Ask The Law™ - January 2009

Questions about ABS Brakes, Logbooks &
Permissible CMV Lights Answered by Law
Enforcement Officials (as of Jan. 2009)

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A SPECIAL “RADIO” ANNOUNCEMENT

On the first Monday of each month from midnight until 2 a.m. (Central time), Ol’ Blue, USA’s “Ask The Law”™ Radio Program will be “live” with Sr. Trooper Monty Dial (Ret.) on the Midnight Trucking Radio Network (WBAP), hosted by Eric Harley and Gary McNamara.  This will be a regular monthly broadcast.  To find out more about this program, visit www.OlBlueUSA.org/news/nov08.html.

ABS BRAKE SYSTEM LIGHT ON

Q: The company I work for has trailers with ABS.  The light on the dash indicates there is a problem with the system.  According to the mechanic, he called the main office about the problem, but because of the cost involved, they were not authorizing the mechanic to fix the problem.  Your comments please – Gary in Michigan

A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: The DOT regulations in Part 393.55 state that a truck-tractor and/or semi-trailer manufactured after a certain date has to be equipped with an Antilock Brake System (ABS).  The regulation just states that the vehicle(s) be equipped with an ABS.  There is no violation if the system is not working or there is a malfunction.  I would recommend that you write it on your Driver Vehicle Inspection Report (DVIR/post-trip inspection) every day that you get a light on the dash showing an ABS malfunction.  This will let the motor carrier know that there is a problem and will relieve you of any action in the future.

PERMISSIBLE LIGHTS ON A CMV

Q: What is the law regarding lights placed in front of the driver’s door, on air breathers, fender mounts, etc. when the red lights are facing to the rear of a CMV?  An inspector told me that any light that remains on in front of a door is illegal.  Is this so?  Thanks – David in Arizona

A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Certain lights may be permitted on the side of a vehicle depending on what they are being used for.  If a light is a side marker or clearance light, it must meet certain requirements.  Federal Motor Regulations 393 subpart B requires that all lighting equipment meet installation and performance requirements contained in Federal Motor Vehicle Safety Standard (FMVSS) #108.  FMVSS does not have a provision for lights designated as fender lights, mirror lights or air cleaner lights.  In California, Vehicle Code Section 24003 does not allow lighting unless required or permitted.  A light not meeting the federal installation and performance requirements or a light designated as a mirror light, fender light or air cleaner light would not be legal.

LOGGING LUNCH WITH OTHER DUTIES

Q: I have several drivers who want to bracket their total time when they are at a single location instead of showing the change of duty statuses.  Often there will be a vehicle inspection (on-duty not driving), a lunch break (off-duty), and then wait time for loading or hooking equipment (again, on-duty not driving).  I say they can’t bracket their time because it’s different duty statuses.  What do you say?  Thanks for being a great mediator for our compliance discussions – Jennifer in California

A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: You are correct and the answer to your question can be found in Interpretation Question #6 for 49 CFR 395.8 which reads: “Question 6: How should multiple short stops in a town or city be recorded on a record of duty status?  Guidance: All stops made in any one city, town, village or municipality may be computed as one.  In such cases the sum of all stops should be shown on a continuous line as on-duty (not driving).  The aggregate driving time between such stops should be entered on the record of duty status immediately following the on-duty (not driving) entry.  The name of the city, town, village or municipality, followed by the state abbreviation where all the stops took place, must appear in the remarks section of the record of duty status.”  Please note this is allowed for only on-duty time and driving time.  No provision is made for the inclusion of off-duty or sleeper berth time.  Something I find interesting about this interpretation is the order in which FMCSA requires the driver to record the time; on-duty time first and driving time following.  With the driving time recorded last, should the driver exceed an hours-of-service rule, this insures he will be driving during the time the violation occurs.

~ 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 12/09/08 .