Ask The Law™ - April 2009
Questions about Logbooks, Carrying Spare
Tires in CA & More Answered by Law
Enforcement Officials (as of April 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on March 9, 2009
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LOGBOOKS AND DOT INSPECTIONS
Q1: Can a DOT officer or, for that matter, any trooper, require you to submit to a DOT inspection while you’re off-duty or in the sleeper? Having to submit to an inspection, which has to be documented in your logbook, can totally mess up a 34-hour reset or the 10-hour off-duty time. Thanks – Dave in Idaho
A1: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In doing the radio shows and answering e-mail questions for almost 10 years, this question always comes up. I tell everyone, do not argue with the person wearing a badge and a gun. But, a lot is going to depend on where you are parked. A lot of drivers like to park in locations that are prohibitive, like on an exit ramp or entrance ramp, or in rest areas that do not allow overnight parking or are not designed for truck-tractor and semi-trailers. If you park in these types of locations, then there’s a good chance you are going to be woke up and Law Enforcement may subject you to an inspection prior to telling you to move on. Now, if you are parked in a truck stop or rest area that is designed to allow a truck-tractor and semi-trailer to park, without a limit of how long you can park, chances are you are not going to be bothered. To answer your question, yes it will interrupt your rest break if you are subjected to a roadside inspection.
LOGBOOK AND PREVIOUS 7 DAYS
Q2: Are drivers still required to carry the previous seven days worth of logs since the 34-hour reset came into play? Can they carry back to their reset only? – Steve in Texas
A2: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: With the implementation of the 34-hour reset, a driver is still required to carry the previous seven (7) days as required in Part 395.8(k)(2).
CARRYING A SPARE TIRE IN CA
Q: Our company is now requiring us to carry a spare tire on our truck tractor. What are the proper tiedown requirements for this? California officers have stopped several of our trucks stating that rope, rubber straps and two-inch straps are not proper. We are being put out of service for this and it’s killing our safety rating. Please help if you can. Thanks – David in Arizona
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Pursuant to Title 13 of the California Code of Regulations (13 CCR), Section 1244(b) says, “Externally mounted spare tires shall be contained and supported by tire carriers or other means specifically designed for the purpose and secured to prevent accidental release of the tires.” This regulation can be found at http://ccr.oal.ca.gov. So, in California, your tire must be secured to prevent the tire from coming loose – and don’t carry your spare tire on your tractor unless it is in a carrier or a space designed to carry tires.
LOGGING TIME WHEN FUELING
Q: If I started fueling at 2 minutes till 9:00 and finished at 10 minutes after, do I have to log a half-hour for fueling? My company has written me up for this 12 minutes. Thanks – John in Ohio
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: However long it takes you to fuel your truck, you will want your logbook to accurately reflect your activities for the day. For periods of time less than 15 minutes, use the following guidance FMCSA provides in 49 CFR 395.8. Question 1: How should a change-of-duty status for a short period of time be shown on the driver’s record of duty status? Guidance: Short periods of time (less than 15 minutes) 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 “6 minutes” – be sure to enter the geographic location of the duty status change, too.
~ 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 3/09/09 .