Ask The Law™ - November 2009
Questions Regarding HOS, Shipping Papers
and a Logbook Myth Answered by Law
Enforcement Officials (as of Nov. 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on October 10, 2009
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ONLINE LOGBOOK PRESENTATION
About 70% of the questions we receive pertain to logbook issues. Did you know that we have a thorough logbook presentation, with pictures, on our website (www.askthelaw.org)? This 80-page presentation can answer a lot of your questions. Check it out today.
CONFUSED ABOUT 34-HOUR RESTART
Q1: I have heard many different ways of getting a 34-hour restart. What is the correct way of doing it? I have heard you can “bounce” between lines 1 and 2 or be on line 2 or be on line 1 and get a 34-hour restart. Is this true? Thanks – Jon in Texas
A1: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: The FMCSA published Hours of Service frequently asked questions after the current rules were published. Locate them in writing or on FMCSA’s website (www.fmcsa.dot.gov), then find question G-1, which states that a driver can combine uninterrupted off-duty and sleeper berth time for 34 or more hours to get the 34-hour reset.
OFF-DUTY & SLEEPER TIME FOR CO-DRIVERS
Q2: I came from 3 days off-duty and then went directly into the sleeper. My co-driver drove for 6 hours. Then, I drove for 10.5 hours, and from there we drove 10.5 hours each. My boss told me I made a violation because I needed to be in the sleeper for 10 hours before I started driving. Please, help me. Thank you – Victor in California
A2: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In Part 395.1(g), you will find four rest options. Option #3 states that a driver can use both off-duty and sleeper berth time to get 10 hours of rest. So, if you were showing three days off-duty and then went into the sleeper for six hours, this would continue your rest. So, the driver would not need to show an additional 10 hours in the sleeper berth.
TRAVELING WITHOUT SHIPPING PAPERS
Q: I work for a northwest regional LTL carrier. The company tells us that it is legal for the line drivers (terminal to terminal) to travel without any manifest or copy of the bills as long as we have no HazMat on. This generally happens at “dark” (closed) terminals. Any comments on this? Thanks – Robert in Oregon
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Although 49 CFR Part 373 addresses a motor carrier’s receipts and bills for property tendered for transportation, I’m not aware of any requirement for them to accompany the load while being transported (unlike the Hazardous Materials Regulations, which do specify that shipping papers must be prepared and accompany the load). You may want to check with your state officials to see if there may be state laws that apply in these circumstances.
MYTH ABOUT TIME LIMIT TO FILL OUT LOGBOOK
Q: I got a ticket in Anaheim, CA for getting out of the sleeper to help my co-driver get back on the highway. I asked the officer if there was a time limit before I had to change my log. I was told no. The officer told me that I had to change my status from sleeper to on-duty not driving, and by not doing so I was cheating the system. The ticket cost me $626 dollars! – George in North Carolina
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Every time you change your duty status, regardless of the duration, you must make an entry in your logbook immediately. There is no grace period. California and Federal regulations are the same in regards to making entries in your logbook. Section 395.8(f)(4) of Title 49 Code of Federal Regulations states, “Drivers shall keep their record of duty status current to the time shown for the last change of duty status.” When the change of duty status only lasts a short period of time (less than 15 minutes), an interpretation of the section is also included which states, “Short periods of time may be identified by drawing a line from the appropriate on-duty (not driving) or driving line to the remarks section and entering the amount of time, such as six minutes, and the geographic location of the duty status change.
~ 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 10/10/09 .