If you are licensed to operate a commercial motor vehicle (requires a class A or B license) and you drive in Maine, you are subject to extremely strict federal law governed by the Federal Motor Vehicle Carrier Safety Regulations.   If you drive a commercial motor vehicle and are charged with a violation, your right to drive a big rig may be placed in jeopardy.  Furthermore, some violations such as driving to endanger, reckless driving or drunk driving committed while driving your own personal vehicle can have long term consequences for your right to drive a commercial vehicle.  If your commercial motor vehicle driving rights are suspended due to a conviction, resolving that suspension can prove complicated.  Although the governing regulations are Federal, violations of the regulations are prosecuted in State Court.  A violation from an out-of-state court can still negatively impact your commercial motor vehicle driving rights.

Log Offenses – Generally, a Class A or B license holder is required to keep a record or log of his or her duty status by using a duplicate handwritten record or by using an automatic recording device that is built into the commercial motor vehicle that tracks at least the past seven (7) days.  Each commercial driver is responsible for maintaining truthful and accurate logs.  Each driver is also required to obtain documentation to support the log.  Such supporting documents can be in the form of toll receipts, fuel receipts, weight slips, etc.  It is considered a violation for a driver to fail to keep a log, to keep a false log, or to fail to obtain supporting documents.  Failure to maintain the necessary documentation will result in criminal charges.

Hours Violations – The Federal Motor Vehicle Carrier Safety Regulations forbid commercial carriers to require or to allow drivers to drive on the road for too many hours after too little time off duty.  Federal regulations require that you get at least 8 hours sleep following 10 hours of driving.  It is a violation for a carrier to allow or to require a driver to drive over what the Federal Regulations deem to be safe.

Four (4) Hour Rule Violation – Federal regulations require that operators be alcohol free (completely out of system) for at least four (4) hours prior to operating a commercial motor vehicle and to remain alcohol free while operating the commercial motor vehicle.  In fact, Federal regulations practically ban alcohol from the cab.  A police officer needs less probable cause to request an operator of a commercial motor vehicle to submit to a blood alcohol test than for an operator of a non-commercial motor vehicle.

Maine is notorious for conducting random safety checks for commercial motor vehicles.  Always keep an accurate record of your hours using the federal approved hours work sheet.  Always keep your toll receipts.  Maine State Troopers will attempt to estimate the amount of time you traveled using your toll receipts in order to determine if you violated the hours log rule.  Never think the Maine State Police are going to give you a pass on a violation.  These are BIG money fines and the state of Maine is more than happy to fill their coffers on your back.

Call the Law Office of William T. Bly to discuss your options.