Ask The Law™ - February 2009
Questions about California Length Laws,
CDL’s & Brake Components Answered by Law
Enforcement Officials (as of Feb. 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on January 8, 2009
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SPREAD AXLE LAWS IN CALIFORNIA
Q: I was wondering if you could answer my question. Can I have a 10’-1” spread on the trailer in California, or do I have to run a closed tandem axle? Thank you – Rick in Ontario, Canada
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: You would not need to run with a closed tandem. A 10’-1” spread axle is legal in California. The maximum weight allowed for a 10’-1” tandem would be 40,000 lbs. If the trailer is over 48 feet, you would need to maintain a 40’ king pin to rear axle setting in order to comply with California length laws.
REQUIREMENTS FOR NEW DRIVERS
Q: I have my Class-A license but I have heard that after 1/1/09 new CDL holders have to take truck-driving school. Is this true? Thanks – Jeramy in Kentucky
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: What you have heard about is a notice of proposed rulemaking (NPRM) Docket No. FMCSA–2007–27748 titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” published in the Federal Register on December 26, 2007 requesting comments by March 25, 2008. The comment period was then extended to May 23, 2008. In summary: the FMCSA is proposing to revise the standards for mandatory training requirements for entry-level operators of CMVs (commercial motor vehicles) in interstate operations that are required to possess a commercial driver’s license (CDL). The proposed rule would not apply to drivers who currently possess a CDL or obtain a CDL before a date 3 years after a final rule goes into effect. Following that date, persons applying for a new or upgraded CDL would be required to successfully complete some specified minimum classroom and behind-the-wheel training from an accredited institution or program. The state driver licensing agency would only issue a CDL if the applicant presented a valid Driver Training Certificate obtained from an accredited institution or program. Something else to be considered, since it is state agencies that issue driver’s licenses: if this proposed rulemaking becomes a Final Rule at the federal level, there will also have to be legislative changes at the state level before this becomes fully effective. Needless to say, it will not happen quickly.
GRACE PERIODS FOR CDL RENEWALS
Q: How long of a grace period do you have in Alabama to renew your CDL license when it expires? – Brenda in Alabama
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: A lot is going to depend on where you get stopped. If you are stopped in Alabama, then Alabama Troopers and other Law Enforcement Officers are going to apply Alabama State Law and give you a grace period, if applicable under State Law. If you are stopped by a DOT Officer in any other state, then you are going to be placed out-of-service for operating a CMV without having a valid CDL.
MISMATCHED BRAKE COMPONENTS
Q: Some drivers are talking about being cited for having two different brake chambers on the same axle, be it truck or trailer. What gives? Is this a legit violation? Thank you for your time – Norma in Virginia
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Mismatched brake chamber sizes used to apply only to the steering axle. FMCSA made some changes to Part 393.47 and now the brake chamber sizes have to be the same size on the same axle. They also added that the slack adjusters must be the same size on the same axle as well. So if you have to have a brake chamber replaced, make sure it is replaced with the same size chamber and slack adjuster as the one on the other side of the axle.
~ 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 1/08/09 .