Revised Hours-of-Service Rules

On December 23, 2010 the FMCSA issued new Hours-of-Service (HOS) rules. In light of these new rules, we have received several questions. Next month, after our team has muddle through all of the 212 pages of these changes and revisions, the most popular questions will be answered pertaining to these new regulations.

 

Maximum Length of Combos in CA

Q: I received a citation for VC35401 (A). The officer said that the maximum length of a tractor and trailer is 65 feet. Most haulers use 53-foot trailers and a conventional tractor. Is the law 65 feet? If so, most haulers would be getting citations. Please advise - Cornelis in California

A: Provided by Ofc. Jaime Nunez, California Highway Patrol, Commercial Vehicle Section, Sacramento, California:

California Vehicle Code (CVC) Section 35401(a) requires vehicle combinations to be 65 feet or less. However, Section 35401.5(a) CVC provides an exemption to the 65-foot limit for combinations consisting of a truck tractor and semitrailer on certain California truck routes.

California's truck routes are available at www.dot.ca.gov . Additionally, vehicle combinations that contain a trailer longer than 48 feet must maintain a king pin to rear axle setting of 40 feet or less.

 

Proper Logbook Procedures

Q: What dictates whether a driver can use the 60-hour/7 day or 70-hour/8 day rule? Nothing I have found spells it out completely. Thank you - Tim in Ohio

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

You'll find your answer in 49 CFR 395.3(b)(1) and (2). It states the 60 hour / 7 day rule applies to employing motor carriers that do not operate commercial motor vehicles every day of the week and the 70 hour / 8 day rule applies to employing motor carriers that do operate every day of the week. Guidance questions 1 and 2 to 49 CFR 395.3 further clarify this. The driver does not have the option to select the rule he/she wishes to use; it is the motor carrier's daily operations that determines the rule.

 

Logging Oil Field Work

Q: I haul water for the oil fields in Pennsylvania. We stay local and have been running time sheets. The customer now wants us to run a log most of our runs are 20 to 30 miles back and forth. My question is can we run our complete shift on line 4 on duty not driving? If so, do we still need a time sheet or any other documents? Thank you, Jamie in Pennsylvania

A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:

I would check with your motor carrier. They are the ones who determine how the driver will record their hours and not who the motor carrier hauls for. If the motor carrier chooses to follow the shipper's request, then the drivers have no choice but to complete a log. Check with your motor carrier and see how they want your log completed.

DOT Regulations do allow drivers to complete logs in several ways depending on what the driver does. The motor carrier is not required to allow the driver to use those alternatives. It's their choice.

 

Company Changing Accident Status

Q: Is it legal for a company to change a non-preventable accident into a preventable upon termination from company. Tim in Ohio

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

I'm presuming you're talking about a DAC report provided under the auspices of Hire Right, since FMCSA's Pre-Employment Screening (PSP) doesn't take information from a company. Hopefully, Hire Right required your old employing motor carrier to provide documentation to amend a non-preventable accident to a preventable accident. While Hire Right is required to abide by laws such as the Fair Credit Reporting Act and other federal and state regulations, I do not know the specific scope of rules Hire Right uses. You may contest any information in your DAC report by filing a dispute form available at the following URL: http://www.hireright.com/Consumers-Applicants.aspx.

 

Warning: Laws are subject to change without notice. These interpretations were made on January 14, 2012.

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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