Ask The Law™ - December 2010
Questions about Logbooks, Hours-of-Service
& Green ID Lights Answered by Law
Enforcement Officials (as of December 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on November, 2010
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WHEN TO SIGN YOUR LOGBOOK
Q: Exactly when are you supposed to sign your logbook and the vehicle report on your logbook? Thank you – Wilbur in Michigan
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In Part 395.8(f)(7) it states that the driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct. Some troopers or inspectors say that you cannot sign your logbook until you have completed the day or the logbook is completely filled out. With CSA 2010 coming soon, any logbook violation will count against you.
OUT OF HOURS CLOSE TO HOME
Q: We sometimes have drivers run out of hours when very close to home. As of now, we stop, take our ten, and come in the next day. This is frustrating. I have heard that other companies run another driver out in a non-commercial vehicle to bring in the truck and then let the driver who is out of hours come back in the non-commercial vehicle. Does this work if the driver is at their 14-hour limit? Thanks guys (20 years and still learning) – Eric in Minnesota
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Good news – yes it does work. 49 CFR 395.2 defines driving time as “all time spent at the driving controls of a commercial motor vehicle (CMV) in operation.” Maximum driving times, found in 49 CFR 395.3, only apply when driving a CMV. You can find the definition of a CMV in 49 CFR 390.5. Driving a non-CMV at the direction of a motor carrier must be recorded as “on-duty – not driving” according to FMCSA’s guidance for 49 CFR 395.2. Whoever comes out to trade with you needs to have driving hours available and you’ll need 10 hours off before returning to drive the CMV. You don’t have to go off-duty after reaching your 14th hour, you just can’t drive a CMV until you take a 10 hour break and aren’t over the 60/70 hour rule. The regulations only limit your driving time and your eligibility to drive CMVs, not how many hours you can be on-duty at any one time.
LOGGING TIME WAITING FOR A LOAD
Q: I am being told not to start my time on-duty while I am sitting waiting for a load. They will have me sit for 5 hours and then expect me to run for 14 hours. If I am required to be available and waiting for my load, should I be on-duty by law? Thank you – Jeff in Ohio
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: In accordance with 49 CFR 392.5 (Definitions), on-duty time includes: “...all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier.” If a motor carrier (MC) requires you to be at a place waiting for a load, then you must log that time as “on-duty – not driving.” If the MC allows you to leave for those five hours and be on-call, the time may be recorded as “off-duty.”
GREEN ID LIGHTS ON A CMV CAB
Q: I have a 1963 KW and last week I was stopped in Arizona because of my three green center cab lights. How is Ol’ Blue able to have three green ID lights on its cab? Thanks – Tyler in Arizona
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Federal legislation enacted in 1965 created the USDOT. The Federal Motor Vehicle Safety Standards were adopted several years later. Up to that point, the states enacted statutes or regulations regarding lamps and/or colors. In California, where ‘Ol’ Blue’™ is registered, current statute #25351(b) allows trucks that were manufactured before 1968 to display amber, green, or white ID lights (‘Ol’ Blue’ was built in 1951). Arizona statutes only appear to require clearance and side marker lights – I cannot find any requirements in Arizona’s lighting statutes regarding ID lights.
~ 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 11/12/10 .