Ask The Law™ - October 2010
Questions about Off-Duty Time, ABS, the
34-Hour Rule & More Answered by Law
Enforcement Officials (as of October 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on September 12, 2010
Brought to you as a public service by Ol’ Blue, USA and 10-4.
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www.askthelaw.org
JOIN US AT A SHOW IN POMONA, CA
Our Ask The Law™ team will be in our Safety Center™ along with officers from the California Highway Patrol to help drivers and fleets understand various pertinent laws at the Golden State Trucking Expo, October 16-17, 2010 at the Fairplex in Pomona, CA. Please visit us online at www.safetytour.org to find out more about this event.
OFF-DUTY TIME & THE 60/70 HOUR RULE
Q: Concerning the 14-hour day, all hours between the start of the shift and the end of the shift are counted, including any “off-duty” time. However, one of my drivers was told by a CHP officer that “off-duty” time did not count as part of the 60 hour, 7-day schedule. Is this actually the case? – Mike in California
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Title 49 Code of Federal Regulations Part 395.3(b)(1) specifically states that a driver cannot drive after being “on-duty” for 60 hours in a seven day consecutive period. All time a driver spends “on-duty driving” and “on-duty not driving” counts towards the 60-hour work week in a seven-day consecutive period. Since “off-duty” time is neither “on-duty driving” nor “on-duty not driving” it does not count as part of the 60 hour, seven-day schedule. The regulation does allow a driver to reset a 60-hour work week in a seven-day consecutive period by taking 34 or more consecutive hours off duty.
CHECKING A TRAILER’S ABS SYSTEM
Q: I don’t see my ABS light working on my trailer. How can I correctly check the ABS system on my trailer? Thank you – Bill in Wisconsin
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB:You didn’t mention how old your tractor and trailer are, so I’m guessing that both were manufactured after March 1, 2001. If they’re older than that, the procedure will be a little different. According to “ABS: Look Before They Lock,” an informational flyer produced for “Operation Airbrake” by the Commercial Vehicle Safety Alliance (CVSA), to check your trailer’s ABS you begin with your ignition off. Turn your key on and watch that both the trailer dash-mounted ABS malfunction lamp and the trailer-mounted ABS malfunction lamp turn on. After a few seconds, both lamps should go out. Anything else indicates a defect in the trailer’s ABS and that the system is in need of some attention.
REFUSING TO DRIVE IN BAD WEATHER
Q: I would like to know if a company could legally fire a driver for refusing to drive in hazardous conditions (bad weather)? Thank you in advance – Cheryl in Washington
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: A motor carrier can do anything they want. The question is, can they legally do it. A lot of motor carriers will leave the decision up to the driver when it comes to operating a commercial vehicle in hazardous conditions. If you were terminated for this reason, you can contact the U.S. Department of Labor and file a complaint under 49 U.S.C. 31105(b)(1).
TEAM DRIVERS & THE 34 HOUR RESTART
Q: Will a recap be “reset” to zero for a team driver if they have 30 consecutive hours off-duty and then go back to work and spend the first 4 hours in the sleeper or vice-versa (if they spend the last 4 hours in the sleeper before 30 consecutive hours off-duty)? Then, can they put in a full 11-hour shift? Thanks – Bill in Oregon
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: The answer to each question is “yes” provided the 4 hours is consecutive with the remaining 30 hours of off-duty time, but the 4 hours must be spent in the sleeper berth, not in the jump seat! If you have any driving or on-duty time in-between, then the 34-hour restart must be re-started. See 395.1 for the complete scope of rules regarding this issue.
~ 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 9/12/10 .