Ask The Law™ - May 2010
Questions Regarding CSA 2010 Scores,
Understanding English and More Answered by
Law Enforcement Officials (as of May 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on April 12, 2010
Brought to you as a public service by Ol’ Blue, USA and 10-4.
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www.askthelaw.org
UPCOMING EVENTS IN CALIFORNIA & NEVADA
Please join our Ol’ Blue, USA “Safety Center”® in Pleasanton, CA at the American Truck Historical Society Convention on May 27-29 and at the Great West Truck Show in Las Vegas, NV on June 17-19. We are pleased to announce that Trooper Elmer Johnson and his team from the Nevada Highway Patrol will be joining us in Las Vegas again this year. Please visit our website at www.safetytour.org for more details.
OVERSIZE LOADS & CSA 2010 SCORES
Q1: How will CSA 2010 affect the “oversize load” trucking industry since it doesn’t follow the same criteria as the rest of the industry? – Dave, Pennsylvania
A1: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: I have not read anything in CSA 2010 that indicates size and weight violations will have an effect on a driver’s CSA 2010 score. Most of the size and weight violations are violations of state laws and not violations of the federal DOT Regulations.
COMPANY HAS POOR CSA 2010 RATING
Q2: The carrier I drive for has a “deficient” rating for CSA 2010. What does this mean exactly and what are the tiers of rating categories? Thank you – Heather, Ohio
A2: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: When FMCSA starts rating motor carriers under CSA 2010, the ratings will be: (1) Continue to operate; (2) Marginal; and (3) Unfit. When you mention “deficient” I take it that the motor carrier has areas in their operation that are not up to par. It means that the motor carrier better start making some changes to the specific violations noted soon.
UNDERSTANDING ENGLISH WHEN IN A CMV
Q: My friend was put out-of-service for not understanding English and the officer only asked him one question – “What year were you born?” He answered “Vietnam” and then the officer put him out-of-service. Can a CMV driver be put out-of-service for this misunderstanding? This happened in Georgia and we are from California. We are not very familiar with their accent there. Thanks for any help you might be able to offer – Chien, California
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Title 49, Code of Federal Regulations, Part 391.11(b)(2), requires a driver be able to communicate in English. The regulation does not clearly provide a method for determining sufficient communication skills. The Georgia State Patrol would need to be contacted directly to inquire on the specifics as to why the driver was placed out-of-service and what policies are in place in their state regarding placing a commercial driver out of service for a communication issue.
POWER LINE & CMV HEIGHT STANDARDS
Q: I would like to know where the written code is for overhead power lines, and also how the DOT came up with the tractor-trailer height to be standard at 13’6” in overall height from pavement to roof. Thank you for your help in advance – Ray, New Jersey
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: According to the Federal Highway Administration there is not a federal height standard for trucks. Most states adopted 13’6” as a standard, but some western states allow a truck to be 14’ high. The organization called American Association of State Highway and Transportation Officials (AASHTO) is a semi-quasi agency that publishes standards for highway construction. Its members include the Transportation Departments of the states. This organization has been around since about 1914 and has worked under its current name since about 1975. They have a bunch of guidelines available for sale on the Internet. The National Electric Code (NEC) establishes electrical standards for the United States. The NEC standard for utility lines crossing a highway is 18’ above the road. NEC standards are not laws or regulations, but many states use them.
~ 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 4/12/10 .