Ask The Law™ - March 2010
Questions about DOT Regulations, Lights,
CDL Permits & More Answered by Law
Enforcement Officials (as of March 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on February 10, 2010
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MOTOR CARRIER ABUSING DOT REGULATIONS
Q: My husband works for a national food distribution corporation. He wants to know what he can do when the company condones and indirectly encourages drivers to grossly abuse the DOT regulations. Are there steps or a solution to stopping this company from driver abuse? – Linda in California
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: The California Highway Patrol (CHP) has jurisdiction over enforcement of motor carrier safety regulations. I can assure you the CHP takes its responsibilities seriously and investigates all safety complaints against a motor carrier. You may anonymously report specific information regarding a motor carrier engaging in unsafe or illegal activity to your local Motor Carrier Safety Unit by calling (323) 644-9557.
FLASHING LIGHTS TO WARN OTHER DRIVERS
Q: I was recently pulled over in a CMV for flashing my headlights at an oncoming CMV to warn him that there was a local city cop watching traffic ahead. I was pulled over by a KHP at a time when headlights were not needed and told that it was illegal to flash my headlights. I always thought it was a common courtesy to do this? Thank you – Adam in Kansas
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: It varies from state to state as to whether flashing headlights is an illegal practice, but you will find that 49 CFR 393.24(a) requires headlights on commercial vehicles to be steady burning. So, it could be construed, headlights that flash would be a violation of the federal safety regulations. Now I have a question for you: from my past experience in law enforcement, I found the truly professional drivers always drove within the limits of the law. So, why would it be necessary to warn someone who isn’t violating the law that there is a police officer ahead of them? If you were to look at it from the officer’s point of view, what you consider to be a common courtesy actually interferes with him trying to do the job we pay him to do. The people you end up warning are the very same ones he or she needs to be talking to!
BEHIND THE WHEEL WITH A CDL PERMIT
Q: My CDL was suspended for three years because of a speeding ticket that I did not pay. I had to take all of the tests (written and driving) all over again. I now have my CDL permit. Should my instructor (a CDL driver) log this as on-duty not driving or can he log in the sleeper? – Jerry in California
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA:Your instructor, a CDL licensed driver, must be in the “jump seat” at all times when you are behind the wheel. Also, a person possessing an Instruction Permit for a CDL would be required to log their time as “on-duty – not driving” if he or she is performing any work for the motor carrier, performing a pre-trip inspection, or sitting in the jump seat, etc. You can only log sleeper berth time if you’re actually in the sleeper berth.
CSA 2010 AND YOUR DRIVER SCORE
Q: If you get a speeding ticket but not an inspection and the ticket is reduced or dismissed, does it get reported on your CSA 2010 driver record? Thank you – Larry in Missouri
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: Only Roadside Inspection Levels 1, 2, 3 & 4 will be recorded on the driver’s or motor carrier’s data. If a driver receives a citation that was not recorded on a Roadside Inspection, the citation will affect only your driving record.
~ 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 2/10/10 .