Ask The Law™ - April 2008
Questions Regarding Bracketing Time
Periods,
On-Board Recorders & More
Answered by
Law Enforcement Officials (as of April 2008)
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BRACKETING TIME PERIODS
Q1: I have a question regarding the bracketing of time periods in the remarks section of the logbook. I was taught that if you are in one location for a period of time (for example 3 hours), you must flag the beginning of that time period and bracket it by drawing a vertical line down from the bottom of the graph at the end of the time frame. For example, if the time period began at 1400 hours, 1400 would be flagged and a vertical line would be drawn down from 1700, about 1/2 inch long, and then a horizontal line drawn from the bottom tip of the 1/2 inch line back to the flag at 1400. This indicates that the driver was at that location for the entire time. I was also taught that in lieu of bracketing in that time frame, a flag could be drawn at the beginning of the time period (1400) and another flag drawn at the end (1700). Any time on line 3, of course, cannot be bracketed since the driver is not in one place. I read the rule (www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?section=395.8) and it does not specifically state that the bracketing is required, but in the example grid, a form of bracketing is present. Could you please clarify this for me so that I can have our drivers do it correctly? Thank you for your help. – Scott in Mississippi
A1: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: What you are telling me is indeed shown in the DOT regulations, but here’s where you might run into some problems on the road. Some Law Enforcement Officer might take what is written in Part 395.8, where it states that you must show the city and state for each duty status change, and, if you have bracketed them, he might say you are not showing the city and state for each duty status change.
BACKING OFF SPRING BRAKES
Q2: I recently had a spring brake fail on my trailer. I was told by the company to make the brake inoperable and told to continue down the road. How long can someone drive like this, and where can I find this law? The head mechanic said it was legal, but I know this is wrong (I have been driving for 19 years). Thanks. – Donald in Illinois
A2: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: I do not know of any exemption that allows the driver or carrier to back off the brakes on a semi-trailer. If you are towing just a dolly converter with no trailer attached, then brakes are not required on the dolly converter. Only the lights must work. If you are stopped roadside and inspected, the vehicle will be placed out-of-service for defective brakes and the brakes must be repaired before the vehicle is allowed to be moved. See Part 393.48.
SLEEPER BERTH TIME
Q: Am I misunderstanding a response you recently gave or misreading the guidance in the rules for 395.15 (see link below)? It seems that the company can edit data in an on-board recorder. – Gerry in New Hampshire
(www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?section=395.15)
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB In my original response to a question asked in the February 2008 column, the question the driver posed involved the company altering electronic records by removing on-duty time from the driver’s total hours of service for the day. This constituted falsification and was the point I wanted to stress. Please view our Ask The Law Q & A column for February 2008 (see 3rd Q & A down) at www.olblueusa.org/AskTheLaw/Ask_The_Law_Feb_08.pdf. To answer your question, yes, a company may amend (correct) electronic records of duty, but only when mistakes are discovered, to ensure they accurately reflect the driver’s actual activities, provided both the original and amended records are retained. A company may not alter electronic records of duty by removing hours or information. Here is the full guidance from the FMCSA (with emphasis added): “Question 2: May a driver who uses an automatic on-board recording device amend his/her record of duty status during a trip? Guidance: No. 395.15(i)(3) requires automatic on-board recording devices, to the maximum extent possible, be tamperproof and preclude the alteration of information collected concerning a driver’s hours of service. If drivers, who use automatic on-board recording devices, were allowed to amend their record of duty status while in transit, legitimate amendments could not be distinguished from falsifications. Records of duty status maintained and generated by an automatic on-board recording device may only be amended by a supervisory motor carrier official to accurately reflect the driver’s activity. Such supervisory motor carrier official must include an explanation of the mistake in the remarks section of either the original or amended record of duty status. Both the original and amended record of duty status must be retained by the carrier.
~ 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 3/07/08 .