{"id":1646,"date":"2012-01-03T19:16:26","date_gmt":"2012-01-04T00:16:26","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=1646"},"modified":"2012-01-03T19:40:56","modified_gmt":"2012-01-04T00:40:56","slug":"atl-january-2012","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2012\/01\/ask-the-law\/atl-january-2012\/","title":{"rendered":"ATL &#8211; January 2012"},"content":{"rendered":"<h3>Questions About Logging Lunch Breaks, Length Laws in CA &amp; More<br \/>\nAnswered by Law Enforcement Officials (as of January 2012)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<\/span><\/p>\n<p><span style=\"color: #ff0000;\"> These interpretations were made on December 14, 2011.<\/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><span style=\"text-decoration: underline;\">LOGGING LUNCH &amp; REST BREAKS<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> My manager and I recently had a discussion about how to properly fill out my logbook.\u00a0 I get a half-hour lunch and two 15-minute breaks each day.\u00a0 How should I log these breaks \u2013 as \u201coff duty\u201d or \u201con duty not driving\u201d?\u00a0 Our meal period is considered unpaid and the breaks are compensated time.\u00a0 My manager said I am to log these breaks as \u201con duty not driving\u201d because that is our corporate policy.\u00a0 Which way is correct, or are both ways allowed?\u00a0 Thank you \u2013 Robert in Arizona<\/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> Allowing a driver to record a break as \u201coff-duty\u201d is allowed under interpretations provided for 49 CFR 395.2.\u00a0 However, for this to be a proper logbook entry the motor carrier must relieve the driver of all responsibilities, including the vehicle and its freight, otherwise the driver is still considered to be \u201con duty not driving\u201d.\u00a0 A motor carrier is not \u201crequired\u201d to allow its drivers to record meal stops as \u201coff duty\u201d.\u00a0 You may want to contact someone in your safety department to verify your company\u2019s specific corporate policies regarding this issue as both ways are legal, but your motor carrier has the final say as to how they want it done.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">KING PIN TO REAR AXLE LAW IN CA<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> What are the length regulations in California for 53\u2019 spread-axle trailers?\u00a0 Is there a bridge law difference with a spread-axle trailer?\u00a0 If so, how far can the rear axle be from the king pin and still be legal?\u00a0 Thanks \u2013 Ken in California<\/p>\n<p><strong>A:<\/strong><strong> Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/officer_nunez.html\" target=\"_blank\">Officer Jaime Nunez<\/a>, California Highway Patrol, Commercial Vehicle Section, Sacramento, CA:<\/strong> In California, the King Pin to Rear Axle (KPRA) setting on 53-foot trailers that are equipped with spread axles is 40 feet.\u00a0 California Vehicle Code Section 35401.5(a)(1) describes the proper KPRA setting for 53-foot trailers.\u00a0 For trailers equipped with one axle, the KPRA distance is 38 feet or less.\u00a0 For trailers equipped with two axles, the KPRA distance is 40 feet or less.\u00a0 This distance is determined by measuring from the king pin to the center of the trailer\u2019s rear axle.\u00a0 There is no difference between a trailer equipped with spread-axles and one without.\u00a0 The KPRA setting is determined in the same manner for both trailers.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">LOGGING OFF DUTY WHEN IN SLEEPER<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> When I take my 10-hour break, I log it as \u201coff duty\u201d even though I spent most of my time in the sleeper.\u00a0 I was told this is a gray area.\u00a0 Should I log this time as \u201coff duty\u201d or not?\u00a0 Thanks \u2013 Bill Wisconsin<\/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><\/p>\n<p>The references to sleeper berth time are found in 49 CFR 395.1(g) and the specific exclusion of \u201ctime spent resting in a sleeper berth\u201d from the definition of \u201con duty time\u201d found in 49 CFR 395.2 infer sleeper berth time is equivalent to off duty time.\u00a0 The following guidance question to 49 CFR 395.1 \u2013 \u201cScope of rules in this part\u201d makes it quite clear there isn\u2019t any gray area as far as FMCSA is concerned.\u00a0 Any time spent in the sleeper berth is to be recorded as \u201csleeper berth time\u201d.\u00a0 Question 26: May a driver record sleeper berth time as off-duty time on line one of the record of duty status?\u00a0 Guidance: No.\u00a0 The driver\u2019s record of duty status must accurately reflect the driver\u2019s activities.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">CSA SCORING ON LOGBOOK VIOLATIONS<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> When reading the CSA results for various carriers, I often see a \u201c395.8 Log Violation (general\/form and manner).\u201d\u00a0 Is this violation for missing items on a log sheet as listed under FMCSA 395.8(d)?\u00a0 Thank you \u2013 Arthur in Winnipeg, Canada<\/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> Yes, Part 395.8(d) lists the 11 items that must be included on the log sheet.\u00a0 If any of those items are missing, then a violation is noted on the inspection form for Log Violation (general\/form and manner)<\/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 December 14, 2011.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions About Logging Lunch Breaks, Length Laws in CA &amp; More Answered by Law Enforcement Officials (as of January 2012) Warning: Laws are subject to change without notice. These interpretations were made on December 14, 2011. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org LOGGING<\/p>\n","protected":false},"author":16,"featured_media":456,"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-1646","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\/1646","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=1646"}],"version-history":[{"count":3,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/1646\/revisions"}],"predecessor-version":[{"id":1727,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/1646\/revisions\/1727"}],"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=1646"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=1646"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=1646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}