Warning:  Laws are subject to change without notice

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ABS System Light On

Q:   The Company I work for has trailers with the ABS system.  The light on the dash indicates that there is a problem with the system.  According to the mechanic he called the main office about the problem, and because of the cost involved, they were not authorizing the mechanic to fix the problem.  Your comments please, Gary in Michigan

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

The DOT Regulations in Part 393.55 states that a truck-tractor and/or
semi-trailer manufactured after a certain date has to be equipped with an
Antilock Brake System.  The Regulations just states that the vehicle(s) be
equipped with an ABS.  There is no violation if the system is not working or there is a malfunction.

What I would recommend that you do is write it up on your Driver Vehicle Inspection Report (DVIR/post-trip inspection) everyday that you get a light on the dash showing an ABS malfunction.  This will let the motor carrier know that there is a problem and will relieve you of any action in the future.

Permitted Side Lights on a CMV

Q:   What is the law regarding lights placed in front of the driver�fs door, on air breathers, fenders mounts, etc., when the red lights are facing to the rear of a CMV.  An inspector told me that any light that remains on in front of a door is illegal.  Is this so?  Thanks. David in Arizona

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

Certain lights may be permitted on the side of a vehicle depending on what they are being used for.  If a light is a side-marker or clearance light it must meet certain requirements.

 Federal Motor Regulations 393 subpart B require all lighting equipment meet the installation and performance requirements contained in Federal Motor Vehicle Safety Standard (FMVSS) #108. FMVSS does not have a provision for lights designated as fender lights, mirror lights or air cleaner lights.

 In California, Vehicle Code Section 24003 does not allow lighting unless required or permitted.  A light not meeting federal installation and performance requirements or a light designated as a mirror light, fender light or air cleaner light would not be legal.

Logging Lunch with Other Duties

Q:   I have several drivers who want to bracket their total time when they are at a single location instead of showing the change of duty statuses.  Often there will be a vehicle inspection - on duty not driving, a lunch break - off duty, and then wait time for loading or hooking equipment - again on duty not driving.  I say they can't bracket their time because it�fs different duty statuses.  Thanks for being a great mediator for our compliance discussions.  Jennifer in California

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

You are correct and the answer to your question is found in Interpretation Question #6 for 49 CFR 395.8:

 Question 6: How should multiple short stops in a town or city be recorded on a record of duty status?

 Guidance: All stops made in any one city, town, village or municipality may be computed as one. In such cases the sum of all stops should be shown on a continuous line as on-duty (not driving).  The aggregate driving time between such stops should be entered on the record of duty status immediately following the on-duty (not driving) entry.  The name of the city, town, village, or municipality, followed by the State abbreviation where all the stops took place, must appear in the "remarks" section of the record of duty status.

 Please note this is allowed for only on-duty time and driving time.  No provision is made for the inclusion of off-duty or sleeper berth time.  Something I find interesting about this interpretation is the order in which FMCSA requires the driver to record the time; on-duty time first and driving time following.  With the driving time recorded last, should the driver exceed an hours-of-service rule, this insures he will be driving during the time the violation occurs.

The Ask The Law(TM) programs, which are provided as a public service by Ol�f Blue, USA(TM), are an ongoing educational effort between Ol�f Blue, USA and commercial law

 Enforcement agencies.  The specific purpose is to have truckers contact Ol�f Blue, USA and pose questions to law enforcement officials relating to safety and legal issues concerning commercial vehicles.  Truckers may submit questions atwww.askthelaw.org . 

Warning:  Laws are subject to change without notice.  These interpretations were made on December 09, 2008.

Founded in 1986, Ol�f 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.  �gAsk The Law�h(TM) is a registered trademark of Ol�f Blue, USA.  This column is copyrighted(C) by Ol�f Blue, USA.