Trucking Law

§395.3 Maximum Driving Time for property-carrying vehicles

2011-01-10T08:31:00.000-08:00

May a motor carrier switch from a 60-hour/7-day limit to a 70-
hour/8-day limit or vice versa?

Yes. The only restriction regarding the use of the 70-hour/8-day
rule is that the motor carrier must have CMVs operating every day of the
week. The 70-hour/8-day rule is a permissive provision in that a motor
carrier with vehicles operating every day of the week is not required to use
the 70-hour/8-day rules for calculating its drivers’ hours of service. The
motor carrier may, however, assign some or all of its drivers to operate
under the 70-hour/8-day rule if it so chooses. The assignment of individual
drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the
discretion of the motor carrier.

www.utahtrucking.com

Driving in Hazardous Conditions

2010-11-22T09:37:00.000-08:00

392.14 Hazardous conditions; extreme caution
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

Utah Trucking Assoc.

Driving Record Reporting

2010-11-01T09:17:00.000-07:00

The quality and timeliness of conviction data that appears on driving records may improve now that the Federal Motor Carrier Safety Administration (FMCSA) has issued new guidance to state driver licensing agencies. The guidance is aimed at states that are lax at reporting conviction and disqualification information to other states or that fail to update driving records in a timely manner.

The DOT estimates that up to 100,000 active commercial drivers license holders have convictions on their records that were not reported to their licensing state and posted within the mandatory 10-day period. Such delays can allow CDL holders convicted of disqualifying offenses to continue driving without being detected by roadside inspection officials, and make it difficult for motor carriers to
identify and remove from service drivers who have been convicted of disqualifying
offenses.

Under federal CDL rules, if a state other than the state that issued a driver’s CDL convicts a driver for a traffic offense or withdraws or suspends their driving privileges, the state is required to notify the licensing state within ten (10) days. Similarly, whenever a state is notified of a conviction or disqualification from another state, or of a conviction occurring within the same state, it has to post the information to the driver’s record within ten (10) days. The new guidance should help states come into compliance with these 10-day reporting/posting requirements, the FMCSA says. The FMCSA says it will post maps on its website
showing which states are in compliance with the reporting requirements each
quarter. (JJ Keller)

Securing Cargo

2010-08-24T10:45:00.000-07:00

393.106 What are the general requirements for securing articles of
cargo?

When describing a headerboard or cab protection device, the regulations
state that similar devices may be used. What is meant by the term
“similar devices”?

The term “similar devices” has reference to devices equivalent in
strength and function, though not necessarily in appearance and construction,
to headerboards.

Utah Trucking News

391.65 Drivers furnished by other motor carriers

2010-07-26T12:48:00.000-07:00

391.65 Drivers furnished by other motor carriers.-Interpretations

If a driver furnished by another motor carrier is in the second carrier’s
service for a period of 7 consecutive days or more, may the driver still fall under
the exemption in 391.65?

No. The driver becomes a regularly employed driver of the second
motor carrier and the exemption in 391.65 is inapplicable.

391.31 Road test. Interpretations

2010-07-19T21:06:00.000-07:00

Q - How does a student enrolled in a driver training school comply with
the requirement to pass a road test?

A - The road test is administered only after the student has demonstrated
a sufficient degree of proficiency on a range or off-road course. A
student who passes the road test and is qualified to operate in interstate
commerce could cross a State line in the process of receiving training.

Utah Trucking News

Overview of Motor Carrier Industry: Types of Motor Carriers

2010-06-03T12:06:00.000-07:00

The U.S. highway trucking industry makes use of an extensive road and street system that occupies approximately 3.9 million miles. Of that amount, 42,000 miles are part of the interstate and defense highway system, which was designed to connect major cities with four-lane limited access roads.

* Private versus for-hire. The private carrier provides a service to the shipper that owns or leases the vehicles, and thus does not charge a fee. The for-hire carrier charges a fee for providing service to the public and can operate intrastate and interstate.
* Local vs. Inter-city. For-hire carriers are either local or inter-city operators. As local carriers they pick up and deliver interstate freight within what is commonly called a commercial zone of a city or region as defined by the Surface Transportation Board (STB).
* Interstate For-Hire Operating Authority. Interstate operating authority is required to transport property (regulated commodities) or passengers for-hire in interstate commerce. Obtaining this authority can be done by contacting the USDOT’s Federal Motor Carrier Safety Administration (FMCSA) at (800) 832-5660. It can also be don by processing a registration request online at www.fmcsa.dot.gov.
* Common vs. Contract. Common carriers are required to serve the general public when the need to do so is there, at reasonable rates, and without discrimination. Contract carriers, on the other hand, serve specific shippers with whom the carriers have a contract and are therefore not available for carrying freight for the general public.
* Intrastate Private Motor Carriers. Persons who provide transportation of property or passengers by commercial motor vehicle and are not for-hire motor carriers.
* Intrastate Household Goods Freight Forwarder. A freight forwarder of household goods, unaccompanied baggage, or used automobiles.
* Interstate Freight Carriers.
* Intrastate and Interstate Carriers of Hazardous Waste.
* Exempt. These for-hire carriers are specifically exempt from economic regulation by the STB. This gives them freedom from economic regulatory control by the type of commodity hauled ( agriculture, lumber, etc.), or by the nature of its operation, such as ancillary service to the air and ocean transportation industry. Rates charged and services provided and the numbers of vehicles used are determined strictly by market supply and demand.

Post-accident testing

2010-06-01T21:25:00.000-07:00

382.303
May an employer allow a driver, subject to post-accident controlled
substances testing, to continue to drive pending receipt of the results of the
controlled substances test?

Yes. A driver may continue to drive, so long as no other restrictions
are imposed by §382.307 or by law enforcement officials

2010-05-17T12:56:00.001-07:00

Automatic on-board recording devices

2010-05-17T12:53:00.000-07:00

395.15 Automatic on-board recording devices-Interpretations

Q - Must a motor carrier maintain a second (back-up copy) of the electronic
hours-of-service files, by month, in a different physical location than
where the original data is stored if the motor carrier retains the original
hours-of-service printout signed by the driver and provides the driver with
a copy?

A - No. By creating and maintaining the signed original record-of-duty
status printed from the electronic hours-of-service file, the motor carrier
has converted the electronic document into a paper document subject to
395.8(k). That section requires the motor carrier to retain at its principal
place of business the records of duty status and supporting documents for
a period of 6 months from date of receipt. If the motor carrier did not generate
a paper copy of the electronic document and retain a signed original,
it would be required to maintain the electronic file and a second (back-up)
copy.

Utah Trucking News

Pre-Employment Testing-Interpretations

2010-05-03T13:49:00.000-07:00

382.301-Pre-Employment Testing-Interpretations

Is a pre-employment controlled substance test required if a driver
returns to a pervious employer after his/her employment has been terminated?

Yes. A controlled substances test must be administered any time
employment has been terminated for more than 30 days and the exceptions
under 382.301(c) were not met.

Utah Trucking News

Uniform Commercial Drivers License Act Amendments 2010

2010-04-20T16:51:00.000-07:00

The bill modifies Uniform Commercial Driver License Act (53-3-407 et seq) by amending provisions relating to commercial driver licenses.
This bill:
. provides that the Driver License Division may, rather than shall, waive the skills test if it determines that an applicant for a commercial driver license meets certain requirements;
. provides that a person who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle for a period of not less than a year if convicted of driving a commercial motor vehicle while the person's commercial driver license is disqualified for violating certain offenses;
. increases the number of days that a driver of a commercial motor vehicle is disqualified from driving a commercial vehicle if the person is convicted of violating an out-of-service order;
. increases the minimum civil penalty amounts for a driver of a commercial motor
vehicle who is convicted of violating an out-of-service order;
. provides that an employer may not knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period when the driver is operating a commercial motor vehicle or employed by a motor carrier operation that is subject to an out-of-service order; and,
. increases the maximum fine amount for an employer who is convicted of knowingly allowing, permitting, or authorizing a driver to drive a commercial vehicle when the driver, the commercial motor vehicle, or a motor carrier operation is subject to an out-of-service order.

Driver Vehicle Inspection Reports

2010-04-19T09:16:00.000-07:00

396.11 -Interpretations
Does 396.11(c) require a motor carrier to effect repairs of all items
listed on a DVIR prepared by a driver before the vehicle is subsequently
driven?

The motor carrier must effect repairs of defective or missing parts and
accessories listed in Appendix G to the FMCSRs before allowing the vehicle
to be driven.

Utah Trucking News

Inspection, repair, and maintenance

2010-04-14T06:57:00.000-07:00

396.3 Inspection, repair, and maintenance.-Interpretations

Who has the responsibility of inspecting and maintaining leased vehicles
and their maintenance records?

The motor carrier must either inspect, repair, maintain, and keep suitable
records for all vehicles subject to its control for 30 consecutive days or
more, or cause another party to perform such activities. The motor carrier is
solely responsible for ensuring that the vehicles under its control are in safe
operating condition and that defects have been corrected.

Utah Trucking Association News

395.10 Drivers declared out-of-service-Interpretations

2010-04-05T11:04:00.000-07:00

May a driver operating a CMV under a lease arrangement with a motor carrier, after being placed out-of-service for an hours-of-service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?

No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out-of-service order which prohibits the driver from operating a CMV.

Utah Trucking Association

Computing Hours of Service

2010-03-29T13:07:00.000-07:00

395.3 Maximum driving time for property-carrying vehicle-
Interpretations

Does a driver, employed full time by one motor carrier using the 60-
hours in 7-day rule, and part-time by another motor carrier using the 70-
hours in 8-days rule, have the option of using either rule in computing his
hours-of-service?

No. The motor carrier that employs the driver on a full time basis determines
which rule it will use to comply with 395.3(b). The driver does not
have the option to select the rule he/she wishes to use.

Truck'n Hot News, March 29 - April 4, 2010

Cargo Securement Standards

2010-03-15T10:27:00.000-07:00

§393.100

Q: Which types of commercial motor vehicles are subject to
the cargo securement standards of this subpart, and what general
requirements apply? Do the rules for protection against shifting or falling cargo apply to CMVs with enclosed cargo areas?

A: Yes. All CMVs transporting cargo must comply with the applicable
provisions of §§393.100-393.106 (subpart I) to prevent the shifting or falling
of cargo aboard the vehicle.

391.15 Disqualification of drivers

2010-02-08T12:37:00.001-08:00

If a driver is convicted of one of the specified offenses in 391.15(c), but
is allowed to retain his drivers’ license, is he/she still disqualified?

Yes. A driver who is convicted of one of the specified offenses in
391.15(c), or has forfeited bond in collateral on account of one of these offenses,
and who is allowed to retain his/her driver’s license, is still disqualified.
The loss of a driver’s license and convictions of certain offenses in 39./15(c)
are entirely separate grounds for disqualification.

Truck'n HotNews 2/8/2010

395.1 Scote of rules in this part - Interpretations

2009-02-02T11:36:00.000-08:00

Are there allowances made in the FMCSAs for delays caused by loading and unloading?

No. although the regulation do make some allowance for unforseen contingencies such as in 395.1(b), adverse driving conditions, and 395.1(b)(2) emergency conditions, loading and unloading delays are not covered by these sections.

391.41 Physical qualifications for drivers - Interpretations

2008-11-12T19:34:00.000-08:00

May the medical examiner restrict a driver's duties?

No. The only conditions a medical examiner may impose upon a driver otherwise qualified involve the use of corrective lenses or hearing aids, securement of a waiver or limitation of driving to exempt intracity zones (see391.43(g). A medical examiner who believes a driver has a condition not specified in 391.41 that would affect his ability to operate a CMV safely should refuse to sign the examiner's certificate.

392.9 Inspection of cargo, cargo securement devices and systems - Interpretations

2008-10-08T13:15:00.000-07:00

Is a vehicle's cargo compartment considered sealed according to the terms of 392.(b)(4) when it is secured with a padlock, to which the driver holds a key?

No. The driver has ready access to the cargo compartment by using the padlock key and would be required to perform the examinations of the cargo and load securing devises described in 392.9(b)

383.77 Substitute for driving skills tests - interpretations.

2008-08-25T20:36:00.000-07:00

May a State grandfather drivers from skills testing under 383.77?

Yes provided that the applicant meets all of the eligibility conditions under 383.77, including current operation of a CMV (383.77(b)(1). Therefore, the pool of applicants eligible for grandfathering is limited to drivers with current CMV operation experience under a CDL waiver (e.g. farm, FRSI, firefighting, emergency and military vehicles).

Accident Records That You Must Keep

2008-08-20T14:44:00.001-07:00

390.15 Assistance in investigation and special studies - Interpretations.

Q: What types of documents must a motor carrier retain to support its accident register and be in compliance with 390.15(b)?

A: The documents required include all information about a particular accident generated by the motor carrier or driver to fulfill its accident reporting obligations to State or other governmental entities or that more carrier's insurance carrier. The language of paragraph (b)(2) does not require a motor carrier to seek out, obtain and retain copies of accident reports prepared by State investigators or insurers.

Utah and DOT Regulations

2008-01-07T08:12:00.000-08:00

I will be participating in a seminar discussing different types of trucking issues. I will present an Overview of Motor Carrier Industry, and an Overview of Applicable Case Law Governing Trucking Litigation.

If you are interested, here is the link:

http://www.lorman.com/seminars/seminar_details.php?sku=372835

Driver Retention

2007-05-28T14:09:00.000-07:00

Employee retention is a problem for everyone in the trucking industry - for every industry actually. The big questions is "how do we deal with the new generation of employees?"

I recently attended the Utah Trucking Association annual meeting in St. George, Utah. One of the speakers, Dan Baker spoke about dealing with the new generation of employees. This is a summary of what struck me as I listened to him:

If you value your employees - listen to them!
Don't use nicknames, say thank you and ask them how they are feeling.
Do not tolerate back biting.
Kids learn by touching and feeling - not by a lecture.
They do not work well or long if they are being coerced by fear.
Keep in mind what is important to your Drivers: get rolling, get paid, and get home.

and a closing thought from Dan: "What if God repossessed everything for which you had not said thank you in the past 30 days?"

Using a Truck Tractor as a reprensentative vehicle.

2007-03-31T14:10:00.000-07:00

Q: May a driver use a truck tractor (as defined in 49 CFR 390.5) as a representative vehicle for purposes of completing the skills test for a Class B commercial driver's license (CDL)?

No. A driver must be tested in a truck or bus (as defined in 49 CFR 390.5) or other single unit vehicle with a gross vehicle weight rating (GVWR) of 11,749 kilos (26,001 lbs) or more to satisfy the skills testing requirements for a Class B CDL. A truck tractor is designed to operate with a towed unit, typically a semi-trailer and therefore could only be used as a representative vehicle when connected to a semi-trailer, for a Class A CDL.

tip of the hat to Utah Trucking Association for their "Tip of the Week".

Getting Motor Vehicle Records in Utah

2006-05-05T13:44:00.000-07:00

The release of protected motor vehicle records is governed by Utah law, §41-1a-116, Utah Code Annotated, and the Federal Driver’s Privacy Protection Act. Both federal and state law allow the disclosure of records under the following situations:

- The person who submitted the information in the record, or, in the case of an incorporated business, an officer of the corporation.
- To any government agency, including any court or law enforcement agency, in carrying out its functions.
- For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories.
- For use in the normal course of business by a legitimate business to verify the accuracy of personal information submitted by the individual to the business.
- For use in connection with any civil, criminal, administrative or arbitral proceeding in any Federal, State or local court or agency.
- For use in research activities and for use in producing statistical reports, so long as the personal information is not published, re-disclosed or used to contact individuals.
- For use in providing notice to owners of towed of impounded vehicles.
- For use by any licensed private investigative agency or licensced security service for any purpose permitted under the act.
- For use by any requestor, if the requestor presents written consent from the individual to whom the information pertains.
- For any other use specifically authorized under the law of the state that holds the record, is such use relates to operation of motor vehicles.

After demonstrating a legal right to access the vehicle a protected record may be purchased from the Utah Department of Motor Vehicles. Forms and further information may be found at the website for the Utah Department of Motor Vehicles: http://dmv.utah.gov.

The Duty to Minimize Dust

2006-05-03T18:31:00.000-07:00

Under Utah law, anyone clearing land of 1/4 acre or more is obligated to minimize dust:

UAC §307-12-3(B)(1) reads as follows:

Any person engaging in clearing or leveling of land over ¼ acre in size, earthmoving, excavation, or movement of trucks or construction equipment over cleared land over ¼ acre in size or access haul roads shall take steps to minimize fugitive dust from such activities. Such control may include but is not limited to watering and/or chemical stabilization of potential fugitive dust sources or other equivalent methods or techniques approved by the executive secretary.

Determination of Opacity of Fugitive Dust

2006-05-03T18:23:00.000-07:00

In determining the opacity of fugitive dust the Utah Department of Air Quality uses an observation method based on the EPA’s method 9 technique. That method is as follows:

...Six points, distributed along the length of the haul road or in the operational area, shall be chosen by the executive secretary or the executive secretary’s representative. An opacity reading shall be made at each point when a vehicle passes the selected points. Opacity readings shall be made ½ vehicle length or greater behind the vehicle and at approximately ½ the height of the vehicle or greater. The accumulated six readings shall be averaged for the compliance value.. (Utah Division of Air Quality New/modified Source Plan Review § IV(27)