Failure to comply with regulations – Driving Logs CVC 34506.3
Drivers, in particular truck drivers, are critical to goods and services being transported daily across the country. Drivers are the foundation behind the transit of consumer goods and its important for everyone to understand the value they bring to each community. Truck drivers can sometimes spend lengthy hours on the road during a given period of time. Keeping a log is important in tracking production and employee hours. A well kept log book can help keep the road safer for truck drivers as well as other motorists on the road.
Too Close to Home
Tracy Morgan, a famous comedian, known for “Saturday Night Live” and “30 Rock” was traveling on the New Jersey turnpike on June 7, 2014. His limousine was rear ended by an employee driving a Wal-Mart tractor-trailer. Due to the accident, Morgan suffered broken bones of the nose, ribs, and leg. The comedian was in a coma for two weeks following the accident and had no memory of the incident. This accident brought Tracy close to death and he suffered from traumatic brain injuries. Today, Morgan still has trouble with his memory and has frequent headaches and nosebleeds. Tracy’s career had been on hold since the accident, however, he did return to the stage in October of 2015. An undisclosed settlement was reached with Wal-Mart.
Tracy’s near fatal accident caused the Department of Transportation to take a closer look at the hours of service for truckers on the road. Kevin Roper, the driver of the tractor-trailer for Wal-Mart was at fault of the accident. It is stated that Roper, who was driving on little to no sleep, drove 800 miles from his home in Georgia to this place of work in Delaware and then continued to drive further north resulting in the crash. During the investigation, the factors of hours of service and fatigue management came into question. However, other contributing factors such as not wearing a seat belt, the modification of the limo bus and failures in emergency response teams played a part in the outcome.
The public was enraged and called for closer monitoring of truck drivers by the Federal Department of Transportation. It has also been suggested that the Federal Department of Transportation become technological innovative to include black boxes that record drivers’ hours and alert drivers when they are close to federal maximum hours.
Hours of Service on the Road
On December 27, 2011, the Hours of Service of Drivers Final Rule was published in the Federal Register. The Final Rule became effective February 27, 2012 and compliance begin on July 1, 2013. The Federal Motor Carrier Safety Administration, a division of the Federal Department of Transportation creates and informs the Federal Motor Carrier Safety Regulations for all commercial vehicles on the highways. Anyone who operates a commercial motor vehicle for the purpose of a business and interacts in interstate commerce must comply with hours of service regulations.
The federal rules limit interstate commercial drivers to 14-hour workday shifts before they are required to rest. Electronic logging devices (ELD) and logbooks are procedures used by the Federal Department of Transportation to ensure that drivers are compliant with the hours of service and other rules established. In December 2017, DOT called for the mandated implementation of the ELD for all drivers. The ELD device attaches to the engine of the vehicle and records the hours of service. However, some companies have not purchased these computer programs, but a substitution of portable systems on tablets and smartphones are permissible.
What does the California Code say about CVC 34506.3?
Except for otherwise stated in this division, any driver operating a commercial vehicle for the purpose of business in interstate commerce are subjected to an infraction for failure to comply with any regulation or rule adopted by the department pursuant in this division.
Have you received a California Traffic Ticket for CVC 34506.3?
A violation of CVC 34506.3 will add a point to your driving record and carries a minimum fine of $694.
We understand that the rules and regulations are complex and hard to comprehend and that a violation of this nature could compromise your livelihood. Reach out to our office today to learn more about how we can assist. You can also submit your citation for a free ticket review.