Warning: Laws are subject to change without notice. UPDATE ON THE NEW SEAT BELT RULE<\/u><\/strong><\/p>\n A: Provided by Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX:<\/strong>\u00a0 Just thought I\u2019d give you the latest update on Part 392.16(b), passenger use of seatbelt that went into effect 8\/3\/16.\u00a0 A question came up on how would the violation be recorded on a Roadside Inspection.\u00a0 The final word is, the violation will be recorded against the driver based on wordage in Part 392.16(b).\u00a0 If you read Part 392.16(b), it states, \u201cPassengers, no driver shall operate a property-carrying commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a property-carrying commercial motor vehicle, that has seat belt assemblies installed at the seats for other occupants of the vehicle unless all other occupants are properly restrained by such seat belt assemblies.<\/p>\n RULES ON CMV DRIVERS WITH DIABETES<\/u><\/strong><\/p>\n Q:<\/strong> I drive local delivery, always within a 100-mile radius, and never work more than 12 hours.\u00a0 I have diabetes, which is controlled by diet and oral meds.\u00a0 At some point, I may need to go on insulin.\u00a0 What are the rules for drivers on insulin?\u00a0 Thanks \u2013 John in California<\/p>\n A: Provided by Officer Jaime Nunez<\/a>, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA:<\/strong>\u00a0 Section 391.41(b)(3) of the Federal Motor Carrier Safety Regulations prohibits interstate operation of commercial vehicles by persons with an established medical history or clinical diagnosis of diabetes mellitus requiring insulin for control.\u00a0 Under certain conditions, a person may be exempted from this regulation.\u00a0 A consultation with the Federal Motor Carrier Safety Administration will be required.\u00a0 Similarly, a person engaged in intrastate-only commerce may be granted an exemption by the state.\u00a0 Many factors will be considered, including a statement from your doctor indicating no severe hypoglycemic reactions resulting in loss of consciousness or impaired cognitive function occurred without warning in the past 12 months.\u00a0 Additionally, no recurrent (two or more) severe hypoglycemic episodes have occurred in the last five years.\u00a0 Based on all the information presented, a person may or may not be permitted to drive a commercial vehicle.<\/p>\n GETTING HIRED AFTER FAILING A DRUG TEST<\/u><\/strong><\/p>\n Q:<\/strong> Are there any companies that hire drivers with a failed drug test (over a year ago) or who don\u2019t read DAC reports?\u00a0 Thank you \u2013 Greg in Ohio<\/p>\n A: Provided by Jim Brokaw<\/a>, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: <\/strong>\u00a0You\u2019ll find the answer to your question in 49 CFR 391.23.\u00a0 Federal regulation requires that all motor carriers conduct investigations and inquiries with respect to each driver it intends to employ.\u00a0 As part of this investigation, the hiring motor carrier must contact a prospective driver\u2019s previous employers to verify, among other things, if the driver has failed a drug\/alcohol test.\u00a0 The hiring motor carrier must provide the previous employers with the driver\u2019s written consent for the release of this information.\u00a0 But, if the driver refuses to provide this written consent, by regulation, the hiring carrier is prohibited from letting the driver operate any commercial motor vehicle, not just CDL vehicles.\u00a0 If you apply for a driving job but won\u2019t give consent to the background check, the motor carrier can\u2019t let you drive.\u00a0 If you can\u2019t drive, they are not going to hire you.\u00a0 Simply put, if a prospective driver has failed a drug test or refuses to give consent to obtain that information, a motor carrier will not want to hire such a safety risk.<\/p>\n TEXAS \u201cM\u201d RESTRICTION ON CDL LICENSE<\/u><\/strong><\/p>\n Q:<\/strong> My husband now has an \u201cM\u201d restriction on his license.\u00a0 What exactly can he haul?\u00a0 The DPS website says restricted to Texas.\u00a0 Okay, that\u2019s fine, but it does not say anything about product.\u00a0 Someone else told me he could only haul product produced in Texas within the state of Texas.\u00a0 I am asking because I haul in Texas but the product is not all produced in Texas.\u00a0 I would like for him to be able to drive instead of just ride with me when I am loaded.\u00a0 Lastly, does he need to log it if he takes my truck to the shop?\u00a0 Thank you for your help \u2013 Lynn in Texas<\/p>\n A: Provided by Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: <\/strong>\u00a0In regards to your first question, with the \u201cM\u201d restriction being added to your husband\u2019s CDL, this limits him to operating a commercial motor vehicle, including the load, strictly within the state of Texas.\u00a0 Intrastate transportation means the load starts and ends in Texas.\u00a0 The load cannot originate in another state or end in another state.\u00a0 In regards to your second question, the requirements for completing a logbook will depend on whether the motor carrier requires a driver to complete a daily Record of Duty Status.\u00a0 If you have any additional questions, please feel free to email us through the website (www.askthelaw.org<\/u><\/a>).\u00a0 Please include specific details in further questions so we can properly answer them.<\/p>\n ~ The Ask The Law\u2122 programs are an ongoing educational effort between Ol\u2019 Blue, USA\u2122 and commercial law enforcement agencies. Ol\u2019 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. \u201cAsk The Law\u201d is a registered trademark of Ol\u2019 Blue, USA. This column is copyrighted\u00a9 by Ol\u2019 Blue, USA. Warning: Laws are subject to change without notice. These interpretations were made on September 14, 2016.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Questions about Driving with Diabetes, Failed Drug Tests & More Answered by Law Enforcement Officials (as of October 2016) Warning: Laws are subject to change without notice. These interpretations were made on September 14, 2016. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. UPDATE ON THE NEW SEAT BELT RULE<\/p>\n","protected":false},"author":16,"featured_media":456,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"ngg_post_thumbnail":0,"footnotes":""},"categories":[10],"tags":[],"class_list":{"0":"post-11977","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-ask-the-law"},"_links":{"self":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/11977","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/comments?post=11977"}],"version-history":[{"count":1,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/11977\/revisions"}],"predecessor-version":[{"id":11978,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/11977\/revisions\/11978"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media\/456"}],"wp:attachment":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media?parent=11977"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=11977"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=11977"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nThese interpretations were made on September 14, 2016.<\/span><\/p>\nBrought to you as a public service by Ol\u2019 Blue, USA and 10-4.<\/h4>\n