Ask The Law – June 2018

Questions about 30-Minute Breaks, Weigh Stations & More Answered by Law Enforcement Officials (as of June 2018)

Warning: Laws are subject to change without notice.
These interpretations were made on May 15, 2018.

Brought to you as a public service by Ol’ Blue, USA and 10-4 Magazine. Please submit questions to editor@tenfourmagazine.com

ASK THE LAW COLUMN IS FINALLY BACK!

As many of you may or may not know, RJ Taylor, who produced this monthly article for 10-4 Magazine since 2006, passed away in December 2017. Over the past few months, David “Cabover” Kolman, who worked closely with RJ for years, along with all the participating law enforcement officials who answer the questions, helping him put together this column, has worked tirelessly to get it up and running again. In fact, “Cabover” has enlisted several new law enforcement officials to help answer truckers’ questions. This column has always been a reader favorite, and since RJ’s passing, it has been missed. Not all of the issues have been completely figured out, but “Cabover” was able to get some questions and answers and hopes to keep it going monthly from here on out. Please be patient while he fine-tunes all the details. In the meantime, if you have a question, please submit it to editor@tenfourmagazine.com and we will make sure to forward it to the “Ask The Law” team until he gets the official website and email addresses confirmed. Our thanks to “Cabover” for his hard work and dedication to the cause, and for keeping RJ’s legacy and passion for safety alive.

LOGGING OFF-DUTY AT THE FUEL ISLAND

Q: Is it legal to park at a fuel pump and log this as off-duty time and/or as time in the sleeper for a 30-minute break? Thank you in advance – David in Georgia.

A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: If you are at a fuel island/pump and fueling the vehicle, you cannot log that time as off-duty or sleeper berth. During that time, you are performing a safety-sensitive function, and that is on duty/not driving – as defined in FMCSA safety regulation Part 395.2, On Duty Time – and must be logged as such. The only way to properly log the required 30-minute rest break is off-duty. If you log anything else, you are in violation if you are driving after having been on-duty for more than eight (8) consecutive hours without having the 30-minute off-duty break.

CARRYING A GUN ACROSS STATE LINES

Q: I have a question about open carry in a truck while crossing state lines. My company is okay with it. I understand that some states don’t allow open carrying of a handgun. Is there a way to legally travel through a state that doesn’t permit open carry? Thanks for your help – Gary in Kentucky.

A: Provided by Jim Brokaw, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: Nebraska state law allows for open carry of firearms. However, it also allows local jurisdictions to place restrictions. For example, City of Omaha Municipal Code 20-251 requires that all concealable firearms inside the city limits of Omaha must be registered. Regardless of where a person happens to reside and regardless if the firearm is in plain view, any concealable firearms inside the City of Omaha are required to be registered with the Omaha Police Department.

ACCIDENTAL WEIGH STATION DRIVE-BY

Q: I recently inadvertently passed a weigh station without stopping. Thankfully, no law enforcement came after me. But, what is the penalty – fine and points – for bypassing a scale? Thank you – Hank in Maryland.

A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: Drivers who pass a weigh station and do not stop, whether inadvertently or not, and are caught, are subject to being issued a citation. The citation is considered a moving violation and thus would be subject to points against the driver’s driving record, based on their home state. The amount of a fine, if a citation was issued, would be based on the fine amount in the state in which the violation occurred.

~ The Ask The Law™ programs are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. Ol’ Blue, USA is a non-profit organization dedicated to highway safety education and to improving relations between the motoring public, law enforcement and commercial drivers. “Ask The Law” is a registered trademark of Ol’ Blue, USA. This column is copyrighted© by Ol’ Blue, USA. Warning: Laws are subject to change at any time without notice. Always check with the most recent statues, rules and regulations to see what, if any, changes have been made.

About Ol' Blue, USA TM

Ol’ Blue, USATM is a non-profit organization dedicated to highway safety education and to improving relations between the motoring public, law enforcement and commercial drivers. The Ask The LawTM programs are an ongoing educational effort between Ol’ Blue, USA and commercial law enforcement agencies. “Ask The Law” is a registered trademark of Ol’ Blue, USA. This column is copyrighted by Ol’ Blue, USA.