DOT Rules of the Road Frequently Asked Questions

DOT Rules of the Road Frequently Asked Questions and Guidance/Answers Indiana Statewide Association Regulatory Compliance Program

Introduction • Vehicle accidents involving personal injury represent one of the REMC’s greatest liabilities which we face everyday. • To decrease our liability it is important each of us understand the regulations. • This presentation will make confusing regulations easy to understand. • Training is presented in a Question and Guidance/Answer format. • This guidance will better enable each of you to keep yourself and your vehicle in better compliance with state and federal transportation regulations.

Question 1 • Do I need to carry the entire physical with me at all times while operating a commercial motor vehicle?

Question #1 Guidance • Indiana recognizes the smaller cutout certificate version of the Medical Certificate IF it has all of the information on it (expiration, doctor’s information, drivers information, etc…) and it is LEGIBLE.

Question 2 • Am I required to stop at Interstate weigh stations?

Question #2 Guidance • If you are operating a commercial vehicle (10, 001 lbs or more GVWR, single vehicle or combination) you are required to go through the scales. It is a moving violation to bypass a scale if you are required to go through them, only if they are open of course.

Question 3 • I am driving the company owned digger derrick truck to a hurricane ravaged area of the Gulf Coast to assist with power restoration. A State Declared Emergency is in effect for Louisiana and Alabama. Am I required to stop at each weigh station in each state along the route to and from Indiana?

Question #3 Guidance • It is important to understand that every state may handle this situation differently. Even during an Indiana declared emergency, Indiana does not provide an exemption for utility vehicles going through the scales. During a declared emergency it would be good practice to drive through the scales.

Question 4 • What are some reasons a state trooper of motor carrier enforcement may pull over my utility truck or commercial motor vehicle?

Question #4 Guidance • Random pullover • Traffic violation • Unsafe appearance of the vehicle (lights out, cargo unsecured, chains dragging, etc. ) • Routine weight check • Identification of carrier as one with a poor history of performance

Question 5 • When I am pulled over by state police or motor carrier enforcement, what will they look for?

Question #5 Guidance • Officer will ensure driver is wearing seat belt • Officer may ask for driver license, medical examinerʼs certificate, vehicle and trailer registrations, cab card, and fuel tax permit. • Officer will look for unsafe vehicle conditions • They may walk systematically around the vehicle, check underneath, and inspect the inside to determine the overall operating condition of the vehicle.

Question 6 • What does it mean if officer places my vehicle Out-of-Service? What happens then?

Question #6 Guidance • Drivers or vehicles found in serious violation during an inspection are placed out-of-service. • A vehicle placed out-of-service may not be operated until repairs are completed. • Mechanics are required to sign, date, and list their company on the state general inspection form upon completion of repairs. Note: Employer must submit this verification of repairs to the Indiana State Police Commercial Vehicle Enforcement Division within 15 days of the inspection. • Afterwards, the vehicle may be placed back in operation.

Question 7 • Can I be cited for having unsecured items on a utility vehicle?

Question #7 Guidance • Yes, a driver can be cited and it is an out-ofservice violation for having unsecured items on a truck or trailer. • Unsecured cargo falling from vehicles is an all too common cause of accidents. • It is recommended you take the time to do a 360 degree walk around prior to moving the vehicle, to look for unsecured items. • Supervisor and crew leader observations is key to stopping this hazard.

Question 8 • What are the most common causes which create an out-of-service situation?

Question #8 Guidance • A) Unsecured cargo. • B) Non-functioning lights (turn signals and brake lights). • C) Air brake violations. • D) Tires which are flat or have too thin tread (2/32” on steering tires, and 4/32” on steering tires). • E) Broken suspension parts. • F) Coupling devices (safety chains not secured). • G) Leaking fuel systems.

Question 9 • How many tie-downs are required when I am hauling utility poles?

Question #9 Guidance • The federal requirement is to use one tiedown for every ten linear feet or fraction thereof for articles greater than ten feet. • Indiana law requires a minimum of one strap in the front, middle, and rear for loads more than 10 feet long.

Question 10 • What are other cargo securement requirements should I be aware of when hauling utility poles?

Question #10 Guidance • Securement devices must be rated to secure at least half of the working load limit. In other words you will need to know the weight of the poles and get straps, chains and/or cable in combination that will secure half of the weight of the total load. The straps, cables and chains come with ratings from the manufacturer which list the rating of what they will handle under the load.

Question 11 • What size flag must be on the end of the utility pole in order to make the pole more visible when transporting down the roadway? What am I required to do when hauling utility poles at night?

Question #11 Guidance • When a pole extends 4 feet or more beyond the bed or body of the vehicle you must have a red flag of at least 12” square attached to the end of the pole. • A red light visible from 500’ must be used from sunset to sunrise.

Question 12 • When considering the weight of my Commercial Motor Vehicle, what is the difference between Ground Vehicle Weight Rating (GVWR) vs. Axle Scale Weight?

Question #12 Guidance • The GVWR of a truck or trailer stipulates the maximum cargo weight that the unit may carry. GVWR is also used to determine if the vehicle is a Commercial Motor Vehicle or they need a CDL. • Motor Carrier Enforcement looks at the actual weight of the vehicle for weighing (after loading). • Motor Carrier Enforcement typically does not issue a violation for exceeding the GVWR on axles, but it is something that could be used against us in court for a civil trial should we be involved in a crash and over those weights.

Question 13 • What emergency breakdown equipment am I required to carry on my Commercial Motor Vehicle?

Question #13 Guidance • 3 reflective triangles • 6 fuses which are capable of burning for 30 minutes.

Question 14 • What size fire extinguisher is required on my Commercial Motor Vehicle?

Question #14 Guidance • For non-hazardous material vehicles we must carry at least one 5 lb B: C rated or greater. • Hazardous material carrying vehicles are required to carry at least one 10 lb. B: C rated or more.

Question 15 • If I have a CDL and I am pulled over in my personal vehicle, is the legal Blood Alcohol Content (BAC) limit. 08% or. 04%?

Question #15 Guidance • It is. 08% however if you do receive a DUI in your personal vehicle it can affect your CDL by the suspension of your license.

Question 16 • Can a CDL holder be charged with a Driving Under Influence/Operating While Intoxicated (DUI/OWI) in Indiana even if their Blood Alcohol Content (BAC) level is below the legal limit?

Question #16 Guidance • Yes, if the officer has probable cause to believe that the driver is impaired under the legal limit he can file a prima facie violation for DUI.

Question 17 • If a CDL employee tests, . 02% to. 04%, how many hours is he suspended?

Question #17 Guidance • It is a 24 hour out-of-service violation for any measurable amount of alcohol in your system if you are operating a Commercial Motor Vehicle.

Question 18 • Am I required to do one or two daily vehicle inspections (pre and post trip) per day?

Question #18 Guidance • The written vehicle inspection report is supposed to be written at the end of the day and then the following day the driver is supposed to do a walk around inspection of the vehicle and review the previous days VIR and make sure that any deficiencies were repaired before they drive the vehicle. A written form is not required for the morning walk around. • If stopped for a DOT inspection the driver should know the difference!

Question 19 • How does a DUI/OWI while operating a boat affect a CDL? Does the size of boat motor matter in cases of boating DUI/OWI? Are suspension times the same on a CDL for a boating DUI/OWI?

Question #19 Guidance • If the drivers license is suspended for a DUI in a boat, it could also suspend his CDL, depending on the judges fines for the violation. All boats required to be registered apply. Suspension times may or may not be the same as this also depends on the judge’s decision.

Question 20 • What must be done to go from a Class B CDL to a Class A CDL?

Question #20 Guidance • You will need to pass a road and written test to go from a Class B CDL to a Class A CDL. • A Class B CDL only allows you to drive a CMV pulling a separate trailer, so long as the combined weight is under 26, 001 pounds and the trailer weighs no more than 10, 000 pounds. • You must have a Class A CDL to operate CMVs weighing over 26, 001 total pounds (in weight or in tow) or pulling trailers weighing over 10, 000 pounds.

Question 21 • At what size/length/width do I need a permit to haul equipment and materials?

Question #21 Guidance • Anything over 8’ 6” wide, 13’ 6” high, or exceeding 40’ long for a single vehicle or 60’ long for a two vehicle combination requires an oversize permit. However there is an exception to a pole trailer when it is used by a utility company, which are exempt from the overall length law. • When an oversize permit is required, the permit will have a list of provisions and it will specifically advise you when you need an escort.

Question 22 • I have a CDL and received a speeding ticket while driving my personal vehicle. Do I need to notify my employer?

Question #22 Guidance • Yes, you must notify your employer within 30 business days of being convicted while driving in any type of vehicle. • Also, if violation was received in another state outside Indiana, you must notify Indiana BMV within 30 days of such conviction. • Notifications to employer and state must be made for violating any state or local law relating to motor vehicle traffic control (other than parking).

Question 23 • Who is responsible for securing a load?

Question #23 Guidance • DOT places the responsibility for load securement on the person in control of the loaded vehicle when it leaves the property. The driver is responsible for using the correct number of tie-downs with appropriate working load limit (WLL). If the tie-downs fail and an accident occurs, the driver is liable.

Question 24 • Is it ok to twist webbing to prevent the whistling sound?

Question #24 Guidance • Yes, DOT does allow drivers to twist web straps to reduce wind noise.

Question 25 • When two safety chains are used, must the ultimate combined breaking strength of each chain be equal to the gross weight of the towed vehicle(s) or would the requirements be met if the combined breaking strength of the two chains is equal to the gross weight of the towed vehicle(s)?

Question #25 Guidance • If the ultimate combined breaking strength of the two chains is equal to the gross weight of the towed vehicle(s), the requirements of § 393. 70(d) are satisfied. • Indiana 9 -20 -9 -8 requires two safety chains. EACH chain or device and combination used must be of sufficient strength to haul trailer when loaded. • We must abide by the stricter Indiana requirement.

Final Comments • Our insurance carrier presumes we follow DOT rules. • If our failure to follow requirements were to result in an accident, our insurance carrier could refuse to pay the claim. Our loss could become astronomical if personal injury is involved. • When it comes to securing loads, understanding “Working Load Limit” is key to transporting your cargo safely on the road. • “Doing it Right” is an inexpensive way to conduct business.

Additional Questions and Comments? • When Driving Always Be Courteous to Other Drivers and Be Safe! • “Driving is a Privilege, Not a Right”