Ala. Admin. Code r. 770-X-10-.17-6-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 770-X-10-.17-6-.06 - Drivers Declared "Out Of Service"

(1) Authority to Declare Drivers "Out of Service" - Every enforcement officer of this Commission is authorized to declare a driver out of service and to notify the motor carrier of that declaration, if he finds at the time and place of examination that the driver has driven or been on duty immediately prior to the examination longer than the maximum period permitted by this rule; or that the driver does not have his daily logs in his possession, as required by900-17-10-6-.05(7); or that no log entries have been made within the immediately preceding 36 hours.

(2) Action Taken When a Driver is Declared "Out of Service"

(a) When he declares a driver out of service, the officer shall:

1. Record his findings that the driver has exceeded the allowable hours of service in a report and serve the finding on the motor carrier by tendering a copy of that report; and

2. Place a notice on the motor vehicle.

3. Duties of the Motor Carrier - A motor carrier must not require or permit a driver who has been declared out of service to drive or operate a motor vehicle until that driver may lawfully do so under this rule.

4. Duties of the Driver - A driver who has been declared out of service may not drive or operate a motor vehicle until he may lawfully do so under this rule. Also, the driver who has been declared out of service must so notify his employer.

5. Eight Hours of Service - A driver who has been declared out of service for no logs or for no log entries within the immediately preceding thirty-six (36) hours may resume driving or operating a vehicle following eight (8) consecutive hours off duty after being declared out of service.

Ala. Admin. Code r. 770-X-10-.17-6-.06

Effective January 1978. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-3-5, 37-3-7.