Ask The Law™ - August 2010
Questions about CSA 2010 Points, Bills of Lading,
Seat Belts & More Answered by Law
Enforcement Officials (as of August 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on July 12, 2010
Brought to you as a public service by Ol’ Blue, USA and 10-4.
Submit your questions to
www.askthelaw.org
JOIN US IN DALLAS AT GATS SHOW
Our Ask The Law™ team will be in our Safety Center™, along with troopers from the Texas Highway Patrol, to help drivers and fleets understand various pertinent laws at The Great American Trucking Show, August 26-28 in Dallas, TX. Please visit www.safetytour.org to find out more about this and other Ol’ Blue, USA events.
CSA 2010 POINTS & PERSONAL VEHICLES
Q: When the new CSA 2010 system comes into effect, if a driver who is off-duty and in their personal vehicle (car or pickup) is issued either a warning or an actual traffic violation, will that violation be reflected on their data for their CSA 2010 score? Thank you – Joe in Oregon
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:Only violations that are found when you are operating a commercial motor vehicle and you go through a Level 1, 2, 3 or 6 inspection on the road will have an effect on your CSA 2010 driver score.
WRONG WEIGHT ON BILL OF LADING
Q: I would like to know what the consequences are for an overweight ticket. The company that I haul for lied to me about the weight of my load and I got a ticket. Thanks for your time – Hector in California
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Exceeding the statutory maximum weight is a violation, which, depending on the circumstances, could result in a citation or verbal warning. The citation could be a misdemeanor or an infraction and usually has a fine associated with it. In California, weight fines are listed in Division 18 Article 2 of the California Vehicle Code, but actual fines vary and depend on the court jurisdiction from where the citation was issued. Normally overweight citations do not result in “points” on your driving record. Other states may have different rules. It is important for commercial vehicle drivers to monitor the loading of their vehicles to ensure they are not being overloaded. When in doubt, the vehicle should be weighed at a public scale to ensure the driver’s safety. Ultimately, the driver is responsible to ensure that his or her vehicle is not overloaded.
DUI LIMITS FOR CDL DRIVERS
Q: Does the alcohol limit of .04 for a class A driver apply when the driver is operating any car or non-commercial vehicle, or does it only apply when the driver is in a CMV? Thanks – Ken in California
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Under California Vehicle Code (CVC) 23152 and 23153, the .04 BAC applies to commercial motor vehicles (CMV), that is to say, a vehicle which requires a driver to possess either a class A, class B, or class C license (15210 CVC). If you are convicted (or are a refusal) for DUI in a non-CMV (generally .08 BAC or above) that conviction will jeopardize your CDL (49 CFR, 383.51, CVC 15300 and/or 15302).
MOUNTING SEAT BELTS IN A CMV
Q: Is there a federal law about how the seat belts in a CMV must be secured or attached? Thanks – Craig in Georgia
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB:Yes, there is. 49 CFR 393.93 addresses seats, seat belt assemblies, and seat belt assembly anchorages. All trucks and truck tractors manufactured on or after July 1, 1971, except a truck or truck tractor being transported in driveaway-towaway operation and having an incomplete vehicle seating and cab configuration, must conform to the requirements of Federal Motor Vehicle Safety Standard No. 2081 (571.208) relating to installation of seat belt assemblies and Federal Motor Vehicle Safety Standard No. 2101 (571.210) relating to the installation of seat belt assembly anchorages. You can find both the Federal Motor Carrier Safety Regulations and also the Federal Motor Vehicle Safety Standards on the U.S. DOT’s website.
~ 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 7/12/10 .