17 / ROADSIDE INSPECTIONS, WARNINGS AND CRASH RECORDS
路检、停车警示与事故记录Roadside inspections, warnings and crash records
检查报告、停驶命令和事故申报是不同事务。先保证现场安全,再把报告交接、修复和期限分别处理。Inspection reports, out-of-service orders and accident reports are different matters. Secure the scene first, then handle handoff, repairs and deadlines separately.
检查报告、停驶命令和事故申报是不同事务。先保证现场安全,再把报告交接、修复和期限分别处理。Inspection reports, out-of-service orders and accident reports are different matters. Secure the scene first, then handle handoff, repairs and deadlines separately.
面向加州商业车辆驾驶员及适用联邦检查规则的承运人。本文不决定事故责任,不替代现场执法或急救指示,也不把所有州的申报规则视为相同。For California commercial drivers and carriers subject to federal inspection rules. This guide does not decide fault, replace emergency or enforcement directions, or apply California reporting rules to every state.
先弄清这几条要求Start with these requirements
有要求停车检查的标志,须按要求接受检查Stop for a posted commercial-vehicle inspection
- 具体要求What the rule requires
- CHP 开展商业车辆检查且标志要求停车时,驾驶员须停车接受规定检查,包括尺寸、重量、设备、装载、排放以及驾照、医疗资格和工时。不能因为空车或自认为合规而自行跳过。Where CHP conducts commercial-vehicle inspections and signs require a stop, drivers must stop and submit to the specified vehicle and driver checks. Being empty or believing the vehicle is compliant does not itself excuse the stop.
Every driver of a commercial vehicle shall stop and submit the vehicle to an inspection of the vehicle’s size, weight, equipment, loading, and smoke emissions, as well as the driver’s license, medical qualifications, and hours-of-service compliance of a driver of the vehicle at any location where members of the California Highway Patrol are conducting tests and inspections of commercial vehicles and when signs are displayed requiring the stop. Every driver who fails or refuses to stop and submit the vehicle to an inspection when signs are displayed requiring that stop is guilty of a misdemeanor.
阅读完整条文(英文)Read the full section (English)使用固定来源版次;适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
停驶缺陷修复前不能继续跑;报告另有交接期限Do not operate before OOS repairs; handle report deadlines separately
- 具体要求What the rule requires
- 被标为 out-of-service 的车辆,在所列修复完成前不得运行,移动车辆也须符合特定拖移规则。司机须向承运人以及涉及的联运设备提供者交报告,到下一个有关车场/设施时交接;24 小时内不计划到达则应立即传送。承运人按规定修复,并在检查后 15 日内完成修复证明;发单州机关要求时才须将完成表回传,副本一律保存 12 个月。Do not operate a vehicle marked out of service before completing the required repairs; movement also has specific towing restrictions. Deliver the report to the carrier and any involved intermodal equipment provider at the next relevant terminal/facility, or transmit immediately if no arrival is scheduled within 24 hours. The carrier must correct violations and certify within 15 days; return the completed report when the issuing state agency requests it, and retain a copy for 12 months.
(c) (c) Motor vehicles and intermodal equipment declared “out-of-service.” (1) Authorized personnel shall declare and mark “out-of-service” any motor vehicle or intermodal equipment which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An “Out-of-Service Vehicle” sticker shall be used to mark vehicles and intermodal equipment “out-of-service.”
(c)(2) (2) No motor carrier or intermodal equipment provider shall require or permit any person to operate nor shall any person operate any motor vehicle or intermodal equipment declared and marked “out-of-service” until all repairs required by the “out-of-service notice” have been satisfactorily completed. The term operate as used in this section shall include towing the vehicle or intermodal equipment, except that vehicles or intermodal equipment marked “out-of-service” may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of an emergency towing vehicle and an “out-of-service” vehicle shall not be operated unless such combination meets the performance requirements of this subchapter except for those conditions noted on the Driver Vehicle Examination Report.
(c)(3) (3) No person shall remove the “Out-of-Service Vehicle” sticker from any motor vehicle or intermodal equipment prior to completion of all repairs required by the “out-of-service notice.”
(d) Motor carrier or intermodal equipment provider disposition. (1) The driver of any motor vehicle, including a motor vehicle transporting intermodal equipment, who receives an inspection report shall deliver a copy to both the motor carrier operating the vehicle and the intermodal equipment provider upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle or at a facility of the intermodal equipment provider within 24 hours, the driver shall immediately mail, fax, or otherwise transmit the report to the motor carrier and intermodal equipment provider.
(2) Motor carriers and intermodal equipment providers shall examine the report. Violations or defects noted thereon shall be corrected in accordance with § 396.11(a)(3). Repairs of items of intermodal equipment placed out-of-service are also to be documented in the maintenance records for such equipment.
(3) Within 15 days following the date of the inspection, the motor carrier or intermodal equipment provider shall—
(i) Certify that all violations noted have been corrected by completing the “Signature of Carrier/Intermodal Equipment Provider Official, Title, and Date Signed” portions of the form; and
(ii) If requested by the issuing State agency, return the completed roadside inspection form to the issuing State agency at the address indicated on the form and, in all instances, retain a copy at the motor carrier's principal place of business, at the intermodal equipment provider's principal place of business, or where the vehicle is housed for 12 months from the date of the inspection, in accordance with paragraph (d)(3)(i) of this section.
阅读完整条文(英文)Read the full section (English)使用固定来源版次;适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
路肩故障停车,双闪不能代替警示装置Hazard lights do not replace required roadside warning devices
- 具体要求What the rule requires
- 除正常交通停车等适用情形外,在公路行车道或路肩停车应立即开双闪,并尽快、最迟十分钟内按规则放置警示装置。双向道路与分隔/单行道路的摆放位置不同,弯道、坡顶、遮挡和易燃物泄漏另有要求;不要照搬一套距离用于所有现场。Except necessary traffic stops and applicable exceptions, activate hazard flashers immediately when stopped on the traveled highway or shoulder and place required warning devices as soon as possible, within ten minutes. Placement differs on two-way versus divided/one-way roads, with additional rules for curves, crests, obstructions and flammable leaks.
(a) (a) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the commercial motor vehicle. The flashing lights may be used at other times while a commercial motor vehicle is stopped in addition to, but not in lieu of, the warning devices required by paragraph (b) of this section.
(b) (b) Placement of warning devices—(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by § 393.95 of this subchapter, in the following manner:
(i) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from the stopped commercial motor vehicle in the direction of approaching traffic;
(ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic; and
(iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic.
(iii) Business or residential districts. The placement of warning devices is not required within the business or residential district of a municipality, except during the time lighted lamps are required and when street or highway lighting is insufficient to make a commercial motor vehicle clearly discernable at a distance of 500 feet to persons on the highway.
(iv) Hills, curves, and obstructions. If a commercial motor vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the warning signal required by paragraph (b)(1) of this section in the direction of the obstruction to view a distance of 100 feet to 500 feet from the stopped commercial motor vehicle so as to afford ample warning to other users of the highway.
(v) Divided or one-way roads. If a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the warning devices required by paragraph (b)(1) of this section, one warning device at a distance of 200 feet and one warning device at a distance of 100 feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the commercial motor vehicle. He/she shall place one warning device at the traffic side of the commercial motor vehicle within 10 feet of the rear of the commercial motor vehicle.
(vi) Leaking, flammable material. If gasoline or any other flammable liquid, or combustible liquid or gas seeps or leaks from a fuel container or a commercial motor vehicle stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion.
阅读完整条文(英文)Read the full section (English)使用固定来源版次;适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
达到加州事故申报条件,十天内向 DMV 报告Report a qualifying California accident to DMV within ten days
- 具体要求What the rule requires
- 涉及伤亡,或任何一人的财产损失超过 1,000 美元的适用道路事故,驾驶员须在十天内按 DMV 规定方式申报,可通过保险代理等法定方式办理。向保险公司或警方报告,不能未经核对就认为 DMV 申报也已完成。For a covered road accident involving injury/death or over $1,000 damage to any one person’s property, the driver must report to DMV within ten days in the required manner, personally or through a permitted representative. Do not assume an insurer or police report also completes the DMV requirement.
- 条件与例外Conditions and exceptions
- 政府所有、租赁或指挥车辆等有条文例外,非公路事故须核对法定定义。The section includes a government-vehicle exception; off-highway accidents require the statutory definition to be checked.
(a) (a) The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle on a street or highway, or is involved in a reportable off-highway accident, as defined in Section 16000.1, that has resulted in damage to the property of any one person in excess of one thousand dollars ($1,000), or in bodily injury, or in the death of any person shall report the accident, within 10 days after the accident, either personally or through an insurance agent, broker, or legal representative, on a form approved by the department, to the office of the department at Sacramento, subject to this chapter. The driver shall identify on the form, by name and current residence address, if available, any person involved in the accident complaining of bodily injury.
(b) (b) A report is not required under subdivision (a) if the motor vehicle involved in the accident was owned or leased by, or under the direction of, the United States, this state, another state, or a local agency.
阅读完整条文(英文)Read the full section (English)使用固定来源版次;适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
教学例子WORKED EXAMPLE
检查后还能开,不代表报告不用处理No OOS order does not mean no report work
教学场景:司机路检后获准继续行驶,但收到列有缺陷的检查报告。Illustrative scenario: a driver may continue after a roadside inspection but receives a report listing defects.
先交接报告Hand off the report
按下一终端及 24 小时条件及时交给承运人及涉及的联运设备提供者,不能只把纸留在驾驶室。Deliver or transmit it to the carrier and any involved intermodal equipment provider under the next-terminal/24-hour rule rather than leaving it in the cab.
跟踪修复与证明Track correction and certification
承运人按适用标准修复并完成证明、必要回传和保留副本;被允许继续行驶不等于免除缺陷处理。The carrier must correct, certify, return when required and retain the copy; permission to continue does not waive defect correction.
能否继续驾驶与后续文书期限要分开核对。Check continued-operation permission and paperwork deadlines separately.
实际工作中,最容易弄错的地方Common mistakes in day-to-day work
“15 天内修好,就能带着停驶标志跑”“The 15-day deadline lets an OOS vehicle keep running”
15 天是报告证明处理节点,不是停驶缺陷的继续运营宽限期。The 15-day certification deadline is not a grace period for operating with an OOS defect.
完整原文与来源Full text and sources
法规原文 · 英文REGULATION TEXT · ENGLISH
California Vehicle Code § 2813California Vehicle Code § 2813
官方来源快照;不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
行驶中车辆与联运设备的执法检查§ 396.9 Inspection of motor vehicles and intermodal equipment in operation.
官方来源快照;不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
车辆紧急停车后的警示措施§ 392.22 Emergency signals; stopped commercial motor vehicles.
官方来源快照;不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
California Vehicle Code § 16000California Vehicle Code § 16000
官方来源快照;不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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依据关联的官方原文及官方项目说明起草。中文和英文解读均为 CTAC AI 辅助工作稿,未经人工审核;教学案例不是实际会员记录。采集日期不是法规生效日期。Drafted from linked official texts and agency guidance. Both language interpretations are CTAC AI-assisted drafts pending human review; examples are illustrative, not member records. Capture dates are not legal effective dates.