LESTER RORICK PRESIDING JUDGE

CITY OF PASADENA

DOT AND FEDERAL MOTOR CARRIER LAW

LEARNING OUTCOMESLEARNING OUTCOMES

• Identify Federal and State authority that Identify Federal and State authority that underlies commercial motor vehicle underlies commercial motor vehicle enforcementenforcement

• Identify the components of an electronic Identify the components of an electronic citation that charge an offense under the citation that charge an offense under the FMCSRFMCSR

A FEDERAL AND STATE A FEDERAL AND STATE PARTNERSHIPPARTNERSHIP

• 2005 one of the lowest large truck fatality 2005 one of the lowest large truck fatality ratesrates

• FMCSA partners with states to conduct FMCSA partners with states to conduct roadside inspectionsroadside inspections

• 3.3 million inspections on high risk carriers 3.3 million inspections on high risk carriers FY 06FY 06

• States are a “FORCE MULTIPLIER” States are a “FORCE MULTIPLIER”

MOTOR CARRIER SAFETY 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 ENSURE and FMCSA and States work togethertogether

• Reduce accidents with CMVSReduce accidents with CMVS

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

• FY ’06 Texas received NINE FY ’06 Texas received NINE BILLIONBILLION in in MCSAP grantsMCSAP grants

HOW DO I QUALIFY?HOW DO I QUALIFY?

• States must adopt rules and regulations States must adopt rules and regulations compatible with FMCSRcompatible with FMCSR

• COMPATIBLE = Identical for Interstate COMPATIBLE = Identical for Interstate CommerceCommerce

• COMPATIBLE = Identical or within 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§391 – Qualifications of drivers

• §392 – Driving of commercial MVs§392 – Driving of commercial MVs

• §393 – Parts & Accessories §393 – Parts & Accessories

• §395 – Hours of service §395 – Hours of service

• §396 – Inspection, repair and §396 – Inspection, repair and maintenancemaintenance

• §397 – Transport Haz Mat driving & §397 – Transport Haz Mat driving & parking rulesparking rules

TEXAS STATUTORY SCHEMETEXAS STATUTORY SCHEME

• Transportation code Sec. 644.051 Transportation code Sec. 644.051 authorizes DPS to adopt rules and authorizes DPS to adopt rules and regulations for safe operation of CMVs.regulations for safe operation of CMVs.

• Director may adopt all or part of federal Director may adopt all or part of federal safety regs by reference. safety regs by reference.

WHAT HAS DPS ADOPTED?WHAT HAS DPS ADOPTED?

• More than required More than required

• Except CDL regulationsExcept CDL regulations

• Adoption by DPS includes all Adoption by DPS includes all interpretationsinterpretations

• Applicable to interstate and intrastate Applicable to interstate and intrastate commercecommerce

ADMINISTRATIVE ENFORCEMENTADMINISTRATIVE ENFORCEMENT

• WHO’S ELIGIBLE?WHO’S ELIGIBLE?

• Section 644.101 of the Transportation Section 644.101 of the Transportation Code often amendedCode often amended

ELIGIBLE CITIESELIGIBLE CITIES• Municipality less than 5,000 adjacent to a bay connected to Municipality less than 5,000 adjacent to a bay connected to

Gulf of Mexico in county adjacent to Harris Gulf of Mexico in county adjacent to Harris • Municipality of 50,000; or, Municipality of 50,000; or, • Municipality of 25,000 – 50,000 in a county of at least Municipality of 25,000 – 50,000 in a county of at least

500,000500,000• Municipality in a county bordering MexicoMunicipality in a county bordering Mexico• Municipality Harris CountyMunicipality Harris County• Municipality with a population of 34,000 located in a county Municipality with a population of 34,000 located in a county

that borders two or more States. that borders two or more States. • Within 25 miles of an international port in a county that Within 25 miles of an international port in a county that

does not contain a highway that is part of the national does not contain a highway that is part of the national system and is adjacent to Harris County.system and is adjacent to Harris County.

• Municipality with population of less than 8,500 that is a Municipality with population of less than 8,500 that is a county seat contains a highway that is part of national county seat contains a highway that is part of national highway system Sheriff or Deputy of a county bordering highway system Sheriff or Deputy of a county bordering Mexico or of a city of 2.2 Million or more. Mexico or of a city of 2.2 Million or more.

WHAT’S IN IT FOR THESE CITIES?WHAT’S IN IT FOR THESE CITIES?

• Cities may retain 110% actual expenses Cities may retain 110% actual expenses for preceding fiscal year; but, for preceding fiscal year; but,

• Must pay ALL COSTS relating to Must pay ALL COSTS relating to enforcement; and, enforcement; and,

• Are not party to the Federal GrantAre not party to the Federal Grant

MISCELLANEOUSMISCELLANEOUS

• No probable cause for stopsNo probable cause for stops

• Class “C” misdemeanor to violate a Class “C” misdemeanor to violate a rule adopted under Chapter 644rule adopted under Chapter 644

ELECTRONIC TICKETING

• Tickets are uniform everywhere but Texas

• But all tickets are uniform throughout Texas

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 driver license does it apply to driver and inspection?

CMV commercial motor vehicle

>10,001 lbs. interstate

>26,001 lbs. intrastate

Truck and trailer information

Units 1 & 2 are articulated /combination

CO# – Company number (unit identifier)

License Plate & State – Self explanatory

Seal Rem – Seal removed

Seal Inst – Seal installed

CVSA Dec – Commercial Vehicle Safety Alliance Decal

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 unit

OO Tandem axle (34,000 lbs.) trailer

The program permits the addition of axle weights and bridge distances to enforce weight law

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

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

This depiction shows interstate commerce

Add Violations

This will bring up another window listing several thousand arrest titles referencing the Federal Motor Carrier Safety Regulations and the Texas Transportation Code

This 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 his 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 into the main body of the inspection report

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

Unit 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-service

Each out-of-service violation requires a disposition code

“A” Repaired at scene /obtained operation authority

“B” Towed /escorted to repair service

“D” Other (list in comments)

“N” Driver OOS

“U” Unknown /Unverified

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

WEIGHT LIMITATIONS A RELATED TOPICWEIGHT LIMITATIONS A RELATED TOPIC

• Transportation code Chapter 621Transportation code Chapter 621

• May be enforced by police officer certified May be enforced by police officer certified under 644.101under 644.101

PENALTIES FOR WEIGHT VIOLATIONSPENALTIES FOR WEIGHT VIOLATIONS

• Less than 5,000 lbs. -$100.00 to $150.00Less than 5,000 lbs. -$100.00 to $150.00• 5,000 to 10,000 lbs. - $300.00 to $500.005,000 to 10,000 lbs. - $300.00 to $500.00• Over 10,000 lbs. - $500.00 to $1,000.00Over 10,000 lbs. - $500.00 to $1,000.00• Fines double on conviction before first Fines double on conviction before first

anniversaryanniversary• Court can fine less than minimum on certain Court can fine less than minimum on certain

axle weight violations if vehicle authorized to axle weight violations if vehicle authorized to carry maximum gross weight and gross carry maximum gross weight and gross weight did not exceed maximum gross weight did not exceed maximum gross weight for the vehicle. weight for the vehicle.

MISCELLANEOUS

• A Judge is required to promptly report each conviction to DPS

• 50% 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 retained for road maintenance.

Steering axle

Tire size /rating (sidewall)

Tandem axles

Without 1547 /2060 permit 34,000 lbs.

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

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

51 feet

37 feet

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

36,850 lbs. 41,500 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 unit

41,500 lbs.

Over 34,000 lbs. tandem axle

Arrest Title

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

Over 34,000 lbs. tandem axle

Arrest Title

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

36,850 lbs.

Over group of axles

Arrest Title

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

36,850 lbs. 41,500 lbs.

Over allowable gross weight

Arrest Title

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

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

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 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 weight group of axles (axle 2 /5) Over allowable gross weightOver allowable gross weight

DPS policy /guidelineDPS policy /guideline File heaviest violationFile heaviest violation

File warnings on lighter infractionsFile warnings on lighter infractions No more than twoNo more than two