Ask The Law™ - July 2009
Questions about Oversize Loads, Idling
in CA, Logbooks & More Answered by Law
Enforcement Officials (as of July 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on June 10, 2009
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RULES FOR DRIVING A COMPANY CAR
Q: My trucking company wants to change my run as follows: they want me to meet a driver in Fairfield, VA, and then go off-duty for my ten hours. I must then drive a company car from Fairfield about 75 miles to Roanoke (this drive time is included in my ten hours off-duty time) to pick up my truck to leave for Pittsburgh, PA. Is this legal? Thanks – James in Virginia
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Including your time driving the company car as part of your 10 hours off-duty would not be legal according to the following interpretation for 49 CFR Part 395: Question 14: How must a CMV driver driving a non-CMV at the direction of a motor carrier record this time? Guidance: If CMV drivers operate motor vehicles with GVWR’s of 10,000 pounds or less at the direction of a motor carrier, the FHWA (now the FMCSA) requires those drivers to maintain records of duty status and record such time operating as on-duty (not driving).
FLAGGING REEFER REFUELING TIME
Q: If I am doing my 34-hour restart and under a frozen or cold load and my reefer needs fuel, can I put fuel in the reefer tank and log it (I know that I cannot put fuel in the tractor)? This happened to me last summer – it was 95 degrees outside and I was on my 32nd hour of my 34-hour restart, when my reefer began to run dry. What would be the correct way to handle this? Thank you – Barb in Missouri
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: All time servicing a CMV must be logged as on-duty not driving (the trailer is also considered to be a vehicle). If a driver is showing off-duty or sleeper berth and does any servicing of the CMV, they have broken their rest period – even if it takes less than 15 minutes. The driver is subject to being issued a citation and placed Out-of-Service for a false log. In Part 395.2 there is an interpretation that states that a driver can just flag the city and state and show the amount of time taken without showing a duty status change, but to meet this interpretation, the driver must be on the driving line. To avoid these problems, be sure that you have enough fuel in your reefer tank before starting your 34-hour rest period.
OVERSIZE LOAD REQUIREMENTS
Q: Has anyone thought about endorsing oversize loads? Tanker and Haz-Mat both have set rules to follow which makes life easy. Oversize laws are state by state, with drivers doing many changes to comply with different rules (speed limits, banner size, flag/light placement, etc). Too many states have different rules. Could I please have your thoughts on this matter? Thank you – David in Arizona
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: You have a very valid question, but, unfortunately, all oversize loads are at the discretion of each state you operate in. I do agree with you that there should be one set of standards for oversize loads that should be uniform, regardless of the state that you are in. Maybe this will happen in yours and my lifetime, but I would recommend that you don’t hold your breath!
IDLING IN CA WITH A CPAP UNIT
Q: I use a CPAP (Continuous Positive Airway Pressure) machine every night for my sleep apnea as required by the DOT. I don’t know how I could live without it. As a company driver, I do not have an APU on my truck. Can a get a ticket or a fine if I idle my truck if I’m in a state such as California? In order for my CPAP to run, I have to idle. Thanks – Michael in Michigan
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Currently, California emission regulations do not provide an exemption for the CPAP unit in a CMV. For more information about idling with a CPAP unit, contact the California Air Resources Board at 1-800-363-7664.
~ 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 6/10/09 .