Questions about Having Two Logbooks, Drinking Alcohol & More Answered by Law Enforcement Officials (as of January 2014)
Warning: Laws are subject to change without notice.
These interpretations were made on December 11, 2013.
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DRIVER USING TWO LOGBOOKS AT ONCE
Q: As a driver, can my company require me to run two logs at once? Thank you – Jose in California
A: Provided by Sgt. Pete Camm (Ret.), California Highway Patrol, Sacramento, CA: Only if both logs are filled out exactly the same and the information is correct. If both logs aren’t the same and the log entries are for the same days or same trip, then you’re looking at a violation of possessing a false log. A driver presenting a false log is subject to being cited under 34506(a) VC, 13 California Code of Regulations, 1213(f) or under the federal regulations (395.8(e) CFR) and placed out-of-service (red-lined).
STAYING ON-DUTY AFTER 70 HOURS
Q: Can I stay “on-duty not driving” after my 70 hours? Thank you in advance – Bill in Wisconsin
A: Provided by Jim Brokaw, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: Yes, you can stay “on-duty not driving” after your 70th hour. 49 CFR Part 395 restricts your availability to drive, not the number of hours you may work. The key word in 49 CFR 395.3(a) is “drive” where the regulation states: “…no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle…” It goes on to state the three hours-of-service rules. Just remember, the longer you stay on-duty the later it will be before you’ll have hours available to drive again.
USING THE RIGHT HOURS-OF-SERVICE RULES
Q: Which interpretation of the hours-of-service rules should I be following if I pick up freight at a warehouse in Ontario, CA and deliver it to an export company in Los Angeles, CA but it has an out-of-state or out-of-country destination? Is this considered to be intrastate transportation? Thank you – Craig in California
A: Provided by Officer Jaime Nunez, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA: Section 390.5 of the Federal Motor Carrier Safety Regulations defines interstate commerce. Interstate commerce means trade, traffic, or transportation in the United States between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States. The transportation you described in your question meets the definition of interstate commerce, not intrastate commerce. Consequently, interstate driver hours-of-service rules apply to your example. During an on-road inspection, an inspector will examine the paperwork relating to the load. This way, a determination can be made whether the load is interstate or intrastate. Once determined, the proper driver hours-of-service rules can be applied.
DRINKING A BEER BEFORE DRIVING
Q: I’ve heard from other drivers that the blood alcohol concentration was changed from .04 to .00 for CDL drivers both in the CMV and also in private non-CDL vehicles. Is it true that we can’t even have one beer and drive any vehicle? Thank you – Tom in Wisconsin
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: DOT regulations apply to drivers operating commercial motor vehicles (see definition in Part 390.5) that are subject to DOT regulations. If you are operating a motor vehicle that is not subject to DOT regulations, then the DOT regulations are not applicable. Part 382.201 states that a driver cannot report for duty (nor can a motor carrier use a driver) who has a BAC of 0.04 or more. Part 383.51 states that a driver can have their CDL suspended for one year if their BAC is .04 or more. Under CVSA Out-of-Service Criteria, a driver is to be placed out-of-service for 24 hours if the driver has a detectable amount of alcohol. So, if you are stopped roadside operating a CMV and alcohol is detected, you are out-of-service for 24 hours. If you are requested to provide a breath test and you refuse or the alcohol concentration is .04 or more, your CDL is suspended for one year. If you are operating your personal vehicle and stopped for a DWI or DUI, your alcohol concentration must be .08 or more.
~ 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 December 11, 2013.