DOT AND FEDERAL MOTOR CARRIER LAW LESTER RORICK

DOT AND FEDERAL MOTOR CARRIER LAW LESTER RORICK PRESIDING JUDGE CITY OF PASADENA

LEARNING OUTCOMES • Identify Federal and State authority that underlies commercial motor vehicle enforcement • Identify the components of an electronic citation that charge an offense under the FMCSR

A FEDERAL AND STATE PARTNERSHIP • 2005 one of the lowest large truck fatality rates • FMCSA partners with states to conduct roadside inspections • 3. 3 million inspections on high risk carriers FY 06 • States are a “FORCE MULTIPLIER”

MOTOR CARRIER SAFETY ASSISTANCE PROGRAM • 49 CFR part 350 sets up MCSAP • ENSURE and FMCSA and States work together • Reduce accidents with CMVS

WHAT’S IN IT FOR TEXAS? • FY ’ 06 Texas received NINE BILLION in MCSAP grants

HOW DO I QUALIFY? • States must adopt rules and regulations compatible with FMCSR • COMPATIBLE = Identical for Interstate Commerce • COMPATIBLE = Identical or within Tolerance Guidelines Intrastate

WHAT PART OF 49 CFR APPLY? • • § 390 – General requirements § 391 – Qualifications of drivers § 392 – Driving of commercial MVs § 393 – Parts & Accessories § 395 – Hours of service § 396 – Inspection, repair and maintenance § 397 – Transport Haz Mat driving & parking rules

TEXAS STATUTORY SCHEME • Transportation code Sec. 644. 051 authorizes DPS to adopt rules and regulations for safe operation of CMVs. • Director may adopt all or part of federal safety regs by reference.

WHAT HAS DPS ADOPTED? • • • More than required Except CDL regulations Adoption by DPS includes all interpretations • Applicable to interstate and intrastate commerce

ADMINISTRATIVE ENFORCEMENT • WHO’S ELIGIBLE? • Section 644. 101 of the Transportation Code often amended

ELIGIBLE CITIES • Municipality less than 5, 000 adjacent to a bay connected to Gulf of Mexico in county adjacent to Harris • Municipality of 50, 000; or, • Municipality of 25, 000 – 50, 000 in a county of at least 500, 000 • Municipality in a county bordering Mexico • Municipality Harris County • Municipality with a population of 34, 000 located in a county that borders two or more States. • Within 25 miles of an international port in a county that does not contain a highway that is part of the national system and is adjacent to Harris County. • Municipality with population of less than 8, 500 that is a county seat contains a highway that is part of national highway system Sheriff or Deputy of a county bordering Mexico or of a city of 2. 2 Million or more.

WHAT’S IN IT FOR THESE CITIES? • Cities may retain 110% actual expenses for preceding fiscal year; but, • Must pay ALL COSTS relating to enforcement; and, • Are not party to the Federal Grant

MISCELLANEOUS • No probable cause for stops • Class “C” misdemeanor to violate a rule 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

CO# – Company number (unit identifier) License Plate & State – Self explanatory Seal Rem – Seal removed Seal Inst – Seal installed Truck and trailer information Units 1 & 2 are articulated /combination 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

This depiction shows interstate commerce Describe 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 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-ofservice criteria and designate (if any) which violations are out-ofservice

“A” Repaired at scene /obtained operation authority “B” Towed /escorted to repair service “D” Other (list in comments) “N” Driver OOS “U” Unknown /Unverified Each out-of-service violation requires a disposition code

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

WEIGHT LIMITATIONS A RELATED TOPIC • Transportation code Chapter 621 • May be enforced by police officer certified under 644. 101

PENALTIES FOR WEIGHT VIOLATIONS • • 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 • Court can fine less than minimum on certain axle weight violations if vehicle authorized to carry maximum gross weight and gross weight did not exceed maximum gross 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) 10, 250 lbs. Tandem axles Without 1547 /2060 permit 34, 000 lbs. With permit 37, 400 lbs. (no bridge law) 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

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

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

41, 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 lbs. over

36, 850 lbs. Arrest Title 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 lbs. over

36, 850 lbs. 41, 500 lbs. Arrest Title Over group of axles 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

10, 250 lbs. 36, 850 lbs. 41, 500 lbs. Arrest Title Over allowable gross weight How much over? The difference of actual weight (88, 600) and law standard of 80, 000 equals 8, 600 lbs. over

§ List of violations for this example § § Over 34, 000 lbs. tandem axle (axles 2 /3) Over 34, 000 lbs. tandem axle (axles 4 /5) Over weight group of axles (axle 2 /5) Over allowable gross weight § DPS policy /guideline § File heaviest violation § File warnings on lighter infractions § No more than two