Commercial Driver Safety

Commercial Driver Safety

Oregon Justice of Peace Assoc. Spring Conference, Shalisan

March, 2008

Joe Charter,Jackson County Justice of Peace

Course Objectives

1) Acquaint Judges with CDL vehicle types and classes

2) Introduce Disqualifying Offenses

3) Provide resources for CDL legal information

Course Overview

•True/False Quiz (statistics)•Federal Involvement•Who needs a CDL?•Disqualifying Offenses•Hours of Service Rules (briefly)

•Anti-masking Discussion•Website Resources

Revised 08/07Revised 08/07Federal Motor Carrier Safety Federal Motor Carrier Safety

AdministrationAdministration

2005 Fatalities

One out of eight traffic fatalities involved a large

truck.

Slide 3a

Revised 08/07Revised 08/07Federal Motor Carrier Safety Federal Motor Carrier Safety

AdministrationAdministration

2006 Fatalities

4,995

People died in crashes involving a large truck.

Slide 3b

Increasing Truck Crash Rates

•“While total truck miles traveled increased 8% from 2001 through 2006, the truck crash rate increased 23% …”

•-ODOT 2007-2009 Safety Action Plan to Reduce Truck At Fault Crashes

Sea Container v. Camry

80,000 lbs. vs. 4,000 lbs.

Fire Danger from truck crashes

Traffic Fatality Statistics

•In large truck crashes, the majority of fatalities are the occupants of the other vehicle

•True. 92% of the occupants of other vehicles were killed vs. truck occupants

•(2005)


•More large truck fatal crashes occur at night than during daylight hours

•False. 67% of fatal crashes occurred during daylight hours.


•Combination Trucks are more likely to be involved in fatal crashes than single units

•True. Combinations are involved in three times as many fatal crashes (73%)


•Reaction time in commercial vehicle drivers is impaired by 0.01% alcohol concentration

•True. • --

Transportation Research Board: “Zero Alcohol and Other Options”


•Large truck drivers are more likely to be involved in fatal crashes than other drivers.

• True. One of eight (13%) of traffic fatalities involve large trucks, but CDL drivers are less than 5% of licensed drivers.


•Large truck drivers with no CDL or a suspended CDL are less likely to be involved in fatal crashes.

•False. In 2005, 12% of large truck drivers involved in fatal crashes had no CDL, were suspended or did not have the proper class or endorsement

What are these numbers?

•80,000•55•300

•Lbs•Mph•Feet stopping distance

Federal Involvement in CDLs

•Commercial Motor Vehicle Safety Act of 1986 – Prior to:

•States had wide variations in:Testing and licensing standards

Disciplinary actions for violating traffic control laws

•Drivers had multiple licenses

Prior to the CMV Safety Act:

•18 States did not issue CDLs•Only 12 of 32 States that did

license CDLs required skills testing

•Drivers were able to hide bad driving records by spreading convictions among several states

• No national information network to check driver license status or driving history. (Now: CDLIS)

What Constitutes a CMV?

A motor vehicle or combination of motor vehicles, used in commerce (interstate or intrastate), to transport passengers or property.

Who is Required to be Licensed?

•Gross combination weight rating (GCWR) of 26,001 lbs. (power and towed unit(s)) with a gross vehicle weight rating (GVWR) of 10,001 lbs. (towed unit) or

•Gross vehicle weight rating (GVWR) of 26,001 lbs.

Who is Required to be Licensed?

•Vehicles with GVWR of 26,000lbs. or less and:

• a. designed to transport 16 or more passengers; or

• b. transporting hazardous materials that are required to be placarded.

Classes of CDLs

•Class A: GCWR of 26,001 lbs. with towed unit of 10,001 lbs.

•Class B: GVWR of 26,001 lbs.(or same towing <10,000 lbs.)•Class C: Single vehicle below A or B weights, 16 passengers or placarded hazardous materials

Vehicle Weight Rating“Weight of the vehicle or combination of vehicles plus the maximum safe load to be transported.”

Set by the vehicle manufacturer

CDL Endorsements

•“T” Double/Triple Trailer•“P” Passenger Vehicle (16+)

•“N” Tankers•“H” Hazardous Materials•“S” School Bus•“X” Combined “H” and “N”

CDL Exemptions

•Recreational Vehicles•Transporting own property ( ex. U-Haul)•Farm Vehicles (within 150 miles)•Emergency / Fire Vehicles•Military Vehicles (active duty)•Fireworks (<500 lbs. June 30 –

July 6)

Disqualifying Offenses

• Major Offenses

• Serious Traffic Violations

• Railroad Grade Crossing Violations

• Violations of Out-Of-Service Orders

DEFINITIONS:

Disqualification: suspension, revocation, cancellation or other withdrawal of a CDL or privilege to drive a CMV.

[49 CFR 383.5].

DEFINITIONS:

• Conviction: unvacated adjudication of guilt; finding by a court of a violation; forfeiture of bail . . .payment of a fine or court cost, violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. [49 CFR 383.5].

Major Offenses(1 Year Suspension – CMV

or not)•Under the influence of alcohol•Under the influence of a controlled substance

•Refusing to take an alcohol test •Leaving the scene of an accident.

•Using the vehicle to commit a felony

•Felony drug conviction

Major Offenses (1 Year Suspension:

CMV only)Alcohol concentration of 0.04 or greater while operating a CMV

•Causing a fatality by negligent operation of a CMV

•Driving a CMV when CDL is revoked, suspended or canceled

Major Offenses (Continued)

•CDL suspension will be for 10 years for 2 or more offenses (CMV or not).

•DMV may reinstate after 10 years•Suspension for life if use

commercial or non-commercial vehicle in the commission of a felony involving a controlled substance.

(May never be reinstated).

Serious Violations Suspensions

•60 days if two offenses within a three year period.

•120 days if of three or more offenses within a three year period.

Serious Violations (CMV or non-CMV) while holding a

CDL

• Reckless Driving – (ORS 811.140)

• Exceeding the speed limit while driving 100 mph or more (eff. 1/08)

• Exceeding the speed limit by 30 mph or more when the court imposes a suspension (eff. 1/08)

Serious Violations (CMV only)

•Operating 15 mph or more above posted limit.

•Operating vehicle without driving privileges.

•Failing to carry or present a driver license a police officer.

•Driving on the left side of a curve, grade, intersection, or rail crossing.

Serious Violations (CMV only)

•Failing to drive within a lane. •Unsafe passing on the left or

right. •Following too closely. •Violating any law related to traffic

control if connected to fatal accident.

•Additional serious violations suspensions will run consecutively

Railroad Crossing Violations

•Failure to stop for railroad signal - ORS 811.455

•Failure to follow procedures for high risk vehicles - ORS 811.460.

•Obstructing a rail crossing - ORS 811.475

•Failure to slow down and check that tracks are clear–ORS 811.462

Railroad Crossing Violations

•First conviction = 60 day suspension

•Second conviction within three years = 120 day suspension

•Third or subsequent conviction within three years =1 year suspension

Out-Of-Service Orders

•Examples:Vehicle defect (indefinite)Drug or alcohol use (24 hrs.)Hours of service violation

(8 hrs.)

Out –Of-Service Violations

•First violation = 90 days•First violation =1 year if transporting hazardous materials or 16 or more passengers

•Second violation within 10 years = 3 years (5 years if transporting Hazmat or >16 passengers)

Civil Penalties: OOSO Violation

Drivers: Civil penalty of $1,100 to $2,750

Employer: Civil penalty of $2,750 to $11,000 if knowingly permits or requires driver to operate a CMV while subject to an O-O-S Order

[49 CFR 383.53]

No Conviction Masking[49 CFR § 384.226]

•A state must not mask, defer imposition of a judgment, or allow an individual to enter into a diversion program that would prevent a conviction in any type of vehicle (except a parking violation) from appearing on the CDL driver’s record.

Hypothetical

•Truck driver appears and offers to plead Guilty if speed is dropped from 15 to 14 mph

•a. at arraignment•b. at trial, with the officer’s (or City Attorney’s) agreement

Is It Masking?1) DA declines to prosecute for lack

of evidence2)DA decides to charge lesser offense3)CDL holder convinces officer to

reduce speed amount on citation4)Driver is convicted but court allows

traffic school as diversion5)Driver convicted but court vacates

and allows lesser violation

May DMV issue a hardship CDL?

•No. [49 CFR § 384.210] •Going to / from work = the whole country

Are CDL Drivers required to speak English?

•No, but they must be able to converse with the general public, understand highway signs, respond to official inquiries, and make report entries. [49 CFR 391.11(b)(2)]

What percentage of large truck drivers in fatal crashes had a BAC of 0.08 or greater at the time of the crash?a. 1%b. 6%c. 11%d. 17%

What percentage of large truck drivers in fatal crashes had a BAC of 0.08 or greater at the time of the crash?a. 1%

What percentage of passenger car/pickup/SUV drivers in fatal crashes had a BAC of 0.08 or more?a. 15%b. 22%c. 31%d. 40%

What percentage of passenger car/pickup/SUV drivers in fatal crashes had a BAC of 0.08 or more?

b. 22%

In fatal crashes of large trucks, which factor was cited MOST often as a cause or major contributing factor?

a. speeding (in excess of the posted limit

or too fast for conditions)b. running off the roadway or out

of the traffic lanec. failure to yield the right of wayd. improper or erratic lane change

In fatal crashes of large trucks, which factor was cited MOST often as a cause or major contributing factor?

a. speeding (in excess of the posted limit

or too fast for conditions)

Speeding was determined to be the proximate cause of the collision in 22% of fatal crashes of large trucks.

Hours of Service Rules

11 Hour Driving Rule 14 Hour On-Duty Rule 60/70 Hour Rule 34 Hour Restart

(ALL COUNTS END WITH 34 CONSECUTIVE HOURS OFF DUTY)

Hours of Service Rules

•May not drive more than 11 hours following 10 hours off duty.

•May not drive beyond the 14th hour after coming on duty, following 10 hours off duty.

Day 1

No violation on Day 1There is a 11-hour violation on Day 2 starting at 11:00 p.m.

14 Hour On-Duty Rule

The ONLY way to stop 14 hour clock from ticking is to take 8 consecutive hours in sleeper berth or 10 hours off.

There is a 11-hour violation on Day 2 from 4:00 p.m. until 9:00 p.m. There is also a 14-hour violation on Day 2 from 7:00 p.m. until 9:00 p.m.

Day 1

60/70 Hour RuleFMCSR 395.3 (b)(1 & 2)

1) CARRIER DOES NOT OPERATE EVERY DAY OF THE WEEK

No driving is allowed after the driver has been on duty 60 hours in 7 consecutive days.

2) CARRIER OPERATES EVERY DAY OF THE WEEK

No driving is allowed after the driver has been on duty 70 hours in 8 consecutive days.

Oregon Interstate RulesOAR 740-100-0010 (1)(f)

•Allowed 12 Hours Driving following 10 Hours Off.

• May Not Drive After the 16th Hour Following 10 Hours Off.

•70 Hours in 7 Days or 80 Hours in 8 Days.

Web Resources

ODOT: www.oregon.gov/ODOT/MCT

Federal DOT: www.fmca.dot.gov

Safety Ratings: www.safersys.org

Commercial Vehicle Safety Alliance : www.cvsa.org

National Highway Traffic Safety Admin: www.nhtsa.dot.gov

NJC CDL Resources www.CDLresources.org

Documents

Commercial Driver Safety