Need dot consultant? Dot advice

where can i find the required ground clearance for trailer air lines? Ive been looking through my little green book, but cannot find it. :/

 

I don't know that there is one beyond common sense. If you think they are too low or low enough to draw unwanted attention then tie them up higher until they look right.

 

Hi, sorry to think your comments were hostile asking for proof or evidence of what I said regarding the regulations. Since the original question asked about both team drivers logging sleeper berth at the same time (and assuming they were not a "couple" or that there was a double sleeper set-up) that leads to questioning whether they had been relieved of all driver related duties for that time. There are two places that need to be referenced to find the information I provided, both the standard regulation book and also the in the Interpretations section of the FMCSR's. In the reg's, section 395.2, definitions, will state:

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

The Interpretations will further give this guidance on the above matter and can be found by following this link ( http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.2&guidence=Y ). Here is where the written permission is called for:

Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time?
Guidance:1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a Commercial Motor Vehicle (CMV) will be significantly reduced.
3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.
4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?
Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.
Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the Commercial Motor Vehicle (CMV) is laden with HM and the CMV is parked in a truck stop parking lot?
Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a Commercial Motor Vehicle (CMV) is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a Commercial Motor Vehicle (CMV), the employer and the driver must comply with §397.5 of the FMCSRs.

Knowing the regulations are one thing however they can seem unclear and often contradictory which is why the feds published the interpretations. Section 395 (driving time) is the shortest and most widely interpreted part of the regulations...why?..because it's about working time and time = money.

Now, I could spend many hours finding your requested "documented examples of violations given because a driver didn't have a company memo while they logged sleeper berth" but I thought it was better to provide you and others with the federal law guidance instead. In this way you can read further into the interpretations to discover the intent of the laws.

 

I swear its 12 or 14 inches. Its gotta be written somewhere. I only ask because i have a standing bet (for a soda) with a driving instructor.

 

I was well aware of all the information you posted but still see how it applies to sleeper berth . Just how would you suggest a carrier word this relief from duty regarding sleeper ?

 

My lowboy trailer set's less than 3 inches off the ground rolling. Just saying

 

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That doesn't even matter now with the recent rule change requiring a 30 minute break after driving 7 hours. The written crap from the employer has been eliminated.

 

I think the only criteria you will find for logging S/B is that one is resting. Then the definition of what "resting" is would come in to play. Of course anything considered on-duty could not be considered resting.

If what you are saying concerning two drivers needing a memo referencing your quotes then it would seem to be true for a single driver also. Additionally the quotes you offered are specifically concerning the "recording" of off-duty time, not S/B.

When enforcement starts concerning itself with whether these two male or two female drivers or a male and a female driver are in some type of relationship, they will be "opening a can of snakes they have no intention of opening". Their words, not mine.

Many acts can catch one's attention but there is no violation here.

Best regards

 

Dont think so. All they have done when this becomes effective is to give you written permission (actually a directive) from the Feds in the form of a regulation.


Best regards