One of the dreaded phrases a trucker hears is “pull around back and bring in your paperwork.”  An experienced professional takes this in stride, with the confidence that the truck is mechanically sound and all driver related requirements are in order.  You comply with the order and meet a DOT officer who is also an experienced professional; however, his expertise is an in-depth understanding of the regulations that he enforces, several times daily.  His job is to ensure your compliance with all of the safety regulations, the serious and not so serious, but required none-the-less.

It is well known, or at the very least, a common belief, that a DOT officer worth his salt can always find a defect somewhere on a vehicle or a defect related to the driver’s requirements.  Here are a few of the common driver related omissions or mistakes.  The regulation reference and the associated CSA severity weight points are shown in parentheses:

  • Medical Certificate  (§391.41)  (CSA – 1 pt)
    • The original or a copy must be on a driver’s person when on duty.  If you keep the medical card in the truck and happen to be outside with an LEO, he could cite you for not having a certificate.
      • Exception – Effective 01/30/2012, if a driver has medical qualification indicated on the CDL a medical certificate is not required to be on the driver’s person; however, the CDL must continue be on the driver’s person.  [§391.41 (a)(2) and §383.71(h)]
    • Must have the [legible] full name of the issuing Doctor. (§391.43).  If the Doctor’s name is not legible, it will not satisfy the requirement.
  • Driver’s Record of Duty Status. (§395.8)  CSA – 2 pts)
    • If the shipper’s document number or the name of shipper and commodity is not entered on the log sheet, you could be cited for a logbook form and manner discrepancy.
  • Seat Belt Use.  (§392.16)  (CSA – 7 pts)
    • When a driver is pulled over to the side of the road, it is a common practice to unbuckle the driver’s seat belt to reach for papers while the LEO is approaching the cab door.  You would likely be cited for not wearing your seat belt, particularly if the engine is still running.  Keep the seat belt fastened until directed to produce your license and registration.
  • Corrective Lenses  [§391.43(f)]  (CSA – 1 pt)
    • If a driver only meets the visual acuity requirement of 20/40 while wearing corrective lenses, that fact must be indicated on the Medical Examiners Certificate and on the driver’s CDL.  Drivers have been cited for not wearing their glasses when entering a scale house or otherwise in the presence of an LEO.
  • Periodic Inspection Documentation.  (Often called a DOT Inspection)  (§396.17)  (CSA – 4pts)
    •  Each commercial truck and trailer must undergo an annual periodic inspection and carry documentation in the vehicle.  The document may be either the inspection report or a decal or sticker which contains the following:
      • The date of inspection
      • Name and address of the motor carrier
      • Information unique to the vehicle, i.e. truck number or VIN
      • A certification the vehicle has passed the inspection.
  • HAZMAT shipping papers  [§177.817(e)]  (CSA - 3 pts)
    • Every driver who accepts for transportation a hazardous material for which a shipping paper is required must have the shipping paper and emergency response information readily available ON the truck.  If, upon being directed to do so, you bring those papers into the scale house without leaving a copy in the truck, you could be cited for a violation of the regulations.
      • If the driver leaves the truck, the hazmat shipping papers must be either in the holder in the door or on the driver’s seat.
      • In addition, when in the truck, at the controls, the hazmat shipping papers must be with reach of the driver when restrained by the seat belt.

These are a few of the thousands of regulations with which a driver must have a familiarity as required by §390.3(e).   This statement may be the biggest “Gotcha” in the regulations because it states, in part:  Every driver…shall comply with all applicable regulations in this subpart.  Therefore, not being knowledgeable of the regulation could also be viewed as non-compliance.
Do you have a memorable “DOT Gotcha?”  Add it to this short list in the comments below and help your fellow drivers avoid a citation, a fine, and the accompanying CSA severity weigh

Comments (8)

Terry OConnell

After a 30 year U.S. Coast Guard career, Terry and his wife René, obtained their CDLs and began a 19 year adventure in expediting. In 2008, he entered his third career working for the Safety Department of an interstate carrier.

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Jimmy: Neither the regulations, DOT interpretation of the regulations nor the Federal Motor Carrier Safety Standards define fire extinguisher accessibility. See my comments below concerning the subjective determination of accessibility by a reasonable person.

November 18, 2012 21:26:58 PM

After viewing the regulation 393.95 on emergency equipment, I did not find a definition of "readily accessible". Given my experience, I am judging this to be an emergency item, which would require it to be readily accessible to the driver, any occupants, or those involved in an attempted rescue in the event it is needed to aid in an emergency situation. Let me know if anyone finds any other clear defiintion, as I will post back if I happen to dig it up.

November 18, 2012 20:50:43 PM

Shalom: This appears to be an area where the government lets common sense be your guide. The sleeper berth configuration regulations contained in §393.76 discuss sleeper berth occupant restraint but is silent on your cupboards and other gear. The government wants you to be restrained preventing your ejection during rapid deceleration. In other words, sleep tight.

Your comment brings up another thought. If your co-driver is in a chair in the sleeper, is he/she restrained by a seat belt as required by law? The seat belt laws pertain to all vehicle passengers and make no distinction for sleeper compartments.

November 17, 2012 16:56:52 PM

Hi, Terri, What are the regs. about securing items in the sleeper area ?. last i was told (over a decade ago!) outfits are O.K, but anything heavy that can fly as the truck move or in a case of an accident, must be secured inside a cabinet. i know Freightliner makes those 'net' sides for the cabinets that do not have a door, but those are useless for a guy like me. thanks, Shalom.

November 17, 2012 16:34:46 PM

Another problem with the location by the seat is if the pin gets "bounced out" somehow an inadvertant kick of the foot can set it off with less than desireable results to say the least.

November 14, 2012 19:17:26 PM

Terry has been a guest speaker on our groups' (Trucking Solutions Group www.truckingsolutionsgroup.org) weekly conference calls on many occasions. He has been a wealth of information for us and I call upon him whenever I have a regulation based question. His tips (such as the one regarding having the medical card on your person) have saved me from being cited on several occasions. I look forward to his ongoing contributions to these forums.

Here are a three others that I can think of:

I was once warned (luckily not cited) that the bottom of my mudflaps on my trailer were more than six inches off the ground. I believe mudflap regulations are controlled by each individual state as there are not any regulations under DOT/FMCSA control (I'm sure Terry will correct me on this if I am in error).

Hint- Paper money is six inches long so any denomination of bill in your pocket can be used to check this.

The second I can offer (also warned and not cited) was that the air lines to the trailer brakes (at the rear of the trailer) were too close to the ground (when your tandems are slid all the way forward you rely on springs to hold them up high enough to avoid this).

Lastly, similar to the previous, the air/electrical lines connecting my tractor to my trailer were not suspended high enough above the frame/deck of my tractor. Most trucks use a spring loaded device to hold them up and keep them from resting on the tractor. If memory serves. I was told that they had to be kept six inches above the deck of the tractor while connected to the trailer.

Be safe.

November 12, 2012 13:03:28 PM

Good question Linda. The regulations at 393.95 require a 10:BC for a power unit with placardable HAZMAT. or a 5:BC or two 4:BC extinguishers for all other power units. Three conditions must exist; fully charged, secured and readily accessible. The readily accessible would be a subjective determination by a DOT officer and/or a DOT periodic inspector. If the extinguisher is locked in a tool box under the sleeper, a reasonable person might say that it is not readily accessible to the driver. If you are comfortable in the notion that you can assure an inspector that it is readily accessible, then leave it where it is; if not, relocation is in order.

Many drivers have the extinguisher mounted on the floor or seat pedestal just inside the drivers door opening. This is certainly a good location because when an inspector opens the door an inspector can see that it is available, fully charged and secured.

Another Gotcha here is that many of the retainer clips are inadvertently kicked loose from time to time, so securement must be monitored.

November 12, 2012 11:35:12 AM

Great Article Terry and one that I am guilty of and I know many of the women I talk to are guilty of is not having the medical card on our person it is in the truck. Another Gotcha is not having the fire extinguisher secured either in the cab or in a side box. The Fire extinguisher has to be readily accessible, secured, and fully charged. One that bothers me is "What is readily accessible mean?" can you explain this?

November 12, 2012 9:03:16 AM