Join us in Pomona, California

Our Ask The Law™ team will be in our Safety Center™, along with officers from the California Highway Patrol, to help drivers and fleets understand various pertinent laws at The Golden State Trucking Expo, October 16 & 17.   You can also visit www.SafetyTour.org/ to find out more about this and other Ol’ Blue, USA events.

 

Brake Light Out During Level 1 Inspection

Q: One of our drivers had a level 1 inspection where 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 use their accident cameras to take photos of any violation we might get in the future? Is there any way we can get the officer to remove the violation since the light actually works? Clark in Minnesota

A: Provided by Sgt. Pete Camm (Ret.), California Highway Patrol, Sacramento, California:

Under Title 49 CFR,  § 393.9, 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 minute section of plastic surrounding a wire is compromised - a mechanics 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 a picture(s) 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.

 

Truck Lane Restriction in California

Q: When climbing grades such as Baker Grade there are truck lanes for slow vehicles. With the 2 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 from the lane next to the "truck" lane? Please include Motor vehicle code. Thanks! Leo in Nevada

A: Provided by Sgt. James Portilla, California Highway Patrol, Commercial Vehicle Section, Sacramento, California:

California Vehicle Code (CVC) 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 and/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 road drivers? Thanks in advance, Lon in Kentucky

A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska:

I’m assuming your friend’s truck is over the 10,000 lbs. 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 operations 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.

 

Can I Drive over the 14-Hour Rule?

Q: If I get stuck in traffic because of an accident am I allowed to drive past the 14 hours up to 2 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, 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 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 2 extra hours to get to a safe location provided the driver does not drive after reaching their 14th hour.

 

 

Warning: Laws are subject to change without notice. These interpretations were made on August 12, 2010.

The Ask The Law™ programs, which are provided as a public service by Ol' Blue, USA™, are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. The specific purpose is to have truckers contact Ol’ Blue, USA and pose questions to law enforcement officials relating to safety and legal issues concerning commercial vehicles. Truckers may submit questions at www.askthelaw.org.

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.

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