Ask The Law™ - May 2009
Questions about a CHP Myth, Logging Split
Sleeper Berth Time & More Answered by
Law Enforcement Officials (as of May 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on April 9, 2009
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CHP MYTH SET STRAIGHT
Q: I have heard rumors that the California Highway Patrol (CHP) has been issuing tickets to drivers for not having their logbook “current” every four hours, even with no change-of-duty status. Is this true? I drive from Phoenix to Los Angeles three times a week, leaving out at 9:00pm. My company makes me drive non-stop to beat the morning rush-hour traffic. My company tells me under Federal law 395.8, if my duty status has not changed, I do not have to update my logbook. Please clarify. Thanks – Pat in Arizona
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Title 13, California Code of Regulations, Section 1213(g)(1) reads: “Driver responsibility. The driver’s activities shall be recorded in accordance with the following provisions: (1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.” Title 49, Code of Federal Regulations, Part 395.8(f) reads: “The driver’s activities shall be recorded in accordance with the following provisions: (1) Entries to be current. Drivers shall keep their records of duty status current to the time shown for the last change of duty status.” It appears California and federal regulations pertaining to the recording of driver’s activities are exactly the same in this instance. If federal and state laws are the same, then federal interpretations may be used for clarification. The CHP does not have departmental policy contrary to what is in the above regulations.
LOGGING SPLIT SLEEPER BERTH TIME
Q: I am a driver that is having a disagreement with my dispatcher over split logging. I need an interpretation of the 11-hour driving rule. I start with a fresh 10-hour break and then drive 8 hours. I then take 8 hours off in the sleeper. My interpretation of the rule is that I can then drive for a maximum of 3 hours before I must take a minimum of 2 hours off again (and by doing this, the first 8-hour driving period falls off). My dispatcher’s interpretation is that if a driver drives for 8 hours and then takes 8 hours in the sleeper, he can then drive up to 11 hours before having to take another break. In 395.1(g)(1)(ii)(B) it is a little murky, using the wording “compliance must be recalculated,” whereas 395.1(g)(2)(ii) is a lot clearer. Thank you – Robert in Maryland
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: You are correct. 49 CFR 395.1(g) explains how sleeper breaks may be used to obtain the equivalent of 10 hours off-duty. If you’ll note in your example, with only an 8-hour sleeper break, you haven’t achieved the equivalent of 10 hours off, leaving you with only 3 more driving hours. When you do take 2 hours off, along with the 8-hour sleeper break, you now have the equivalent of a 10-hour break. 49 CFR 395.1(g)(1)(ii)(B) now tells you to recalculated your 11-hour driving limit from the end of the first of the two periods used to achieve your equivalent of 10 hours off-duty. This would be after the 8-hour sleeper break. Following a 2-hour break, you’ll have the equivalent of 10 hours off and, according to the rule, you’ll have 8 hours of driving time available.
UPDATING LOG FOR NEXT DAY
Q: If a driver started driving at 10:00pm after 10 hours of sleep, and then drives for 6 hours (until 4:00am), can an officer cite the driver for not updating their logbook at midnight? Thanks – Sam in Canada
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In Part 395.8(f)(1), it states that the driver’s logbook has to be current to their last entry and in Part 395.8(a)(1) it states for each 24-hour period. So, if a driver started driving at 10pm, I would go ahead and complete all the necessary items for the next day so that if you were stopped sometime after midnight, you could bring your logbook up simply by drawing a line on the driving line.
~ 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 4/09/09 .