Ask The Law™ - November 2008
Questions Regarding Brake Adjustments,
Logbooks and More Answered by Law
Enforcement Officials (as of Nov. 2008)
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A SPECIAL “RADIO” ANNOUNCEMENT
Starting December 1st, midnight until 2 a.m. (Central), Ol’ Blue, USA’s “Ask The Law”™ Radio Program will be “live” with Sr. Trp. Monty Dial (Ret.) on the Midnight Trucking Radio Network (WBAP), hosted by Eric Harley and Gary McNamara. This will be a monthly broadcast. To find out more about this monthly broadcast visit www.OlBlueUSA.org/news/nov08.html.
LOGS FOR CMV’S UNDER 26,000 LBS.
Q: I drive a GMC bobtail Class C under 26,000 lbs. with no air brakes. Do I need a logbook if I drive more than 150 miles from my home base? Thanks – Miguel in California
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: In California, a property carrying bobtail under 26,000 lbs. with no air brakes, driven with a Class C license, is considered a regulated vehicle and subject to logbook laws. Even driving under 100 miles you need a log if you don’t report to, and get released from, the same location within 12 consecutive hours. Furthermore, you must not exceed maximum allowed driving times and must have received the required rest time off duty. Finally, your employer must maintain and retain detailed records of your time worked. Anytime you drive more than 100 miles, you always need a logbook.
LOGGING TIME IN THE JUMP SEAT
Q: Can you tell me what the law is on team drivers when the co-driver is in the jump seat but not on-duty? From my understanding, when you drive team and your co-driver is logged on and driving, they have full responsibility of the truck. If you are relieved of all duties, you can be logged off-duty or in the sleeper birth, either one. Can a co-driver be ticketed for being in the jump seat while being logged in the sleeper? We all know that no one stays in the sleeper for 11 hours while the other driver is on-duty. Thank you – John in Arkansas
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: The short answer to your question is yes – the co-driver can be ticketed because he has created a false record of duty status if he is showing sleeper berth time on his log when, in fact, he is sitting in the jump seat. Paragraph (4) of the definition of “On-Duty Time” in 49 CFR 395.2 specifies: “All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth” is on-duty time. This guidance to 49 CFR 395.2 also reinforces FMCSA’s stance on this question: Question 13: What is the duty status of a co-driver (truck) who is riding seated next to the driver? Guidance: On-duty (not driving). The rules require that your logbook be a true and accurate record of your day’s activities. You have to physically be in the sleeper berth in order to record the time on line 2 of your log. Anywhere else in or upon the vehicle is on-duty time and must be logged as such.
ADJUSTING BRAKES ON A CMV
Q: What are the rules for brake adjustment and safety inspections when adjusting your own brakes? If you have to be certified, how do you become certified? Thank you – Susan in Georgia
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: There are two parts to your question. First, in Part 396.19 is where you will find the qualifications for a brake inspector and a brake adjuster. There are three ways that a person can be qualified as a brake inspector/adjuster. Second part is, you are going to start seeing two violations appear on the inspection form when you get a roadside inspection if you are found with brake(s) out of adjustment. The first one will be for a brake(s) being out of adjustment and the second one will be for a defective slack adjuster 393.47(e). The reason for the second violation is according to the manufacturers of the automatic slack adjusters, they should never be found out of adjustment. If they are, then there is something wrong with the slack adjuster and it should be thoroughly checked to see what’s wrong. So you should never be required to make any more adjustments. I do, however, suggest that you go ahead and get qualified to inspect the brakes.
~ 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 10/09/08 .