Operational Policy 14 - Brake Violations

To clarify grouping of 393.55(d)(1) and 393.55(d)(2), Anti-lock brake systems. Confusion as to group the violations due to the note written in the middle under the Anti-Lock Brake section, on page 8 of Operational Policy 14. Also, there is guidance that needs to be added to the brake section indicating which vehicle violations should be attributed to based on the 20% criteria.

The clarification, or question, is regarding grouping a violation of 393.55(d)(1) and 393.55(d)(2). Violations should not be combined or grouped when you have both violations, for two reasons. First reason is they are to separate subsections of the regulation. There is a reason it is (d)(1) and (2). Second reason, each dash light is indicating a separate issue. One issue (d)(1) is related to a warning system for the power unit’s ABS system. The second issue (d)(2) is related to the warning for the unit being towed. Some are stating they should be combined, because of the NOTE written in the middle….. indicate whether it is the power unit or the trailer. My retort back is I don’t understand the reason for the note having to even be in policy because the regulation you cite does that for you. You pick (d)(1) or (d)(2) based on the violation or power unit or trailer, and SafeSpect already states the verbiage: The second issue comes from inspectors needing further guidance as to where violations should be recorded for 20% based on which vehicle has the violations.

Remove the note in the middle of the Anti-Lock Brake section on page 8 of Operational Policy 14 to resolve confusion in the field that may have inspectors grouping these violations. "NOTE: When documenting power unit anti-lock brake system (ABS) malfunction lamp violations on the dash, indicate whether it is the power unit or trailer ABS lamp." SafeSpect already states: "393.55(d)(1) Air Brake - ABS malfunction lamp defective on truck-tractor manufactured on or after March 1, 1997 and each single unit CMV on or after 1998." "393.55(d)(2) Air Brake - ABS malfunction lamp defective on truck-tractor manufactured on or after March 1, 2001 for towed vehicle." For the second issue regarding 20%, the following is recommended: After the paragraph that states: For each violation that contributes to the 20% criterion, the violation description shall indicate the violation is “Part of 20% criterion.” add... When 20% criterion brake violations are observed on more than one vehicle in a combination, the OOS violation shall be attributed to the power unit. When all 20% criterion brake violations are observed on one unit in a combination, the OOS violation shall be attributed to that unit. EXAMPLES: A five-axle truck and semitrailer combination inspected with inoperative, contaminated, or out of adjustment brakes on the 2nd axle of a power unit and the 2nd axle of the towed unit; the power unit shall receive the 20% OOS violation. A five-axle truck and semitrailer combination inspected with inoperative, contaminated, or out of adjustment brakes on the 2nd and 3rd axle of the power unit; the power unit shall receive the 20% OOS violation. A five-axle truck and semitrailer combination inspected with inoperative, contaminated, or out of adjustment brakes on the 4th and 5th axle (towed unit); the towed unit shall receive the 20% OOS violation.