Ask The Law™ - November 2010
Questions about Refusing to Drive, CSA 2010,
Cab Lights & More Answered by Law
Enforcement Officials (as of November 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on October 14, 2010
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REFUSING TO DRIVE IN BAD WEATHER
Q: I would like to know who has the last word on whether or not it is safe to drive a CMV on the roads in winter – the company or the driver. Can the company force the driver to drive, and if the driver refuses to do so, can they terminate his employment for refusing to drive on bad roads? Thank you – Michael in Oregon
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Generally, the driver is in the best position to determine if it is safe to operate a CMV in winter conditions; however, the Department of Transportation makes the decision to shut down a highway in many instances because of unsafe driving activities. The company can try and force a driver to drive in winter conditions and can fire drivers, but the Federal Motor Carrier Safety Administration (FMCSA) can investigate to determine if any action taken by a motor carrier is legal or not. 380.503 Entry-level driver training requirements. (d) Whistleblower protection. The right of an employee to question the safety practices of an employer without the employee’s risk of losing a job or being subject to reprisals simply for stating a safety concern (29 CFR part 1978). (PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982)
CSA 2010 SCORE & MOVING VIOLATIONS
Q: With CSA 2010 coming into effect very soon, I was curious about moving violations in a CMV. If a driver is stopped for speeding (or any moving violation) and is issued a citation or a warning but is not given a DOT inspection at that time, will this violation or warning show up on his or her CSA report since there wasn’t an actual inspection, or will it only reflect on their MVR report? Thanks – Joe in Oregon
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Your question is commonly asked and very easily answered. Only those violations that are documented on a DOT (Department of Transportation) inspection form result as factors in the CSA formula, whether a citation is written or not. Any moving violations not documented on an inspection form will not show up on a CSA 2010 score. These violations will be handled in accordance with your state’s court procedures. Normally, violations resulting in a conviction will be reflected on a driver’s state record.
ID & CLEARANCE LIGHTS ON A CMV
Q: I am looking to decrease drag on my truck and I would like to remove the visor, but my clearance lights are on the visor. If I remove the visor and then, instead of lights, use five reflectors or reflective tape, will that be legal, or do they have to light up? Thank you – Aaron in Nebraska
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Using only reflectors or reflective tape won’t be sufficient. If you look in 49 CFR 393.11 and 49 CFR 571.108 (FMVSS No. 108) you will find that the clearance lights and ID (identification) lights on the top of your cab are required lights.
RIPPING OUT LOGBOOK PAGES
Q: I am a perfectionist, so when I make a mistake in my logbook, I rip that page out and start over. I was told that this might be illegal because it does not make my logbook coincide with the month. Is this true? Thank you in advance for your help – Gary in Texas
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: There is nothing in the DOT Regulations (Part 395.8) that prohibits a driver from removing a log page if the driver made a mistake. It does, however, tell the driver what ways are approved to correct any mistakes a driver might have made when filling out their log pages.
~ 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 10/14/10 .