Ask The Law™ - September 2010
Questions about Inspections, Lane Restrictions,
Logbooks & More Answered by Law Enforcement
Officials (as of September 2010)
Warning: Laws are subject to change without notice.
These interpretations were made on August 12, 2010
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BRAKE LIGHT OUT DURING INSPECTION
Q: One of our drivers had a level 1 inspection and the officer found a brake light out. The driver did not ask to see the light. The driver returned to our yard an hour later and our mechanic found the light to be working. He checked the wiring and light and found no problems. Is it okay if our drivers take photos of any violation we might get? Is there any way we can get the officer to remove the violation since the light works? Thanks – Clark in Minnesota
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Under Title 49 CFR 393.9, the brake lights must work. On some trucks, the ignition has to be on for the lights, including brake lights, to work. Other times a short can be a problem, especially if only a small section of plastic surrounding a wire is compromised (a mechanic’s nightmare). And, of course, the officer or inspector could have missed it. When I was working the chicken coup, I didn’t have a problem with a driver taking pictures of a mechanical violation. As far as whether or not an officer removes a violation – it is up to the policies and procedures of the department the officer works for, and ultimately, up to the officer.
CALIFORNIA TRUCK LANE RESTRICTIONS
Q: When climbing grades such as Baker Grade, there are truck lanes for slow vehicles. With the “two right lane restriction” that California has for commercial vehicles, is the “truck” lane considered one of those two lanes or can an empty truck pass using the next lane over? Thank you – Leo in Nevada
A: Provided by Officer James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: California Vehicle Code Section 22348(c) states, “When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the lane to the immediate left of the right-hand lane, or the right hand lane for traffic.” Under normal conditions, the lanes to the immediate left of the right two lanes are not available to truck and trailer combinations. Truck or slow vehicle lanes are by definition “lanes” and to be considered one of the two right-hand lanes.
LOGBOOK RULES FOR NON-CDL DRIVERS
Q: My friend drives a straight-truck (less than 26,000 lbs.), CDL not required. He hauls freight for a box company in interstate hauls. Is he required to log his trips like regular over-the-road drivers? Thanks in advance – Lon in Kentucky
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: I’m assuming your friend’s truck is over the 10,000 lb. threshold and subject to the Federal Motor Carrier Safety Regulations. If this is the case, he is subject to the same hours of service requirements as regular road drivers. However, depending on how far he travels, he may not have to carry a logbook. Since he isn’t a CDL driver, he may qualify for the logbook exception for short-haul drivers found in 49 CFR 395(e)(2). He wouldn’t have to carry a logbook if he stays within a 150 air-mile radius of his terminal and is home every night, completes time cards showing when he starts the day, finishes the day and his total hours worked each day, and he complies with the 11-hour, 14-hour and the 60/70-hour rules.
FORCED TO DRIVE OVER 14 HOURS
Q: If I get stuck in traffic because of an accident, am I allowed to drive past the 14 hours, up to two hours, in order to get to a truck stop or safe haven if normally I could end the run in 11 hours driving/14 hours on duty? Thank you – Dorel in Canada
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: In Part 395.1, it only defines adverse weather conditions – nowhere does it talk about being delayed because of traffic or tie-ups due to a crash. If the driver is delayed due to a crash caused as a result of adverse weather conditions, the driver is allowed two extra hours to get to a safe location, provided the driver does not drive after reaching their 14th hour.
~ 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 8/12/10 .