New Driving Laws or Just Crooked Cops?/

FLOUNDER

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A friend of mine was driving a straight truck flatbed hauling grave stones thru SC today and was pulled over by SC DMV and they did a inspection. They cited him for NOT stopping every 150 miles or 3 hours and taking a 15 minute break. He had not logged it. He also told him that after 8 hours of driving he had to take a 10 hour break. This guy drives this route once a week.

Is this BS or what? Never heard of this cause if you did there'd be trucks all over the shoulder of the road taking breaks.
 
It sounds like there is some confusion there.

Drivers operating a CMV with a flatbed must stop after the first 50 miles or one hour and do a load check, and then every 150 miles or 3 hours. I always just flag it, because it doesn't take more than a minute or two to do the check.

Beginning July this year all CMV drivers must stop and take a 30 minute break at or before being on duty for 8 hours.

If your friend is operating within 100 air miles of his home terminal (local, intrastate) he technically is not required to keep a daily log. If he crosses a state line then he must maintain a daily log of his duty status.
 
It also depends on the local laws. While you may be exempt from federal log regs you're not exempt from the local ones. State DOT enforces both local and federal regs. Next time you get cited by DOT for a reg you never heard of, ask them to cite a reference.
 
If a citation is issued it will have the code that was violated on it.

True, it will. But, this is assuming an individual cititation was issued. Since this was caught during a level 3 (I'm assuming), it will be noted on an inspection report, which may or may not have the code attached to it. Citations and inspection reports aren't the same thing (I'm sure you knew this, just stating a fact for the record).

This has got to be a local reg. I never seen this in the green book.
 
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Not a local regulation, you sure he didn't get it mixed up. If he didn't then the cop was on crack!


please refrain from speaking badly of Barney.....!!!

barney.jpg
 
True, it will. But, this is assuming an individual cititation was issued. Since this was caught during a level 3 (I'm assuming), it will be noted on an inspection report, which may or may not have the code attached to it. Citations and inspection reports aren't the same thing (I'm sure you knew this, just stating a fact for the record).

This has got to be a local reg. I never seen this in the green book.

The load checks and 30 minute break are part of the FMCSR, the 30 minute break being new this year.

If a violation is noted on an inspection report the section and description will be listed. DOT officers cannot arbitrarily asses violations that are not listed in the FMCSR.

Here is the load check code:

§ 392.9Inspection of cargo, cargo securement devices and systems.

(a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless—

(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in§§393.100 through 393.136 of this subchapter.

(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle's cargo, are secured; and

(3) The commercial motor vehicle's cargo or any other object does not obscure the driver's view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle's cab or driver's compartment.

(b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4) of this section, the driver of a truck or truck tractor must—

(1) Assure himself/herself that the provisions of paragraph (a) of this section have been complied with before he/she drives that commercial motor vehicle;

(2) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and

(3) Reexamine the commercial motor vehicle's cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever—

(i) The driver makes a change of his/her duty status; or

(ii) The commercial motor vehicle has been driven for 3 hours; or

(iii) The commercial motor vehicle has been driven for 150 miles, whichever occurs first.

So a load check violation on an inspection form should look something like this:

§392.9(a) Failing to ensure proper load securement, not checking your load within the 1st 50 miles (no log entry indicating a load check)

Or this:

.§392.9(a) Failing to ensure proper load securement, not checking your load after the next 150 miles (no log entry indicating a load check);
 
So what then are the NEW REQUIREMENTS for Dry Van??
Using these as reference (and not getting the whole bloody page):
(a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless

(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in§§393.100 through 393.136 of this subchapter.

(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle's cargo, are secured;
WE THE DRY VAN EARS, can conclude WE needn't be concerned about LOAD SECURING CHECKS except at LOAD SECURING LOCATIONS since such intermittent LOAD and SECURING checks would be impossible with SEALED LOADS, therefore ANY "required checks" would not happen until the Load is SECURELY DELIVERED, or see below.

here WE are:
from http://fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=392.9&guidence=Y

Question 4: Is there a requirement that a driver must personally load, block, brace, and tie down the cargo on the property carrying Commercial Motor Vehicle (CMV) he/she drives?
Guidance: No. But the driver is required to be familiar with methods and procedures for securing cargo, and may have to adjust the cargo or load securing devices pursuant to §392.9(b).
herewith: (4) The rules in this paragraph (of 392.9) (b) do not apply to the driver of a sealed commercial motor vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a manner that makes inspection of its cargo impracticable.
CHEERIOS!!
 
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