Ask The Law™ - August 2007

Questions about Inspections, Log Procedures
and the 34-Hour Restart Answered by Law
Enforcement Officials (as of August 2007)

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ASSISTING DURING AN INSPECTION
Q: Prior to the 72-hour blitz on Open Road Café, I called in and asked what the ramifications would be if I were to step aside from the truck and sit down during a CVSA inspection and say to the officer, “Fill your boots and have at it.” Since I am required to inspect the truck by myself each day, it is only fitting that the inspector does so also. If it takes longer, so be it. Vernon – Halifax, Nova Scotia, Canada

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) Yes, you are correct about not having to help Law Enforcement with the inspections. No one can make you do that. Let me give you some words of advice though – it might take me a pretty long time if I have to inspect your vehicle by myself and you might not want that to happen.

LOGGING MULTIPLE PICKUPS
Q: When making multiple pickups, what is the proper procedure for logging this? I can usually go into the sleeper for the 1st pickup, but what then? If a person makes four pickups and each pick keeps him at the dock for two hours, he has burned up most of his 11-hours and not gone anywhere. Can a driver show “Off-Duty” when he is not required to be present? I know he can’t shut off the 14-hour clock without taking an 8-hour break, so what can he do? Mike – Idaho

A: (from Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) Your record of duty must accurately reflect your activities for the day. According to the definition found in 49 CFR 395.2(5) “On-Duty” time includes: “All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded.” So, all of your pickups would be normally considered “On-Duty” time. If your motor carrier relieves you of duty while loading or unloading, you may use either your sleeper berth or you may go to an “Off-Duty” status during this time. To be considered “Off-Duty” you must meet the following regulatory guidance: 1) The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying; 2) The duration of the driver’s relief from duty must be a definite period of time, which is of sufficient duration to ensure that the accumulated fatigue, resulting from operating a CMV, will be significantly reduced; 3) If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer. There are no record retention requirements for these instructions onboard a vehicle or at a motor carrier’s principal place of business; 4) During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. You are correct that only an 8-hour sleeper break will stop the 14-hour clock. The loading and unloading time does not count against your 11-hour rule because this rule is based on just your driving time. However, the more time you have to burn up “On-Duty” loading and unloading does limit the amount of time you have available to drive within that specific 14-hour duty cycle.

THE 34-HOUR RESTART RULE IN CA
Q: I run California only and I was wondering if the 34-Hour Reset rule applies to California drivers? Thanks. Barry – California

A: (from Sgt. Pete Camm , California Highway Patrol, Commercial Vehicle Section, Sacramento, California) The 34-Hour Restart rule would apply if a California driver was transporting an interstate load (like towing an intermodal container in or out of a port, transporting U.S. mail, etc). The 34-Hour Restart rule does not apply for a California driver if the intent of the shipper was intrastate (transporting a mixed load from a distribution center to a grocery store, etc). When California adopts the federal HOS regulations within the next 60 to 90 days, the intrastate regulations in Title 13, California Code of Regulations, will allow for a 34-hour restart, provided the Office of Administrative Law approves the regulation change.

~ 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 July of 2007.