Ask The Law™ - December 2008
Questions About Traffic Violations & Points,
Logbooks & More Answered by Law
Enforcement Officials (as of December ‘08)
Brought to you as a public service by Ol’ Blue, USA and 10-4.
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A SPECIAL “RADIO” ANNOUNCEMENT
Beginning in December 2008, and on the first Monday of each month thereafter, from midnight until 2 a.m. (Central time), Ol’ Blue, USA’s “Ask The Law”™ Radio Program will be heard “live” with Sr. Trooper. Monty Dial (Ret.) on the Midnight Trucking Radio Network (WBAP), hosted by Eric Harley and Gary McNamara. To find out more about this monthly broadcast, visit www.OlBlueUSA.org/news/nov08.html.
PENALTIES FOR NOT UPDATING LOGS
Q: How often does a logbook have to be updated? Are there penalties if a CDL driver is stopped and doesn’t have one? – JBL in New Jersey
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: 49CFR395.8(f)(1) states: “Drivers shall keep their record of duty status current to the time shown for the last change of duty status.” 49CFR395.13 requires that a driver failing to maintain a current record of duty to be declared out-of-service. In addition to the out-of-service order, civil penalties may also be imposed by the Federal Motor Carrier Safety Administration and you’ll probably receive a ticket with fines being assessed by the state having jurisdiction. Typically you don’t lose your CDL for not having a logbook, but if you violate the out-of-service order for not having a logbook and are convicted of the charge, your CDL will be disqualified. Additional fines and civil penalties can be assessed in addition to the disqualification. The Federal Safety Regulations place the responsibility for compliance equally on the driver and the motor carrier.
LOGGING TIME AT AN ACCIDENT
Q: How should time spent rendering assistance at the scene of an accident that you weren’t involved in be logged? I recently helped out at an accident and a state trooper informed me my time there was on-duty. Thanks for your time – Frank in Washington
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: I’ve searched all of the regulations and interpretations dealing with hours-of-service and cannot find anywhere that it states that a driver has to record assisting or providing assistance at the scene of a crash as on-duty not driving time. In the definition of “on-duty time” in Part 395.2 it states that a driver is required to log on-duty not driving if the driver is “performing any other work in the capacity, employ, or service of a motor carrier.” If a driver is involved in a crash, Part 390.15 states that the motor carrier will provide any assistance that is necessary. This activity would fall under the “performing any other work for the motor carrier” criteria. So as long as you are not involved in the accident and are there only to provide some assistance, the driver can claim this time as off-duty. Keep in mind that this off-duty time will count towards your 14 total hours, but not against your 60/70 hours in 7/8 days. I can remember back 25 to 30 years ago when responding to crashes. I could always count on a truck driver being there at the scene helping. As time went by, I saw less and less of truck drivers stopping to help. That’s about the time I saw the public’s image of a truck driver go from good to bad. I would like to see the image of the truck driver go back to being favorable with the public. The only way for that to occur is for truck drivers to show the public that they are a caring group of people by stopping to provide assistance when necessary.
OUT-OF-STATE TICKETS & POINTS
Q: When a driver gets a ticket in California for running a red light in a commercial vehicle, how many points does he get and does it go on his driving record? Is the violation reported to the driver’s company? Thanks – Tony in Idaho
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: The Driver License Compact (DLC) is an agreement used by states to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed. The action taken would include, but not be limited to, points assessed on traffic violations. Under the DLC, in order for a driver’s state to penalize him/her for an out-of-state offense, the driver’s state must have an equivalent law. Federal Motor Carrier Safety Regulations (FMCSR) Part 383.31 requires drivers to notify their employer (or the government agency who issued their license if they are not working) of any traffic convictions within 30 days. FMCSR Part 391.25 requires your employer to check your driving record every 12 months for violations. Check with your local Motor Vehicle Department for point counts for traffic violations.
~ 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 11/07/08 .