Questions about Logbook Regulations, Sun Visors & More
Answered by Law Enforcement Officials (as of October 2012)
Warning: Laws are subject to change without notice.
These interpretations were made on September 14, 2012.
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LOGGING TOLL ROADS
Q: I recently was fired for not properly filling out my logbook. Where does it say in the federal motor carrier regulations that we must specifically log in toll roads? I have been driving for over 21 years and have never heard anything about this before. Thanks – Jerry in California
A: Provided by Jim Brokaw, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: 49 CFR 395.8 specifies all of the requirements for your logbook. It lists the required information that must be entered in your log and also includes the requirement that your log accurately reflects your activities. 49 CFR 395.8(f)(7) requires you, the driver, to certify the correctness of all entries by signing the record. Your signature certifies that all entries required are true and correct. If you drive on a toll road, your log must reflect that. Inaccuracies in a log are considered falsification and 49 CFR 395.8(e) states that doing so makes both the motor carrier and driver liable to prosecution. Taking it a step further, Guidance Question 10 to 49 CFR 395.8 clarifies which supporting documents must be maintained by the motor carrier. FMCSA requires the motor carrier to use these documents to verify the information recorded on the driver’s record of duty status (logbook). Of the numerous documents listed in the answer to that question, toll receipts and toll billing statements are specifically listed.
KEEPING YOUR LOGBOOK CURRENT
Q: I have heard rumors that the California Highway Patrol (CHP) has been issuing tickets to drivers for not having their log book “current” every four hours, even with no change-of-duty status. Is this true? I drive from Phoenix to Los Angeles three times a week, leaving out at 9:00 P.M. My company makes me drive non-stop to beat the morning rush-hour traffic. My company tells me, under Federal Law 395.8, if my duty status has not changed, I do not have to update my logbook. If you could, please clarify this issue for me. Thank you in advance – Pat in Arizona
A: Provided by Sgt. Pete Camm (Ret.), California Highway Patrol, Sacramento, CA: Title 13, California Code of Regulations, Section 1213(g)(1) reads: (g) “Driver responsibility”. The driver’s activities shall be recorded in accordance with the following provisions: (1) Entries to be current. “Drivers shall keep their record of duty status current to the time shown for the last change of duty status.” Title 49, Code of Federal Regulations, Part 395.8 (f)(1) reads: (f) The driver’s activities shall be recorded in accordance with the following provisions: (1) Entries to be current. “Drivers shall keep their records of duty status current to the time shown for the last change of duty status.” It appears California and federal regulations pertaining to recording of driver’s activities are exactly the same in this instance. If federal and state laws are the same, then federal interpretations may be used for clarification. The CHP does not have departmental policy contrary to what is in the above regulations.
RULES REGARDING SUN VISORS
Q: Where do I find and what are the legal definitions regarding the size of outside sun visors on Class-8 trucks? Thank you – Mark in Canada
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: DOT Troopers/Inspectors conducting roadside inspections inside the U.S. will use Part 393.60 subsections (c), (d), and (e). They are trained to look for any objects or tinting below what is called the “AS1 line” located near the top of the front windshield. Anything below that line is a violation. There are several different aspects described in the subsections, so I urge you to look them up and read through them to fully understand all of the requirements.
~ The Ask The Law™ programs are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. 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 September 14, 2012.
1 Comment
I can’t find anywhere in 49CFR 395.8 that says you must differentiate between toll and non-toll roads.
So I take your quote “If you drive on a toll road, your log must reflect that” to mean that time must be recorded as On Duty Driving, which would seem obvious.
And besides, toll booths don’t have parking areas to stop and notate on your RODS. In fact E-ZPass eliminates stopping at all. That would be about as foolish as stopping at every state line to note the fact.