Warning: Laws are subject to change without notice.<\/span> OUT-OF-SERVICE FOR INCOMPLETE LOG<\/strong><\/p>\n Q:<\/strong> I was recently given a full vehicle inspection by a trooper at a weigh station. My logbook was filled out but the lines on the graph were not completed each day, according to the trooper. I thought I was doing it correctly. I was 90 minutes away from home when the trooper placed me Out-of-Service for ten hours, even though I proved I was only on the road that day for 3-1\/2 hours. What is the law? \u2013 Jim in Michigan<\/p>\n A:<\/strong> Provided by Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX:<\/strong> In Part 395.8(a) it states that a Record of Duty Status (logbook) must be completed for each 24 hours. If a driver fails to complete their logbook each day, then the driver is in violation and subject to a citation and\/or being placed Out-of-Service.<\/p>\n VIOLATING AN OUT-OF-SERVICE ORDER<\/strong><\/p>\n Q:<\/strong> True or false \u2013 fines for violating an Out-of-Service order range from $2,500 to $5,000 for drivers and $2,750 to $25,000 for motor carriers? Thanks \u2013 James in Illinois<\/p>\n A:<\/strong> Provided by Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA:<\/strong> Mostly true. The civil penalty for a driver who violates an Out-of-Service order cannot be less than $2,500. But, if the driver gets a second conviction, the penalty cannot be less than $5,000. On top of those amounts, depending upon the state in which a conviction is made, there could also be additional fines, including court fees (even if the case never sets foot inside a courtroom). Subpart D \u2013 \u201cDriver Disqualifications and Penalties\u201d says: \u201c383.53 Penalties. (b) Special penalties pertaining to violation of Out-of-Service orders \u2013 (1) Driver violations. A driver who is convicted of violating an Out-of-Service order shall be subject to a civil penalty of not less than $2,500 for a first conviction and not less than $5,000 for a second or subsequent conviction, in addition to disqualification under 383.51(e). (2) Employer violations. An employer who is convicted of a violation of 383.37(c) shall be subject to a civil penalty of not less than $2,750 nor more than $25,000.\u201d<\/p>\n PROPERLY SECURING A SPARE TIRE<\/strong><\/p>\n Q:<\/strong> What is the proper tie down requirements for carrying a spare tire on our truck? California has stopped several of our trucks stating that rope, rubber straps and 2-inch straps are not proper. We are being put Out-of-Service for this and it\u2019s killing our safety rating. Please help. Thanks \u2013 Monty in Ohio<\/p>\n
\n These interpretations were made on November 14, 2011.<\/span><\/p>\nBrought to you as a public service by Ol\u2019 Blue, USA and 10-4.
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