Ask The Law™ - September 2007

Questions about CMV Speed Limits and
Logging Time in a Company Car Answered by Law
Enforcement Officials (as of Sept. 2007)

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SGT JIM LEAVES NE STATE PATROL
Segeant Jim Brokaw has been extremely supportive of Ol’ Blue, USA and the trucking industry for many years. He has decided to leave the NSP to go into the “private sector” after nearly 23 years of service. This will be a great loss to our industry, but we wish him well. However, we are honored to tell you that Sgt. Jim remains committed to our organization and will continue to volunteer his services with Ol’ Blue, USA. This is a great tribute to his values and to our safety organization. We are very appreciative.

SPEED LIMITS FOR TRUCKS IN CA
Q: What is the correct speed for a two-axle truck bobtailing? I have heard that it can do the speed limit posted for cars. What about the posted speed for a downhill grade? For example, the downhill speed on the grapevine for trucks is 35 mph. Do bobtailing two-axle trucks have to obey that speed? Thank you, Albert – California

A: (from Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) California Vehicle Code (VC) Section 22406 reads in part: “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour: (a) A motor truck or truck tractor having three or more axles or any motor truck or truck tractor drawing any other vehicle.” Additionally, Section 22407 VC also states: “Whenever the Department of Transportation or local authority determines upon the basis of engineering studies and a traffic survey that the speed of 55 miles per hour is more than is reasonable or safe for vehicles mentioned in subdivision (a) of Section 22406, which have a manufacturer’s gross vehicle weight rating of 10,000 pounds or more, in descending a grade upon any portion of a highway, the department or local authority, with respect to highways under their respective jurisdiction, may determine and declare a speed limit of 50, 45, 40, 35, 30, 25, or 20 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared speed limit shall be effective for such vehicles when appropriate signs giving notice thereof are erected upon the highway.” Therefore, if you are driving a two-axle motor truck and not towing another vehicle, you may drive the same posted speed limit as other vehicles.

LOGGING TIME IN A COMPANY CAR
Q: I drive a mail route starting in Kansas and ending in Dallas, TX. My boss provides me a company car to drive back to Kansas so that I don’t have to wait around for the next route, which starts on Tuesday. The second driver drives the car back to Dallas to pick up the rig for Tuesday’s mail run. Do we have to show this “company car” driving time in our logbook? We are not paid for this time. Thank you for the information. Anthony – Kansas

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) You are not going to like my answer. The time driving the company vehicle from Dallas, TX back to Wichita, KS and from Wichita, KS to Dallas, TX is required to be recorded as “On-Duty Not Driving” time. I found an interpretation in Part 395.1 that I think gives you your answer. The reason why the time is going to be recorded as “On-Duty Not Driving” is because the vehicle is owned by the motor carrier and is being driven at the direction of the motor carrier. The driver that drives the vehicle from Wichita, KS to Dallas, TX will only be able to drive until they reach their 14-hour limit. The driver driving from Dallas, TX to Wichita, KS will be over his or her 14-hour limit, but they are not operating a commercial vehicle. The rules state: “Question 14: How must a CMV driver driving a non-CMV at the direction of a motor carrier record this time? Guidance: If CMV drivers operate a motor vehicle with GVWR of 10,000 pounds or less at the direction of a motor carrier, the FHWA requires those drivers to maintain records of duty status and record such time operating as On-Duty Not Driving.”

~ 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 August of 2007.