Ask The Law™ - September 2009
Questions about Logbooks, Sleep Apnea,
CDL Points & More Answered by Law
Enforcement Officials (as of Sept. 2009)
Warning: Laws are subject to change without notice.
These interpretations were made on August 10, 2009
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CDL POINTS FOR OVERWEIGHT TICKETS
Q: Does a CDL accumulate points for overweight tickets? – Ron, NE
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Points assessed for traffic violations can vary from state to state, but generally overweight violations are not considered to be moving violations and points are usually not assessed. Nebraska Revised Statute 60-4,182 lists the points assessed for the numerous traffic violations and it specifically excludes any violations for overwidth, overheight, overlength and overloading of trucks. So, in Nebraska, a ticket for being overweight will not assess any points to your CDL.
USING TWO LOG PAGES FOR SAME DATE
Q: First Question: Are there any circumstances where it would be appropriate for a driver to complete two separate log pages for the same date? For example: the driver is relieved of duty at 8am and ends his day. He returns to work later on the same date at 8pm and starts a new page showing on-duty at that time. Second Question: Is it acceptable for a driver to log noon to noon instead of midnight to midnight to keep a shift that crosses midnight on the same log page? Thank you – Jennifer, CA
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Let me answer your second question first. There is nothing that prohibits a motor carrier from selecting a starting time on their log. The only requirement is the log sheet must cover a 24-hour period. See 395.8(f)(8). In fact, there are a lot of LTL motor carriers that will use a 12 noon to 12 noon log for their drivers that run terminal to terminal. The reason being is so their driver’s trips are on a single page rather being on two separate pages for one tour of duty. The answer to the first question is a big NO, unless the driver is using a log that meets the above answer. A driver’s log has to account for a 24-hour period on a single log page. With the driver ending one shift at 8am and starting a new shift at 8pm and having them on two separate pages, this would constitute a violation of 395.8(f)(8).
SLEEP APNEA TESTING
Q: Can a trucking company require all existing drivers (employees and contractors) to be tested for Sleep Apnea? – Bill, TX
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Currently, when a driver goes in to renew or get a new DOT Physical, there is a question that deals with Sleep Apnea. If the driver answers no, the driver is not questioned any further about the subject. If the driver answers yes, then the driver is questioned extensively about Sleep Apnea and the driver could possibly be sent for a sleep study. There are, however, some changes coming soon by FMCSA that will require drivers with a body mass index (BMI) over a certain amount, or if the driver states they have Sleep Apnea, to have a sleep study done before they will be issued a DOT Physical. Your company may be taking a pro-active approach by having all of their drivers tested before it actually becomes mandatory.
REWRITING YOUR LOGS
Q: Is it legal for a company to have drivers rewrite logs to match Qualcomm info? Thank you – Jay, NM
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: According to the federal interpretations in Title 49 CFR 395.8, a company may return a driver’s completed log for correction of inaccurate or incomplete entries. Any method of correction would be okay as long as the driver certifies that all entries are true and correct. It is not legal to rewrite logs with information that is not correct. Additionally, falsified logs cannot be corrected. Your company may ask you to rewrite logs based on Qualcomm information if the Qualcomm information is correct.
~ 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 8/10/09 .