It is mandatory to do a Daily Vehicle Inspection Report (DVIR) before every trip and update it before onward movement after an overnight stop. Part of that inspection requires checking to ensure you have serviceable emergency equipment.

Emergency Equipment Requirements

The 2019 CA Commercial Driver Handbook.pdf Chapter 11, page 11-3 establishes what emergency equipment must be present during vehicle inspection and trips unless used during the current day of the trip. Fuses or fire extinguishers used during a trip should get replaced as soon as possible. For more details, consult FMCSA CFR §393.95, Emergency Equipment:

• Six spare fuses
• Three reflective triangles
• Three liquid-burning flares, except when carrying Hazardous Material (HazMat) or a tanker carrying flammable gas or liquid (loaded or empty), and those powered by compressed gas 

The correct fire extinguisher you need, its rating, mounting, and the number of fire extinguishers required are defined in the CFR mentioned above.  

CSA Points for Missing or Unserviceable Emergency Equipment

There are several levels of violations for missing or unserviceable emergency equipment during a roadside inspection at a weigh station or a roadside stop. The CHP can issue a warning or Compliance, Safety, and Accountability (CSA) Points during a stop. If you do not have a copy of the DVIR, you can get assessed four CSA severity points. Any defective lights, dirty or covered lights or reflective material could be assessed three CSA severity points. Missing or uninspected emergency items could get assessed two CSA severity points each. 

Those required to have two fire extinguishers who only have one, or one has been used or no longer serviceable will get assessed two points. Therefore, a discharged, missing, or unsecured extinguisher could get two points. These points could be cumulative depending on the inspector. 

Likewise, the total number of severity points will get multiplied by the time-weight of three if a similar violation occurred within the last six months, or a two time-weight multiplier within six months to a year. These severity points will remain on the Pre-Employment Screening Program (PSP) of the driver for three years unless dismissed in court or through a legal appeal, reduced, or changed charges by a traffic court judge or administrative removal through a DataQs Request for Data Review (RDR).

The best method to begin a removal is by discussing your situation with a traffic ticket attorney. 

Talk to a Traffic Ticket Attorney about Emergency Equipment Violations in Woodland    

Talk to the traffic law professionals at Bigger & Harman, APC. We handle traffic tickets, roadside inspection violations, and DMV Hearings for CLD holders in Woodland and across California. We understand the needs of truckers. 

Any CDL holder can get a free phone consultation just by calling (661) 349-9300. Se habla Español (661) 349-9755.

Send us your concerns on an email attorney@biggerharmanlaw.com, and we will reply when the office opens. 

References:

Chapter 11, 2019 CA Commercial Driver Handbook.pdf