Ask The Law™ - October 2008
Questions Regarding Purple Load Lights,
FMCSA Interpretations & More Answered by Law
Enforcement Officials (as of Oct. 2008)
Brought to you as a public service by Ol’ Blue, USA and 10-4.
Submit your questions to
www.askthelaw.org
FMCSA’S INTERPRETATIONS ONLINE
Q: I can’t seem to find the FMCSA’s interpretations of its regulations on the agency’s website. Do you know how to find the link for this? Thanks! – Jonathon, Ohio
A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Go to www.fmcsa.dot.gov. When you pull up their website, look for “ALL REGULATIONS” on the left side under the banner and then click “GO”. This will take you to another page that will start with Part 658. Scroll down to the part you are looking for and click on it. This will take you to the individual sections for that part. If you see the word “YES” out to the right side that means there are interpretations issued for that particular section. Here’s an example: Scroll down to Part 395. Click on it and it will take you to another page that starts with Section 395.1. Once you are on that page, next to Section 395.1, you will see the word “YES” on the right. Click on it and it will take you to the interpretations issued for Section 395.1. Note: New Interpretations can be added or replaced at anytime.
CALIFORNIA DOT INSPECTIONS
Q1: When performing an inspection, is an officer allowed to enter my truck and push the brake pedal to see if it leaks air? – Erik, California
A1: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California (we’d like to welcome Officer Portilla to our “Ask The Law” team): California Vehicle Code Section 2813 requires every driver of a commercial vehicle to stop and submit to a vehicle inspection when directed by an Officer. Failure to submit to this inspection is a misdemeanor punishable by fine or jail. Since checking the brakes is part of a vehicle inspection, an officer could enter the cab to inspect for registration or any defective safety items, including brakes, steering wheel lash, turn signals and the windshield.
PURPLE LOAD LIGHTS ON A CMV
Q2: Is it legal to use purple lenses on the back of my cab for load lamps or work lights? I always thought that as long as they were not blue they could be used. Is that true? – Jay, North Dakota
A2: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Federal Motor Regulations 393 subpart B requires that all lighting equipment meet the installation and performance requirements contained in Federal Motor Vehicle Safety Standard (FMVSS) #108. FMVSS does not have a provision for purple lights, therefore purple lights are not allowed. In California, Vehicle Code Section 24003 does not allow lighting unless required or specifically permitted in this section.
USING THE SPLIT SLEEPER BIRTH
Q: How may I use the split sleeper birth while making regional runs that are 350-550 miles? At the end of each run, I have three to five hours left to drive. May I use this time in the sleeper? – Don, Indiana
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: To use the sleeper berth provision in the regulations, you need to pair a sleeper berth period of at least 8 hours with another rest period of at least 2 hours of either sleeper berth time, off-duty time, or a combination of sleeper berth and off duty. These two breaks must total at least 10 hours and it doesn’t matter in which order they are taken. The 8 hour sleeper berth can be either the first or second rest period. However, you need to remember to recalculate your 11 and 14-hour rules from the end of the first rest period used. To recalculate the 11-hour rule, count only your driving time following the first of your two rest periods. To recalculate the 14-hour rule, count everything following the first of the two rest periods including off duty, driving, on-duty and any sleeper breaks less than 8 hours. I’d suggest that you check out the “Hours of Service” slide show available on Ol’ Blue, USA’s website for more clarity. Log on to http://www.olblueusa.org/CDL&CMVSafetyInfoCenter/. It should do a better job of showing you how the sleeper berth provision works than what I can explain in this short response.
~ 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 on 9/09/08 .