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

Transcription

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

2 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

3 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

4 MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 49 CFR PART 350 SETS UP MCSAP ENSURE AND FMCSA AND STATES WORK TOGETHER REDUCE ACCIDENTS WITH CMVS

5 WHAT S IN IT FOR TEXAS? FY 06 TEXAS RECEIVED NINE BILLION IN MCSAP GRANTS

6 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

7 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

8 TEXAS STATUTORY SCHEME TRANSPORTATION CODE SEC AUTHORIZES DPS TO ADOPT RULES AND REGULATIONS FOR SAFE OPERATION OF CMVs. DIRECTOR MAY ADOPT ALL OR PART OF FEDERAL SAFETY REGS BY REFERENCE.

9 WHAT HAS DPS ADOPTED? MORE THAN REQUIRED EXCEPT CDL REGULATIONS ADOPTION BY DPS INCLUDES ALL INTERPRETATIONS APPLICABLE TO INTERSTATE AND INTRASTATE COMMERCE

10 ADMINISTRATIVE WHO S ELIGIBLE? ENFORCEMENT SECTION OF THE TRANSPORTATION CODE AMENDED THREE TIMES BY THIS SESSION OF THE LEGISLATURE

11 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 IN TEXARKANA

12 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.

13 MISCELLANEOUS NO PROBABLE CAUSE FOR STOPS CLASS C MISDEMEANOR TO VIOLATE A RULE ADOPTED UNDER CHAPTER 644.

14 ELECTRONIC TICKETING TICKETS ARE UNIFORM EVERYWHERE BUT TEXAS BUT ALL TICKETS ARE UNIFORM THROUGHOUT TEXAS

15 Add mode initiates a report /ticket number and shows report status as new

16 Start time provides a time line for driver and logbook if applicable at time of inspection Interstate transport indicator

17 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

18 CDL commercial driver license does it apply to driver and inspection? CMV commercial motor vehicle >10,001 lbs. interstate >26,001 lbs. intrastate

19 County window Harris or any other selection will input the proper data table for the respective county as it pertains to roadways and judges

20 Road class IH Interstate Highway US/SH US and State Highway FM/RR Farm to Market & Ranch Road County road and city street

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

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

23 Carrier Search

24 Driver Information This includes DL number, DL state and class, name and home address Here the example shows exempt, which depicts an intrastate move with a driver born before September 1971 Medical Card Date of birth and whether commerce is interstate dictates applicability Intrastate DOB >September 1971 Interstate >10,001 lbs.

25 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

26 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

27 Describe commodity, includes shipping number on bill of lading if applicable, consignor (shipper) and consignee (buyer), origin and destination This depiction shows interstate commerce

28 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

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

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

31 In this example the violation is Flat tire The operator chooses the forth entry by moving his cursor over the title

32 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

33 Here the operator is searching for violations containing the word steering

34 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

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

36 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

37 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 ticket

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

39 All power /trailer units must have brakes; this section of the program permits a designator of any type of brake including hydraulic, electric, vacuum, inoperative, surge, air brake stroke or pushrod measurements up to 10 axles for the right and left side of each vehicle

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

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

42 Add inspectors Drop down window provides a selection of inspectors given a specific area of the state

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

44 The final list appears at the bottom of the inspection report

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

46

47 Court information This inspection concluded with two charges filed for a flat tire and a worn steering component

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

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

50 WEIGHT LIMITATIONS A RELATED TOPIC TRANSPORTATION CODE CHAPTER 621 MAY BE ENFORCED BY POLICE OFFICER CERTIFIED UNDER

51 PENALTIES FOR WEIGHT VIOLATIONS LESS THAN 5,000 lbs. -$ to $ ,000 to 10,000 lbs. - $ to $ OVER 10,000 lbs. - $ to $1, 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 WT. AND GROSS WT. DID NOT EXCEED MAX. GROSS WT. FOR THE VEHICLE.

52 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.

53 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.

54 51 feet

55 37 feet

56 36,850 lbs. 41,500 lbs. 36,850 lbs. + 41,500 lbs. = 78,350 lbs. Group weight

57 10,250 lbs. 36,850 lbs. 41,500 lbs. 10,250 lbs. + 36,850 lbs. + 41,500 lbs. = 88,600 lbs. Gross weight

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

59 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

60 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

61 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

62 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

63 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