Ask The Law™ - June 2010
Questions about CSA 2010, Logbooks,
Chocking Trailer Wheels & More Answered by
Law Enforcement Officials (as of June 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on May 10, 2010
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JOIN US AT THE TRUCK SHOW IN LAS VEGAS
Please join our Ol’ Blue, USA “Safety Center”® 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.
DRIVER USING TWO LOGBOOKS
Q: As a driver, can my company require me to run two logs at once? Thank you – Mike in California
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Only if both logs are filled out exactly the same and the information is correct. If both logs aren’t the same and the log entries are for the same days or same trip, then you’re looking at a violation of possessing a false log. A driver presenting a false log is subject to being cited under 34506(a) VC, 13 California Code of Regulations, 1213(f), or under the federal rules (395.8(e) CFR), and placed out-of-service (red-lined).
OVERSIZE VIOLATIONS & CSA 2010
Q: I was in Nebraska with a 10-foot wide permit load and the weather was foggy. I was stopped by a Nebraska State Patrol Officer and was found in violation of Nebraska Code Section 39-102, Violation Code 622, and cited for a violation of Dept. of Roads Rules and Regs. I was not placed out-of-service but was VERY instructed to stop and wait for the fog to lift. Nebraska oversize permits require a half-mile of visibility or greater. My question is: how does this citation affect my safety record in accordance with the new CSA 2010 regulations? Thanks – Ken in South Dakota
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: The citation won’t affect your safety record under the new CSA 2010 rules unless you are stopped by a Motor Carrier Safety Assistance Program (MCSAP) certified trooper and he includes the violation on a Nebraska Driver/Vehicle Inspection Report as a 49 CFR 392.2 violation of local laws, which is then sent on to the FMCSA. At this time, I haven’t seen in the FMCSA’s Driver Safety Management System (DSMS) any descriptions under the Unsafe Driving BASIC that would include violations of over-dimension permits. However, considering the circumstances of the situation, the trooper could have used 49 CFR 392.14 – failing to use caution for hazardous driving conditions – that on CSA 2010’s severity scale of 1 to 10 for “Unsafe Driving Violations” carries a severity weight of 5.
LOGBOOK NOT CURRENT WHILE RESTING
Q: I recently parked one evening on an off-ramp on I-5 in Kern County. I did not bring my logbook up-to-date. When my 10 hours were up, a CHP officer woke me up and told me I couldn’t park on the ramp. He then gave me a parking ticket and a logbook violation. Am I required to fill out my logbook right when I stop? – Mike in Canada
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Title 49, Code of Federal Regulations, Part 395.8(f)(1) and Title 13, California Code of Regulations Section 1213(g)(1), require entries on a driver’s record of duty status to be current to the time shown for the last change of duty status. Prior to, or just after, entering your sleeper berth, you are required to indicate the change of duty status and indicate the name of the city or town, along with the state abbreviation, where the change of duty status occurred. After you leave the sleeper, you would then record the actual time you spent in the sleeper berth and update your logbook to indicate your next change of duty status.
CHOCKING THE TRAILER WHEELS
Q: When a trailer is being unloaded or loaded at a dock, exactly whose responsibility is it to chock the trailer’s wheels – the driver or the worker on the dock? Thanks – Willis in Indiana
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: There is nothing in the DOT regulations that addresses this issue in particular. This is something that needs to be worked out between you (the driver) and the shipper or receiver at the dock.
~ 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 5/10/10 .