Ask The Law™ - March 2009
Questions about Road Signs, Extra Lights,
Pre-Trip Inspections & More Answered by Law
Enforcement Officials (as of March 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on February 9, 2009
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SPECIAL “EVENT” ANNOUNCEMENT
The Great West Truck Show in Las Vegas will again host our Ol’ Blue, USA “Safety Center”™ and Ask The Law™ programs in June. You can visit www.SafetyTour.org to find out more about this and other upcoming Ol’ Blue, USA events!
PASSENGER IN UPPER BUNK
Q: I was curious as to whether or not it was legal to use the top bunk on a condo cab while the truck is in motion? There is, of course, a safety net provided, but I have heard conflicting data on if it was legal or not. Thanks for your response and this service that you provide. I have learned a lot. Thanks again – Brian in Nebraska
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: I’m not aware of any federal safety regulation that prohibits the use of the top bunk while in motion as long as it meets with 49 CFR 393.76 for sleeper berths. One of the rules in the safety regulations, found in 49 CFR 393.76(h), is the occupant restraint. This section states: “A motor vehicle manufactured on or after July 1, 1971, and equipped with a sleeper berth must be equipped with a means of preventing ejection of the occupant of the sleeper berth during deceleration of the vehicle. The restraint system must be designed, installed, and maintained to withstand a minimum total force of 6,000 pounds applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.” This rule also establishes the minimum dimensions of a sleeper berth; the shape; access and exit requirements; location; the ability to communicate with the driver; required equipment in the sleeper berth; adequate ventilation; and protection against exhaust and fuel leaks.
REQUIREMENTS FOR EXTRA LIGHTS
Q1: I have been a driver for about 30 years and, like many drivers, I have used the statement that if it is on the truck it has to work, in regards to extra lights. We ordered our Petes with a turn signal under the sleeper as an extra safety measure. Our shop mechanic showed me the regulations on extra lights, which say they do not have to work unless required by the rules. Is this true? Please help – Dennis in Georgia
A1: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In the interpretation for Part 393, you will find an interpretation in Part 393.23 Question #1. The interpretation states that any additional lights are not required to work. So, if you or any other driver adds extra lights, they are not required to be functioning.
PRE-TRIP INSPECTIONS
Q2: Do I have to do a pre-trip and a post-trip inspection every day on a 3-day trip? Thank you – John in Tennessee
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Part 396.11 (Driver Vehicle Inspection Report post-trip inspections) are required every day that the vehicle is operated. Part 396.13 (pre-trip) requires the driver to review the DVIR and satisfy themselves that the vehicle is in safe operating condition.
ROAD SIGNS IN CALIFORNIA
Q: What is required of a driver in a required brake check area? For example, westbound I-80 between Nyack and Blue Canyon, you have to stop, but if you don’t get out of your truck, you don’t have to show a change of duty status. So, we want to know – in the CHP’s opinion – is a driver required to physically check the unit, and what is the requirement for logging their activity? As always, thanks – Jennifer in California
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: There are generally three types of road signs in California: Regulatory, Warning and Guide. Regulatory signs are colored black and white. Regulatory signs must be obeyed or a citation could be issued. Warning signs are orange or yellow and are warnings or advisories. Guide signs are blue and provide information. So, the color of the sign would determine whether the directions on the sign are regulatory (subject to a fine) or not. Generally, most brake check sites are provided as a service before a downhill grade to give the opportunity for a truck driver to check his brakes. As long as the sign is blue, stopping is not mandatory. If there are two signs together (such as “all trucks must stop” below a blue brake check sign), always obey the black and white sign. A driver stopping to check his brakes should log on-duty not driving.
~ 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 2/09/09 .