Do you have a question?
Posted on May 10, 2007
Filed Under ASK ERIC
Post any and all of your D.O.T. compliance-related questions here. I will do my best to answer them.
Within reason, that is.
For example, if your question is, “what do I have to do to comply with all these rules?”, the answer is, buy my DVD.
Or, if your question is “What’s the girl in the truck have to do with compliance questions?”, the answer is: Did you really want another picture of me?
__________
Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Post them here, or email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
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45 Responses to “Do you have a question?”
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How will a dui arrest effect the ability of a driver of one of my trucks?
If a driver is suspended, because he was convicted of DUI, he cannot drive your truck. Until a driver is convicted, and suspended, techinically, he is still eligible to drive. If your insurance company finds out about it, they probably won’t be happy about it. Each situation is different, so I wouldn’t just say 100% “fire him”. Is he a good driver? Has he worked well for you for a long time? Did the DUI happen in your truck? (If it did, yes, then I would say 100%, see ya….). Make sure you follow up with your driver’s case, because if he gets suspended, you can’t use him.
We bought a tractor and did get a DOT number,but we only got it for farm use. (Our own personal use to haul grain, tobacco and sometimes a tractor from one field to another.) Where can I find rules that we need to follow?
If you cross State lines with your tractor, the Federal Motor Carrier Safety Regulations will apply to you. If you stay whollly within your home State, then that State’s regulations will apply to you. Many States have numerous exceptions for farmers. However, it is likely that there will be some safety regulations with which you must comply, such as drug and alcohol testing, possibly.
My package does not cover every last exception and “what if” scenario, HOWEVER, if you buy the package as part of the deal, you get access to me via the phone. Together, we will be able to figure out where you go, what you do, and what safety rules apply to you.
I have a small antique business (and shop) and travel about twice a month to out of state shows. I was told I needed a DOT number for my truck, a 14′ box, 12,000 GVW, and log book. I use the truck maybe once a week around town (maybe 20 miles a week) to pick up or drop off merchandise. I don’t think I’ve ever filled the truck. I registered with the DOT and now I hear horror stories about the audit, gas taxes, weigh stations, etc. We’ve talked to 3 people from the DOT and several officers from our local state police barracks. Everyone says something different. Did I really need to register? Eveyone seems to have a different opinion. What should I be doing? Thanks in advance.
Sue: You and your 12,000# GVWR truck are subject to all the safety rules except CDL and drug and alcohol testing. This means driver qualification files, maintenance records, and logbooks. You will not need to file fuel taxes as the truck is under 26000#. As for weigh stations, some states require you to stop, and some don’t…. it varies by state. What should you do next? I humbly submit that you should buy my DVD package. It covers the safety regulations. In addition, if you still have questions afterwards, call me, and I will attempt to answer them, as part of the package price.
Is it legal to run a loose leaf log book? I have heard that it is and have also heard that it is not. Can you please claify this for me?
Grant: It is legal to run a loose leaf log book. It is not legal to falsify your log book. As long as you fill out your loose leaf log book accurately, and have the previous 7 days with you, you’re fine.
We were recently stopped by police and were told we needed
a dot number. Our truck is a boxed truck which weighs 4600
The thing in the door reads 10,400 BUT we deliver countertops and the weight is not over 10,000lbs. We called
around and we are getting different responses to if we
even need a dot number. So we started the process. When the
safety audit people contacted us I asked again if we needed
a dot. She told me if we registered the truck for less then
10,000 then we do not need one. We travel once a week or
every other week to canada to pick up countertops but mainly
we stay in our state. If I register the truck for 9800 lbs
even though the capacity is 10,400 knowing we dont exceed
the weight of 10,000 do we need a number?
Nancy:
The rules do not go by the weight of truck, or what you register it at. They go by the Gross Vehicle Weight Rating. Each vehicle has a GVWR, which is a value assigned by the manufacturer. Generally, it can be found on a metal tag in the door jamb. It is how much the manufacturer thinks the truck can safely carry, including the weight of the vehicle. It sounds like the GVWR on your truck is 10,400 lbs. The Federal regulations apply at 10,001 lbs. and up. Every time you go into Canada, the Federal rules probably apply to your truck, which includes having a DOT number. Hope this helps.
My husband and I bought a truck, we were looking into him getting his own authority and licensing the truck ourselves, so I got a DOT # as part of that process. He decided he would rather run under the authority of the company he drives for, and the truck is licensed through them. Will the DOT# I applied for be cancelled or will it stay active and be able to be audited? He does his log books and everything, so its not that that I am worried about, I just really don’t need the extra hassle.
Yes, if you do nothing, sooner or later, DOT will be calling to do the “new entrant” audit on your DOT #. If you are sure you will not be using it, I would call your local Federal DOT office, or whatever phone number they have on that paperwork they sent you, and tell them you are inactive. It won’t be cancelled until you call them.
I was told I needed a DOT# so I obtained one. I have 2 company trucks(3/4 Ton, & a 1 ton), neither of these trucks are over the 10,001# by themselves, but with the enclosed trailers we pull they are over. Question is can I place the DOT # on the trailers, since they are what puts the combined weight over the 10,000 lb requirements? Also both vehicles are used for personal use thru out the year, sometimes towing campers and boats. How does having the DOT # on the trucks effect the use of these vehicles.
Good question. I would say, no, you cannot place the DOT number on just the trailer. 49 CFR 390.21 (marking requirements), states “Every self-propelled CMV, as defined in 390.5, subject to subchapter B of this chapter must be marked as specified…..” When your 3/4 ton truck is not hooked up to a trailer, it is not a CMV, and therefore not subject. However, when hooked to a trailer, I believe it then does meet the definition of a ’self-propelled CMV’, and therefore must be marked. You can put it on the trailer too, but I think the marking must be on the truck. What many companies like yours do, is use removable markings, like magnetic signs.
You are not subject to the rules when using your pickup truck to pull personal ites like boat trailers or campers. Only when you are using the truck for a commerical purpose.
I’ve heard alot about UCR registration, but haven’t heard what enforcement plans to do with it. How does enforcement check to ensure that every carrier who needs UCR registration is indeed registered. What kind of penalties are to be imposed? Is it a standardized fine or does it vary from state to state?
Hi Eric, Love your site and have learned a lot. I have a NON CDL driver with a license from his home state of MI. He also has a FL registrant license as he has dual residences. He will operate a straight truck under 26,000 lbs INTERstate. We are finding that on all of the driver qualification documents and articles found, it states that he is to certify that he has only one license. Does this FL registrant license mean he has two licenses? Does he need to give up one license?
The driver qualification regulations, Part 391.11(b)(5), state a driver must have a valid license from only one jurisdicition, so yes, he has to give one of those up. I think the government is trying for some type of REAL ID deal, as part of the Patriot Act. Allegedly, Mohammed Atta had 4 driver’s licenses on 9/11.
KIM: On your UCR question, I know there’s one DOT man in the Baltimore Regional office who looks at roadside inspections of carriers operating in his region. He looks for evidence of for-hire transporation, and then checks to make sure they are registered as a for-hire carrier. If they are not, he mails them a fine, which is usually thousands of dollars. The fine would be a Federal fine, although it does vary depending on which Fed is issuing it.
Great site Sir
Question: what types of logs do I need to maintain for a GCVW over 26K? Have cdl.
Thank you.
Scott from Phoenix
Hi Eric,
I am so glad I can ask this, the whole process if very confusing! I live on a farm, drive an F350 and horse trailer for farm usage. Both me and my spouse have CDL’s. Do we both need DOT physicals? What kind of logs and records do I need for audit? Occasionally we might use truck to move things for friends, only pay would be mileage, how do we handle this? Thank you for your help, Jodie from New York
Scott: Thanks for the compliment on the site. You need regular over-the-road logs, such as the ones available at most truckstops, or online from JJKeller. http://www.jjkeller.com/browse/product.html?group_id=2377&ticket=8067951132164355984301047259&pageseq=10001
There are exceptions which apply…. you do not always have to fill out the logs. May I suggest our DVD training package, $275, also buys you access to me, where I will answer all questions as part of the purchase price?
Jodie: Do you go outside the state? If so, yes you need medicals. You can use regular over-the-road logs, such as the ones available at most truckstops, or online from JJKeller. http://www.jjkeller.com/browse/product.html?group_id=2377&ticket=8067951132164355984301047259&pageseq=10001
May I suggest our DVD training package, $275, also buys you access to me, where I will answer all questions as part of the purchase price?
i LIVE IN LANCASTER CA 93536. I WOULD LIKE TO KNOW IF I GO TO COLORADO TO WORK AND RENT A MOTEL DO I HAVE TO RUN A LOG BOOK WORKING LOCAL IN COLORADO. I WILL BE THERE FOR 5 TO 6 MONTHS. THANK YOU.
Armando:
You probably will not need a log when you get to Colorado, as you probably will qualify for the local 100 air mile exemption for the 6 months you are working out of the motel. You will need a log to get to Colorado.
Eric,
I own a non-CDL 26,000# GVWR box truck. I subcontract to a local courier service and use their DOT number on my truck. Once a week I do a 500 mile round trip run out of state (MN to IA). All my other work is less than 100 miles from my base. I keep a log book which I log every single local and mileage run I do. Since the local stuff is non CDL, do I need to log each one of them or do I just need to log the runs over 100 miles from my base but still keep track of the totals of all my on duty hours? Or?
Thank you for your help.
Minneapolis Rob
Minneapolis Rob:
When you are running local, you need to account for your time by recording the time started, time finished, and total number of hours. All other rules still apply, such as the 11, 14, and 70 hour rules. When doing your 500 mile run, you need to fill out a log. Hope this helps.
Hi, I have a landscaping co. in NJ all trucks under 26000 gvw I do some work in PA and I just recived my DOT reg. do we have to comply with log books and testing its an hour and a half ride one way, Thanks Steve
Steve:
If you are only driving one and a half hours one way (90 miles?), then you may keep your time on a time sheet, showing time started, time finished, total number of hours worked that day. You still can’t work more than 14 hours, although there are some other exceptions which apply.
I drive a s-10 200 miles to another state do I need A USDOT #
This s-10 is the GVWR under 10,001 lbs? If so, no you do not need a DOT#. Do you pull a trailer with the S-10? If you do, and the combination is 10,001 lbs. or over, yes, you need the number. Hope that helps.
My company tells me I can’t go to the off duty line for my lunch break. Their position is I have to leave it as on duty not driving. My opinion is if I am away from the truck it is locked and I am not in control because I’m taking my lunch break I should log it as off duty time. Thanks
I HAVE A 24 FOOT BOX TRUCK THAT I USE MAYBE ONCE A MONTH TO GO 30-90 MILES EACH WAY. GVW ON TITLE IS 24,5000. I DECLARED WT TO BE 25,999. I USUALLY AM USING IT TO PICK UP A PIECE OF EQUIPMENT TO BRING BACK TO MY WAREHOUSE TO WHOLESALE. I GOT DOT NUMBER BUT HAVE NOT PUT IT ON MY TRUCK AS SOME DOT OFFICIALS SAY I DON’T NEED DOT NUMBER. I DO NOT TAKE THIS VEHICLE OUT OF FLORIDA. I WANT TO COMPLY TO REGULATIONS. WHAT DO I NEED TO KEEP FROM GETTING A TICKET. AM I REQUIRED TO GO THROUGH WEIGH STATIONS? HOW ABOUT IF I LET MY FAMILY USE IT TO MOVE FURNITURE? THANKS CAROLE
Eric – Thank you so much for the Q & A. – One question – Do we use a different DOT number for each truck, or the same (Company?) number on all trucks? Please let me know – THANK YOU!!! Pam
Harold:
Regarding your off-duty lunch question. DOT has always used this in determining whether or not you are ‘off-duty’ while at lunch:
Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?
Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.
3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier’s principal place of business.
4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
Carole: Regarding your question about your 24,500 GVWR box truck which doesn’t leave the State of Florida. I found this link at the Florida Department of Transportation: http://www.dot.state.fl.us/mcco/information/fl_usdot_numbers.htm
Basically, DOT numbers only apply in the state of Florida to vehicles with a GVWR of 26,001 lbs. or more.
Pam: the DOT number is a company number, so the same number goes on all your trucks with a GVWR of 10,001 lbs. or more.
I have a one ton chev and pull an RV Camper weight 14,500 lbs empty I was Told I needed a DOT Number , I got one do I have to Display it ? and do I Need it my State is N.C. THANK YOU.
BILL.
Bill:
What do you use the camper for? If it is used strictly for recreational purposes, ie, camping, then NO, you don’t need it. DOT #’s are strictly vehicles used for commercial purposes. However, if you’re using it as part of some commercial enterprise, then you do need it.
My fiancee loves camping. I hate it………….
THANKS I use it for recreational puposes only good to know the answer .
BILL.
Eric,
I have a non cdl truck listed with dot as intrastate. However a friend of mine lives one state over from me. I need to borrow a piece of equipment from him. Can I drive over and pick this equipment up or If I drive over the state line will I be subjected to possiable impoundment
thanks, Steve
I think you can drive over there with your intrastate DOT number. Your truck will not be impounded if you get stopped. I don’t think you will get a ticket for having an “intrastate” DOT number….. they’ll probably be happy you have a number at all. You will get a bunch of tickets if you don’t have the other things, like a medical certificate, logbook, etc. though.
I drive a 1 1/2 to job and work all day then go to the room Do I have to log truck use just to drive back to hotel are there hrs restriction to this we work 10 – 12 hr days with a 1 hr lunch hotel is 6 miles away
Hello, iam a subcontractor that hauls building material produts i drive a sixteen ft box truck 14,500 gvwr, do i have to have placards on it when im halling paint???
Eric, I have several questions that are not your run of the mill. We are an emergency response company and do a lot of work for the railroad and storm clean-up. Our office is located in the St. Louis area. When called out we mobilize to affected area and set-up a local office or we contact our contractor who has a local office set-up. I understand that we must log in route to site, but once there do we fall under the 100 mile rule? If we are not on the roadways (we run high-rail dumps)do we fall under the 14 hr a day 60 hrs in 7 day rule? We often work long hours every day until the rail is back up and running. If I understand correctly, working 15 hrs a day seven days a week in our dumps, on the rail, puts us out of complaince everyday, not to mention we have run out of hours before the week is up. Are there special regulations regarding state of emergencys? We are currently in the Nashville area working on the rail and when that is completed we will start clean up of debris around the city. We tend to work seven days a week and 14-16 hours a day in these circumstances. I have worked 81.5 hours in the last 6 days. Our office says we need to fill out our log books, but they can’t answer these questions. I’m not sure how to fill this out since we would be way out of complaince. I can’t seem to find any answers on the DOT site, please help. Thanks, Paul
Paul: welcome to my little corner of the Internet. I’ll try to answer your question. I do not think you would fall under the 100 air mile exemption, so I would say you should be logging every day. You would fall under the 70 hours in 8 day rule, as it sounds like your company will occasionally work on any and all days of the week, including Sunday.
You fall under the 14 hour rule. There are some exceptions, but generally speaking you get 14 hours a day, and then must take a 10 hour break. As to your current situation… are you over hours? Yeah, probably. You only get 70 hours in 8 days, unless you have a 34 hour off-duty period, which resets it back to zero.
Yes, there are occasionally emergency exemptions which are issued. For example, I got an email this morning from the Pennsylvania Motor Truck Association informing me the DOT has issued an hours of service exemption for carriers assisting in the Gulf of Mexico cleanup. I don’t know if any waiver has been issued for the Nashville floods. I looked on DOT’s website I didn’t see any.
I once took a 26.2 mile tour of Nashville (I ran the Nashville Marathon). Nice town.