Ask The Law™ - May 2008
Questions Regarding Length Laws in
California, Hours-of-Service & More Answered by
Law Enforcement Officials (as of May 2008)
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LENGTH LAWS IN CALIFORNIA
Q: We were traveling in our motor home and pulling a trailer on US 95 to a motor sports event in Arizona, when we were stopped by a CHP officer who wrote us a citation for exceeding 65 feet. We are 74 feet, bumper to bumper, but the FMCSA regulation 658.13(g) states: “No state shall impose a limitation of less than 46 feet on the distance from the kingpin to the center of the rear axle on trailers or semi trailers used exclusively or primarily to transport vehicles in connection with motor sports competition events. Can you please try to clarify this for me? Thank you – Bob in Utah
A: Provided By Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) The exemption for length of trailers used in motor sports is for trailers being pulled by a truck-tractor, not a motor home.
COMPANY WORKING ME OVER HOURS
Q: If I go to work at 6 am and work local all day until 4 pm, is it legal for me to then leave Cleveland, TN at 4:30 pm and drive south of Atlanta, Georgia to drop and hook and then drive back to Cleveland TN, arriving at midnight, and still have to be at work at 7 am to work local all day and to be given the day off without pay because I was an hour late? Thanks – James in Tennessee
A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: The 14-hour rule applies to all time worked, regardless of whether you work local or over the road. In the example you used, you would count your local time as well as the time spent driving to and from Atlanta, GA. You would also be required to complete a Record of Duty Status (logbook) for the whole day, not just the trip from TN to GA. You cannot claim short-haul exemption while working local in TN and then start filling out a log when you leave TN for GA. If the motor carrier is requiring their drivers to do this, you might want to contact officials in TN or the DOT and report them for doing so.
FORCED TO BREAK 14-HOUR RULE
Q: I was dispatched to pick up a load from a food plant in Memphis. My appointment time was at 1700. I arrived at 1630, and my 14 hours expired at 2030. I was not finished loading until 2100 and the plant would not allow me to stay there. My carrier never returned my phone calls or my Qualcomm messages regarding going over my 14 hours. It was about 17 miles back to the terminal, which was the closest place for me to stop for the day. I arrived back at the terminal at 2130. I logged it the way it happened and placed a statement in the remarks section of my log. Did I do it right? – Ken in Mississippi
A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Good for you. You did what you had to do even if it meant driving after being on duty more than 14 hours. You also did right by using the comment section to record exactly what happened with you trying to notify the company with no response and the shipper not allowing you to park to get your 10 hours of rest.
FORCED TO USE 34-HOUR RESTART
Q:Can the company that you work for or the Union you belong to tell you when you can or can’t use your 34-hour restart? – Roland in Kansas
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB In 49 CFR 395.3(c)(1) and (c)(2) it states that any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours. Since the regulation used the word “may” this means the 34-hour restart is permissive, but not mandatory. You may use the 34-hour restart to begin your new work week, but you are not required to. The FMCSA’s website also has “HOS Frequently Asked Questions” posted August 19, 2005, which includes the following guidance: “F-1. Does any period of 34 consecutive hours off-duty automatically restart the calculation of the 60/70-hour on-duty period? Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour calculation.”
~ 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 4/09/08 .