Ask The Law™ - June 2009
Questions about Stopping at Scales, Inspection Stickers & More Answered by Law Enforcement Officials (as of June 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on May 14, 2009
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JOIN US IN LAS VEGAS
Our Ask The Law™ team will be in our Safety Center™, along with troopers from the Nevada Highway Patrol and Texas Highway Patrol, to help drivers and fleets understand various pertinent laws at The Great West Truck Show, June 25th through the 27th in Booth #1060 & #1065. You can visit www.safetytour.org to find out more about this and other Ol’ Blue, USA events.
SERGEANT PETE CAMM RETIRES
After almost 30 years of faithful and dedicated service to the California Highway Patrol’s Commercial Vehicle Enforcement (CVE) division and to the citizens of California, Sgt. Pete Camm has decided to retire. Sgt. Pete has been extremely supportive of Ol’ Blue, USA and the trucking industry for many years. His retirement will be a great loss to our industry, and we wish him well.
INTERRUPTING A 10-HOUR BREAK
Q: I have a route I run 3 times a week. I go on the same route every time. My dispatch time is 11pm. My boss wants me to call in between 2pm and 5pm to let him know I will be at work. Can he make me call in while I am on my 10-hour break? Thank you – Garry in Texas
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: A lot is going to depend on what answer you want. There is an interpretation (Question #30) found in Part 395.3 that deals with drivers having to constantly respond to satellite or similar communications while taking their rest break. The interpretation states that a driver has to be on-duty not driving to respond to those messages. There are also two other interpretations (Question #5 & #6) that deal with a driver having to contact or carry a pager/beeper to be able to contact the motor carrier during their rest break. Neither of these interpretations state that it breaks the driver’s rest period. Another way to look at the answer is from the eyes of the motor carrier. You do not make a run every day and the motor carrier has a load that needs to be delivered. All they are asking is for you to make a telephone call to let them know if you are going to be able to make the run. If you cannot, then they need time to locate another driver to take your scheduled run. So, taking a minute or less to call the motor carrier would not interrupt your ability to obtain the required rest.
CONFLICTING SIGNALS AT A SCALE
Q: If a scale has signs indicating it is closed but my in-cab PrePass unit provides a red stop signal anyway, should I stop at the scale or just drive on by? Thanks – Monty in Ohio
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Although the instructions for PrePass® say you are to follow the in-cab indication from your transponder, remember, it is a system to legally bypass an open scale. If the highway signs are indicating the scale is closed, there isn’t a legal requirement for anyone to stop, so any indication from your transponder at that point is irrelevant. What probably happened is that when the officers closed their scale, they forgot to switch their PrePass® system to closed as well. You can find more specific information about PrePass® on their website located at www.prepass.com.
CVSA INSPECTION STICKER
Q: I was recently given a Level 1 inspection at the Dunsmuir scale in California. I passed the inspection, but the officer did not have a current 2009 CVSA sticker so he gave me a 2008 sticker. I was asked to come back later to get the current sticker. Do I need to go back to the same scalehouse for the 2009 sticker or can I go anywhere in California to get it? Thank you – Doug in Washington
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: In order to get a new CVSA sticker you can present your Level 1 Inspection Report at any CHP scale. They will put a current sticker on your truck if you were never issued a current sticker and it has not been more than 30 days since the original inspection.
~ 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 5/14/09 .