Ask The Law™ - September 2008
Questions Regarding Extra Underbody Lighting,
Filling Out Your Logs & More Answered
by
Law Enforcement Officials (as of Sept. 2008)
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HAVING LUNCH IN YOUR TRUCK
Q: What is required in order to log meal breaks off-duty? I drive a daycab in a regional operation and take a lunch. I usually pull off onto the side of the road in a safe place to eat. Can this be logged as off-duty time? Thank you – Sam in Montana
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: You’ll find the answer to your question in the following FMCSA interpretation for 49 CFR 395.2: Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time? Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories and any cargo or passengers it may be carrying. 2. The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer. There are no retention requirements for these instructions onboard a vehicle or at a motor carrier’s principal place of business. 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
RELAXING IN YOUR SLEEPER AT HOME
Q: A few drivers on our board say that if you are off-duty for the weekend at home or in a motel and you decide to go and lay down in your sleeper for whatever reason, then you must change your log to show sleeper berth time. I say that if I am home and off-duty and I want to go hang out in my sleeper, I can still show off-duty because I am not required to be ready for work. What do you say? Thanks – Dave in Georgia
A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: This is a very good question. I’m going to refer to the DOT Regulations found in Part 395.2, definition of on-duty time. In it, it states that you are on-duty any time you are in/on the vehicle with the following exception – when the driver is in the sleeper berth. Now with that being said, if you are at your home for several days off-duty and, for whatever reason, you want to go spend time in your sleeper berth, I do not see a reason to show time in the sleeper berth. However, if Law Enforcement was to ever find out that you spent time in the sleeper berth and showed off-duty, you could be cited for a false log. It’s not going to hurt your 34-hour reset by showing time in the sleeper berth as long as the time has off-duty time on either side of the sleeper berth time. Rest Option #3 allows a driver to show off-duty and sleeper berth in combination to obtain the required rest.
EXTRA LIGHTING UNDER YOUR TRUCK
Q: What is the law on underbody lighting? Thank you – Timothy in Michigan
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: The Federal Motor Carrier Safety Regulations do not address the issue of underbody lighting. In California, underbody lighting is generally not allowed. Drivers should check with the individual states they operate in as to lighting requirements. Lights installed on a truck must meet DOT requirements, though only headlights must have “DOT” stamped on the lens.
SR. TROOPER MONTY DIAL RETIRES
After over 31 years of faithful and dedicated service to the Texas Highway Patrol’s Commercial Vehicle Enforcement (CVE) division and to the citizens of Texas, Trooper Dial has decided to retire. Trp. Dial has been extremely supportive of Ol’ Blue, USA and the trucking industry for many years. His retirement will be a great loss to our industry, and we wish him well. However, we’re honored that Trp. Dial remains committed to Ol’ Blue, USA and will continue to volunteer his services to our organization. This is a great tribute to his values and to our safety organization. We are very appreciative.
~ 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 8/07/08 .