Transcript Document

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
2005 Fatalities
One out of eight traffic
fatalities involved a large
truck.
Revised 08/07
Federal Motor Carrier Safety
Administration
Slide 3a
2006 Fatalities
4,995
People died in crashes
involving a large truck.
Revised 08/07
Federal Motor Carrier Safety
Administration
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)
Traffic Fatality Statistics
• More large
truck fatal
crashes occur
at night than
during daylight
hours
• False. 67% of
fatal crashes
occurred
during daylight
hours.
Traffic Fatality Statistics
• 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%)
Traffic Fatality Statistics
• Reaction time
in commercial
vehicle drivers
is impaired by
0.01% alcohol
concentration
• True.
• --Transportation
Research Board:
“Zero Alcohol and
Other Options”
Traffic Fatality Statistics
• 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.
Traffic Fatality Statistics
• False. In 2005,
• Large truck
12% of large
drivers with no
truck drivers
CDL or a
involved
in
fatal
suspended
crashes had no
CDL are less
CDL, were
likely to be
suspended or did
involved in fatal not have the
crashes.
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 26,000
lbs. 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 nonCMV) 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
evidence
2) DA decides to charge lesser offense
3) CDL holder convinces officer to reduce
speed amount on citation
4) Driver is convicted but court allows
traffic school as diversion
5) 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.
b.
c.
d.
1%
6%
11%
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 lane
c. failure to yield the right of way
d. 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 1
There 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.
Day 1
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.
60/70 Hour Rule
FMCSR 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 Rules
OAR 740-100-0010 (1)(f)
• Allowed 12 Hours Driving
following 10 Hours Off.
th
• May Not Drive After the 16
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