DOT AND FEDERAL MOTOR CARRIER LAW

LESTER RORICKPRESIDING JUDGEPRESIDING JUDGECITY OF PASADENA

LEARNING OUTCOMESLEARNING OUTCOMES

• IDENTIFY FEDERAL AND STATEIDENTIFY FEDERAL AND STATE AUTHORITY THAT UNDERLIES COMMERCIAL MOTOR VEHICLECOMMERCIAL MOTOR VEHICLE ENFORCEMENT

• IDENTIFY THE COMPONENTS OF AN• IDENTIFY THE COMPONENTS OF AN ELECTRONIC CITATION THAT CHARGE AN OFFENSE UNDER THE FMCSRAN OFFENSE UNDER THE FMCSR

A FEDERAL AND STATE PARTNERSHIPPARTNERSHIP

• 2005 ONE OF THE LOWEST LARGE2005 ONE OF THE LOWEST LARGE TRUCK FATALITY RATES

• FMCSA PARTNERS WITH STATES TO• FMCSA PARTNERS WITH STATES TO CONDUCT ROADSIDE INSPECTIONS3 3 MILLION INSPECTIONS ON HIGH• 3.3 MILLION INSPECTIONS ON HIGH RISK CARRIERS FY 06

• STATES ARE A “FORCE MULTIPLIER”

MOTOR CARRIER SAFETY ASSISTANCE PROGRAMASSISTANCE PROGRAM

• 49 CFR PART 350 SETS UP MCSAP49 CFR PART 350 SETS UP MCSAP• ENSURE AND FMCSA AND STATES

WORK TOGETHERWORK TOGETHER• REDUCE ACCIDENTS WITH CMVS

WHAT’S IN IT FOR TEXAS?WHAT S IN IT FOR TEXAS?

• FY ’06 TEXAS RECEIVED NINE BILLIONFY 06 TEXAS RECEIVED NINE BILLIONIN MCSAP GRANTS

HOW DO I QUALIFY?HOW DO I QUALIFY?

• STATES MUST ADOPT RULES ANDSTATES MUST ADOPT RULES AND REGULATIONS COMPATIBLE WITH FMCSRFMCSR

• COMPATIBLE = IDENTICAL FOR INTERSTATE COMMERCEINTERSTATE COMMERCE

• COMPATIBLE = IDENTICAL OR WITHIN TOLERANCE GUIDELINES INTRASTATETOLERANCE GUIDELINES INTRASTATE

WHAT PART OF 49 CFR APPLY?WHAT PART OF 49 CFR APPLY?

• §390 – GENERAL REQUIREMENTS§390 GENERAL REQUIREMENTS• §391 – QUALIFICATIONS OF DRIVERS• §392 – DRIVING OF COMMERCIAL MVs§392 DRIVING OF COMMERCIAL MVs• §393 – PARTS & ACCESSORIES • §395 HOURS OF SERVICE• §395 – HOURS OF SERVICE• §396 – INSPECTION,REPAIR AND

MAINTENANCEMAINTENANCE• §397 – TRANSPORT HAZ MAT DRIVING &

PARKING RULESPARKING RULES

TEXAS STATUTORY SCHEMETEXAS STATUTORY SCHEME

• TRANSPORTATION CODE SEC 644 051TRANSPORTATION CODE SEC. 644.051 AUTHORIZES DPS TO ADOPT RULES AND REGULATIONS FOR SAFEAND REGULATIONS FOR SAFE OPERATION OF CMVs.

• DIRECTOR MAY ADOPT ALL OR PART OF FEDERAL SAFETY REGS BYOF FEDERAL SAFETY REGS BY REFERENCE.

WHAT HAS DPS ADOPTED?WHAT HAS DPS ADOPTED?

• MORE THAN REQUIREDMORE THAN REQUIRED• EXCEPT CDL REGULATIONS

ADOPTION BY DPS INCLUDES ALL• ADOPTION BY DPS INCLUDES ALL INTERPRETATIONS

• APPLICABLE TO INTERSTATE AND INTRASTATE COMMERCE

ADMINISTRATIVE ENFORCEMENTENFORCEMENT

• WHO’S ELIGIBLE?WHO S ELIGIBLE?

SECTION 644 101 OF THE• SECTION 644.101 OF THE TRANSPORTATION CODE AMENDED THREE TIMES BY THIS SESSION OFTHREE TIMES BY THIS SESSION OF THE LEGISLATURE

ELIGIBLE CITIESELIGIBLE CITIES• MUNICIPALITY LESS THAN 5,000 ADJACENT ,

TO A BAY CONNECTED TO GULF OF MEXICO IN COUNTY ADJACENT TO HARRISMUNICIPALITY OF 50 000• MUNICIPALITY OF 50,000; or,

• MUNICIPALITY OF 25,000 – 50,000 IN A COUNTY OF AT LEAST 500 000COUNTY OF AT LEAST 500,000

• MUNICIPALITY IN A COUNTY BORDERING MEXICOCO

• MUNICIPALITY HARRIS COUNTY• IN TEXARKANA

WHAT’S IN IT FOR THESE CITIES?CITIES?

• CITIES MAY RETAIN 110% ACTUALCITIES MAY RETAIN 110% ACTUAL EXPENSES FOR PRECEDING FISCAL YEAR; butYEAR; but,

• MUST PAY ALL COSTS RELATING TO ENFORCEMENT; andENFORCEMENT; and,

• ARE NOT PARTY TO THE FEDERAL GRANTGRANT.

MISCELLANEOUSMISCELLANEOUS

• NO PROBABLE CAUSE FOR STOPSNO PROBABLE CAUSE FOR STOPS

CLASS “C” MISDEMEANOR TO VIOLATE• CLASS “C” MISDEMEANOR TO VIOLATE A RULE ADOPTED UNDER CHAPTER 644644.

WEIGHT LIMITATIONSA RELATED TOPICA RELATED TOPIC

• TRANSPORTATION CODE CHAPTERTRANSPORTATION CODE CHAPTER 621

• MAY BE ENFORCED BY POLICE OFFICER CERTIFIED UNDER 644 101OFFICER CERTIFIED UNDER 644.101

PENALTIES FOR WEIGHT VIOLATIONSVIOLATIONS

• LESS THAN 5,000 lbs. -$100.00 to $150.00, $ $• 5,000 to 10,000 lbs. - $300.00 to $500.00• OVER 10,000 lbs. - $500.00 to $1,000.00, ,• FINES DOUBLE ON CONVICTION BEFORE

FIRST ANNIVERSARY• CT. CAN FINE LESS THAN MININUM ON

CERTAIN AXLE WT. VIOLATIONS IF VEHICLE AUTHORIZED TO CARRY MAX GROSS WTAUTHORIZED TO CARRY MAX. GROSS WT. AND GROSS WT. DID NOT EXCEED MAX. GROSS WT. FOR THE VEHICLE.

MISCELLANEOUSMISCELLANEOUS

• A JUDGE IS REQUIRED TO PROMPTLYA JUDGE IS REQUIRED TO PROMPTLY REPORT EACH CONVICTION TO DPS

• 50% OF FINES FOR VIOLATION OF50% OF FINES FOR VIOLATION OF MORE THAN 5,000 LBS SHALL BE SENT TO CONTROLLER UNLESS OFFENSE OCCURS WITHIN 20 MILES OF INTERNATIONAL BORDER THEN THE ENTIRE AMOUNT CAN BE RETAINEDENTIRE AMOUNT CAN BE RETAINED FOR ROAD MAINTENANCE.

ELECTRONIC TICKETINGELECTRONIC TICKETING

• TICKETS ARE UNIFORM EVERYWHERETICKETS ARE UNIFORM EVERYWHERE BUT TEXAS

• BUT ALL TICKETS ARE UNIFORM• BUT ALL TICKETS ARE UNIFORM THROUGHOUT TEXAS

Add d i iti t t /ti k t bAdd mode initiates a report /ticket number and shows report status as “new”

Interstate transport indicator

Start time provides a time line for driver and logbook if applicable at ti f i titime of inspection

Establish level of inspection:

Level 1-all aspects of vehicle including paperwork, driver, equipment and load securement

Level 2-”walk around” vehicle equipment, driver and load securement

Level 3-driver only and paperwork

Level 4-special program (i.e. only brakes, specific part of vehicle to target and nothing more)

Level 5-terminal inspection, notice given, no surprises, prearranged level 1 inspection with no charges

CDL commercial driverCDL commercial driver license does it apply to driver and inspection?

CMV commercial motor vehicle

>10 001 lbs interstate>10,001 lbs. interstate

>26,001 lbs. intrastate

C t i dCounty window

Harris or any other selection will input the proper data table for theproper data table for the respective county as it pertains to roadways and judgesj g

Road class

IH Interstate HighwayIH Interstate Highway

US/SH US and State Highway

FM/RR F t M k t &FM/RR Farm to Market & Ranch Road

County road and city street

Here this example depicts Harris county with US /State Highway road class on StateHighway road class on State Highway 225

Here the Mile Post marker is 693, which for Pasadena isfor Pasadena is between Bearle and Preston

Carrier Search

Driver Information

This includes DL number, DL state and class, name and home address

M di l C dH h l Medical Card

Date of birth and whether commerce is interstate dictates applicability

Here the example shows “exempt”, which depicts an intrastate move

Intrastate DOB >September 1971

Interstate >10,001 lbs.

intrastate move with a driver born before September 1971

CO# – Company number (unit identifier)

License Plate & State – Self explanatory

T k d t il i f ti

Seal Rem – Seal removed

Seal Inst – Seal installed

CVSA Dec – Commercial Vehicle Safety Alliance Decal

Reg – (unseen here) Registration weightTruck and trailer information

Units 1 & 2 are articulated /combination

Reg – (unseen here) Registration weight

GVWR – (unseen here) Gross Vehicle Weight Rating

“Kenworth” Truck-tractor

“Utility” Semi-trailer

This slide shows a five axle configuration with the letters:

X Steering axle

OO Tandem axle (34,000 lbs.) power unitOO Tandem axle (34,000 lbs.) power unit

OO Tandem axle (34,000 lbs.) trailer

The program permits the e p og a pe s eaddition of axle weights and bridge distances to enforce weight law

“Update Weights” button will input data from “Axle weights” configuration g gwindow

This depiction shows interstate commerce

Describe commodity includesDescribe commodity, includes shipping number on bill of lading if applicable, consignor (shipper) and consignee (buyer), origin and destination

Add Violations

This will bring up another windowThis will bring up another window listing several thousand arrest titles referencing the Federal Motor Carrier Safety Regulations and the Texas T t ti C dTransportation Code

This is the violation listThis is the violation list described in the previous slide with the main program running in the background

An abbreviated search for the word “flat” will list several choices (5 in all) containing the word “flat”

In this example the violation is “Flat tire”

The operator chooses the forth entry by moving hi th titlhis cursor over the title

Once the violation choice is highlighted the operator clicks the “Add to Chosen Items” button to list it at the bottom of the screen and eventually intothe screen and eventually into the main body of the inspection report

Here the operator is searching for violations containing the word “steering”

Each violation added to the main body of the report must have a unit assigned to it

U it 1 t i ll i th itUnit 1 typically is the power unit

Unit 2 the articulated vehicle in combination with the power unit

The operator must know the North American A & B out-of-service criteria and designate (if any) which violations are out-of-any) which violations are out ofservice

“A” Repaired at scene /obtained operation

Each out-of-service violation requires a disposition code

authority

“B” Towed /escorted to repair service

“D” Other (list in comments)

“N” Driver OOS

“U” Unknown /Unverified

Here the Tire-Flat and steering column component is designated as out-of-service with a disposition code of “B” Towed and “A” Repaired at scene and both filed as a ticketboth filed as a ticket

An example of out-of-service driver for invalid CDL; includes driver OOS designator driverCDL; includes driver OOS designator, driver OOS until

All power /trailer units must have brakes; this section of the program permits a designator of any type ofpermits a designator of any type of brake including hydraulic, electric, vacuum, inoperative, surge, air brake stroke or pushrod measurements up t 10 l f th i ht d l ft idto 10 axles for the right and left side of each vehicle

This example depicts a pushrod stroke of an inch and three-quarters

Here this example shows a five axle configuration with an inoperative brake chamber on theinoperative brake chamber on the steering axle and two brakes out of adjustment on the left side of axles two and five

Add inspectorsDrop down window provides a selection of pinspectors given a specific area of the state

One inspector can fill a variety of functions during the roadside inspection

The final list appears at the bottom of the inspection report

Comments provide the inspector andComments provide the inspector and those in compliance review recall on small details not in the main body of the report

This inspection concluded pwith two charges filed for a flat tire and a worn steering componentCourt information

Typing the first few letters of the desired court will automatically insertdesired court will automatically insert matching data from the operator’s input

Pushing the enter button will complete the court window and prompt the operator for a court datecourt date

Steering axleTandem axles

Steering axle

Tire size /rating (sidewall)Without 1547 /2060 permit 34,000 lbs.

With permit 37,400 lbs. (no bridge law)

10 250 lbs 36 850 lbs 41 500 lbs10,250 lbs. 36,850 lbs. 41,500 lbs.

51 feet

37 feet

36 850 lbs 41 500 lbs

36,850 lbs. + 41,500 lbs. = 78,350 lbs. Group weight

36,850 lbs. 41,500 lbs.

36 850 lbs 41 500 lbs10 250 lbs

10,250 lbs. + 36,850 lbs. + 41,500 lbs. = 88,600 lbs. Gross weight

36,850 lbs. 41,500 lbs.10,250 lbs.

There are a number of weight violations in this example, assuming no valid 1547 /2060 overweight permit for the power unitno valid 1547 /2060 overweight permit for the power unit

41 500 lbs41,500 lbs.

Arrest Title

Over 34,000 lbs. tandem axle

How much over? The difference of actual weight (41,500) and tandem law standard (34 000) equals 7 500(34,000) equals 7,500 lbs. over

36 850 lbs

Arrest Title

36,850 lbs.

Over 34,000 lbs. tandem axle

How much over? The difference of actual weight (36,850) and tandem law standard (34 000) equals 2 850(34,000) equals 2,850 lbs. over

36 850 lbs 41 500 lbs

O f l

Arrest Title

36,850 lbs. 41,500 lbs.

Over group of axles

How much over? The difference of actual weight (78,350) and tandem law standard combined for both axles (68 000) equalsaxles (68,000) equals 10,350 lbs. over

36 850 lbs 41 500 lbs10 250 lbs

O ll bl i h

Arrest Title

36,850 lbs. 41,500 lbs.10,250 lbs.

Over allowable gross weight

How much over? The difference of actual weight g(88,600) and law standard of 80,000 equals 8,600 lbs. over

• List of violations for this exampleList of violations for this example– Over 34,000 lbs. tandem axle (axles 2 /3)– Over 34,000 lbs. tandem axle (axles 4 /5)Over 34,000 lbs. tandem axle (axles 4 /5)– Over weight group of axles (axle 2 /5)– Over allowable gross weightg g

• DPS policy /guideline– File heaviest violation

• File warnings on lighter infractions– No more than two