Q:In California, what is the maximum length for a pickup truck with a fifth-wheel trailer and a boat combination? Do you need a CDL for this? – Bernie, Arizona

A: (from Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) In California, a commercial motor vehicle (CMV) may tow more than one trailer as long as the overall length of the combination does not exceed 65 feet. Additionally, a California resident must posses a “Class-A” commercial driver license with a double/triple (T) endorsement and a valid medical certificate. A resident from another state must possess the proper license and/or endorsement (valid) for towing such a combination from their home state. Per section 21715 of the California Vehicle Code, a passenger vehicle or car is prohibited from towing more than one trailer, and a vehicle under 4,000 pounds may not tow any vehicle over 6,000 pounds.

~ 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 May of 2007.