{"id":1426,"date":"2011-11-02T19:24:24","date_gmt":"2011-11-02T23:24:24","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=1426"},"modified":"2011-11-03T20:15:31","modified_gmt":"2011-11-04T00:15:31","slug":"atl-november-2011","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2011\/11\/ask-the-law\/atl-november-2011\/","title":{"rendered":"ATL &#8211; November 2011"},"content":{"rendered":"<h3>Questions about Logbooks, Locking Haz-Mat Loads in CA &amp; More<br \/>\nAnswered by Law Enforcement Officials (as of November 2011)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<\/span><br \/>\n<span style=\"color: #ff0000;\"> These interpretations were made on October 12, 2011.<\/span><\/p>\n<h4>Brought to you as a public service by Ol\u2019 Blue, USA and 10-4.<br \/>\nSubmit your questions to <a href=\"http:\/\/www.askthelaw.org\" target=\"_blank\">www.askthelaw.org<\/a><\/h4>\n<p><strong>IT\u2019S TIME TO SAY \u201cTHANK YOU\u201d<\/strong><\/p>\n<p>Throughout the year, the Great American Trucking Show, the Great West Truck Show, Truck Writer\u2019s of North America, 10-4 Magazine, California Highway Patrol, Nevada Highway Patrol, Texas Highway Patrol, and our team of retired law enforcement has supported Ol\u2019 Blue, USA\u2019s efforts to educate the CDL driver. Many thanks to all of these people and organizations for their help!<\/p>\n<p><strong>THE LEGALITY OF A LOGBOOK<\/strong><\/p>\n<p>Q: My employer says a logbook is a legal document. They also say that when I am not required to fill one out, they have the option to make me fill one out. If this is true, then they have an arbitrary choice whether I am subject or not subject to the logbook laws. Is this correct? Please settle this question \u2013 Don in California<\/p>\n<p><strong>A:<\/strong><strong> Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SergeantBrokaw.html\" target=\"_blank\">Jim Brokaw<\/a>, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE:<\/strong> It\u2019s safe to say any report, record, document or certificate specified by the Federal Motor Carrier Safety Regulations will be considered a legal document.\u00a0 If you look in 49 CFR 390.35 you will find the regulations prohibit making any fraudulent or intentionally false statements on any documents required by the FMCSRs.\u00a0 To do so carries both civil and criminal penalties.\u00a0 A motor carrier does not have an \u201carbitrary choice\u201d with regards to logbooks.\u00a0 49 CFR Part 395 sets the requirements for the daily log.\u00a0 Per 49 CFR 395.8(f)(7), the driver\u2019s signature certifies all entries made in the daily log are true and correct.\u00a0 And, 49 CFR 395.8(e) will make the driver and motor carrier liable for criminal prosecution for any false reports in connection with the daily log.\u00a0 49 CFR 390.3 is the general applicability of the safety regulations with 49 CFR 390.3(d) addressing additional requirements.\u00a0 These rules state nothing in the regulations that shall prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health; thus allowing motor carriers to establish company policies stricter than the safety regulations.\u00a0 In your case, this would be your employer\u2019s requirement that you need to fill out a log even when not mandated by federal regulation.<\/p>\n<p><strong>LOGGING TIME\/MILES FOR A MEETING<\/strong><\/p>\n<p><strong>Q:<\/strong> When driving your personal vehicle from Ft. Worth to Houston for a paid mandatory safety meeting, do you have to log your personal miles to and from and will it go against your 70-hour reset?\u00a0 Thanks \u2013 Randy in Texas<\/p>\n<p><strong>A:<\/strong><strong> Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/TrooperDial.html\" target=\"_blank\">Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX:<\/strong> There is an interpretation found in Part 395.2, Question #19, which states that the time a driver spends attending a safety meeting can be recorded as off duty if attendance is voluntary.\u00a0 If the attendance is mandatory, the driver must record all time as on-duty not driving, and yes it will have an effect on your 60\/70 hours.<\/p>\n<p><strong>PADLOCKS ON TANKER HAZ-MAT LOADS<\/strong><\/p>\n<p><strong>Q:<\/strong> I drive tankers and haul Haz-Mat loads in California.\u00a0 I always put padlocks on the caps that cover the liquid discharge lines.\u00a0 Is there a state or federal regulation that requires you to put padlocks on Haz-Mat loads?\u00a0 Thank you \u2013 Travon in California<\/p>\n<p><strong>A:<\/strong><strong> Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SgtPeteCamm.html\" target=\"_blank\">Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA:<\/strong> Great practice \u2013 I\u2019d even secure any tanker control levers\/devices inside the cab!\u00a0 However, neither federal nor state laws or regulations address securing the discharge lines on gasoline tankers.\u00a0 I know these ideas were discussed in California, after 9\/11, between the CHP and several trucking associations, and that locking hazardous materials (H\/M) loads is probably published in \u201cBest Practices\u201d for the H\/M industry, but the powers that \u201cwere\u201d and \u201care\u201d must have bigger fish to fry.\u00a0 In California, 32001(5)(A) California Vehicle Code (CVC) only requires enclosed containers to be locked if the vehicle is required to display placards.\u00a0 Subsection (5)(C) of 32001 CVC specifically exempts cargo tanks and flatbed trailers from the securement requirement, but if you are hauling a H\/M load in a van, it must be locked.<\/p>\n<p><em>~ 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. <span style=\"color: #ff0000;\"><strong>Warning: Laws are subject to change without notice. These interpretations were made on October 12, 2011.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about Logbooks, Locking Haz-Mat Loads in CA &amp; More Answered by Law Enforcement Officials (as of November 2011) Warning: Laws are subject to change without notice. These interpretations were made on October 12, 2011. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org IT\u2019S TIME<\/p>\n","protected":false},"author":16,"featured_media":457,"comment_status":"open","ping_status":"open","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-1426","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\/1426","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=1426"}],"version-history":[{"count":6,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/1426\/revisions"}],"predecessor-version":[{"id":1524,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/1426\/revisions\/1524"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media\/457"}],"wp:attachment":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media?parent=1426"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=1426"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=1426"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}