OOSC, Part I, Item 6. Communication
| Entry Date | February 20, 2009 |
|---|---|
| Issue Number | 09-008-DRV |
| Name | James M. Addison |
| Agency | Indiana State Police, Commercial Vehicle Enforcement Divison |
| Address | 5252 Decatur Blvd., Suite JIndianapolis, IN, 46241United StatesMap It (opens in a new tab) |
| Phone | (317) 615-7373 |
| Fax | (317) 821-2350 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Communicating with a roadside officer is extremely important and can be very dangerous to the officer and the driver, if the driver does not understand instruction. (391.11(b)(2)), a driver must be able to sufficiently communicate, respond and understand an officers official inquiries and directions. The number of drivers failing to comply with this regulations and OOSC item is a great concern and an officer safety issue, not only in Indiana, but nationwide. |
| Justification or Need | The need is urgent and Indiana would hope this could be addressed at the CVSA conference in Louisville, KY. We are consisentluy finding drivers who have been placed OOS for violation of 391.11(b)(2)driving again the next week, the next day and in some cases the same day. They have not done anything to comply and are driving again in the same condition as when they were placed OOS. |
| Request for Action | Unfortunately, there is not anything in the FMCSRs which addresses the repeated violation of 391.11(b)(2). While a driver who is caught violating an HOS OOS violation can be cited for operating in an OOS condition, or a driver operating a vehicle which has been placed OOS and not repaired, the violation of not being able to communicate with an officer just becomes another OOS violations again. The driver cannot be cited for violating an OOS order. We would like this to change and the driver be cited for violating the OOS order. |