{"id":14889,"date":"2017-06-01T18:08:15","date_gmt":"2017-06-01T22:08:15","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=14889"},"modified":"2017-06-04T14:03:25","modified_gmt":"2017-06-04T18:03:25","slug":"ask-the-law-june-2017","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2017\/06\/ask-the-law\/ask-the-law-june-2017\/","title":{"rendered":"Ask The Law\u00ae \u2013 June 2017"},"content":{"rendered":"<h3>Questions about Sun Visors, DOT Physicals, Placards &amp; More Answered by Law Enforcement Officials (as of June 2017)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<br \/>\nThese interpretations were made on May 15, 2017.<\/span><\/p>\n<h4>Brought to you as a public service by Ol\u2019 Blue, USA and 10-4.<\/h4>\n<p>Submit your questions to <a href=\"http:\/\/www.askthelaw.org\" target=\"_blank\">www.askthelaw.org<\/a><\/p>\n<p><strong>TEAM MEMBER RECEIVES A PROMOTION<\/strong><\/p>\n<p>Ol\u2019 Blue, USA and 10-4 Magazine would like to congratulate our longtime contributor to the \u201cAsk The Law\u201d column, Officer Jaime Nunez, on his recent promotion to Sergeant, California Highway Patrol. We wish Sgt. Nunez the very best in his new supervisory role and look forward to continuing our collaborative efforts to promote commercial vehicle safety on our nation\u2019s highways. Congratulations Sgt. Nunez!<\/p>\n<p><strong>SUN VISOR REQUIREMENTS FOR A CMV<\/strong><\/p>\n<p><strong>Q:<\/strong> Is not having a driver sun visor in a commercial truck illegal or a violation on a Class-B or Class-A licensed truck? Thank you \u2013 Michael in Florida<\/p>\n<p><strong>A: Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SgtPeteCamm.html\" target=\"_blank\">Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA:<\/strong> Other than construction requirements for sun visors contained in Title 49, Code of Federal Regulations (CFR), Part 571.201 (Occupant Protection), a regulation stating sun visors must remain in any vehicle does not appear to exist in federal regulations. Also, 49 CFR, Part 393 (Parts and Accessories Necessary for Safe Operation) is silent concerning sun visors. Interesting information: while no federal violation seems to exist for having something in the window shield (i.e., sun shade, towel) which obstructs a driver\u2019s view, the FMCSA appears to track state violations of obstructed view using non-existent 49 CFR, Part 392.9(a)(3). 49 CFR, Part 393.60(e), \u201cProhibition on Obstructions to the Driver\u2019s Point of View,\u201d only refers to antennas, transponders or other similar devices and safety stickers. So, whether or not a sun visor is required, or required to be maintained, may be a state law in which you are traveling.<\/p>\n<p><strong>DOT MEDICAL CERTIFICATE REQUIREMENTS<\/strong><\/p>\n<p><strong>Q:<\/strong> I am now working for a small company part-time. I take two or three trips a month that are no more than 150 miles a trip. Some months I don\u2019t have any. Do I need a DOT Physical? Thank you \u2013 Richard in Pennsylvania.<\/p>\n<p><strong>A: 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> Anytime the driver operates in Interstate Commerce, the driver is required to have a valid DOT Medical Certificate, regardless of the length of the trip. There is an exemption in PA that drivers who operate in Intrastate Commerce can take advantage of, but the driver needs to be regularly employed by the motor carrier as of 9\/23\/1995. With you only working part-time for the motor carrier you would not be eligible to take advantage of that exemption. So, a DOT Medical Certificate would be required to operate a commercial motor vehicle.<\/p>\n<p><strong>SAFETY PLACARDS ON A CMV<\/strong><\/p>\n<p><strong>Q:<\/strong> I would like to know if there is a fine if a placard gets wet or blows off the trailer and then you go through a scale and an officer sees that one placard is missing? I can\u2019t find information about this. Thank you \u2013 Bruce in California<\/p>\n<p><strong>A: Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/sergeant_nunez.html\" target=\"_blank\">Sergeant Jaime Nunez<\/a>, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA:<\/strong> If placards are required, you must have placards on all four sides of the vehicle or you will be in violation of Title 49 (part 172.504), regardless of the weather conditions. Bail and fine information is available at individual courts, depending on where the violation occurred.<\/p>\n<p><strong>HOS RULE REGARDING CALLING DISPATCH<\/strong><\/p>\n<p><strong>Q:<\/strong> Is the time between when a shift ends and waiting for the next start time call considered on-duty not driving? For example, I have to call every night to find out my next start time. It\u2019s supposed to be available by 6:00 pm, but lately it\u2019s been coming out after 7:00 pm. Sometimes I have to start in the 3:00 am hour, yet I don\u2019t find that out until after 7:00 pm. Does the ten hours between shift rule apply? Please advise. Thank you \u2013 Charles in California.<\/p>\n<p><strong>A: 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> To answer your second question first, if you are subject to the Federal Hours-of-Service for interstate commerce, then yes, the 10-hour rule applies. But it\u2019s based on having accumulated 11 hours of driving time or having reached your 14th hour after coming on duty. If that is the case, then you must have 10 hours off before you\u2019re eligible to drive again. To help answer your question about your call-in time, refer to 49 CFR 395.2, which provides the definitions of terms used for the hours of service. Accordingly, \u201con-duty time\u201d means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work; to include all time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier. Also refer to Guidance Question #5 for 49 CFR 395.2 \u2013 it states: \u201cQuestion 5: Do telephone calls to or from the carrier that momentarily interrupt a driver\u2019s rest period constitute a change of the driver\u2019s duty status? Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver\u2019s off duty status.\u201d<\/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 May 15, 2017.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about Sun Visors, DOT Physicals, Placards &amp; More Answered by Law Enforcement Officials (as of June 2017) Warning: Laws are subject to change without notice. These interpretations were made on May 15, 2017. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org TEAM MEMBER RECEIVES<\/p>\n","protected":false},"author":16,"featured_media":458,"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-14889","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\/14889","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=14889"}],"version-history":[{"count":3,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/14889\/revisions"}],"predecessor-version":[{"id":15038,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/14889\/revisions\/15038"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media\/458"}],"wp:attachment":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media?parent=14889"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=14889"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=14889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}