{"id":20016,"date":"2018-06-01T18:19:27","date_gmt":"2018-06-01T22:19:27","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=20016"},"modified":"2018-06-01T20:06:11","modified_gmt":"2018-06-02T00:06:11","slug":"ask-the-law-june-2018","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2018\/06\/ask-the-law\/ask-the-law-june-2018\/","title":{"rendered":"Ask The Law \u2013 June 2018"},"content":{"rendered":"<h3>Questions about 30-Minute Breaks, Weigh Stations &amp; More Answered by Law Enforcement Officials (as of June 2018)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<br \/>\nThese interpretations were made on May 15, 2018.<\/span><\/p>\n<h4>Brought to you as a public service by Ol\u2019 Blue, USA and 10-4 Magazine. Please submit questions to <a href=\"mailto:editor@tenfourmagazine.com\">editor@tenfourmagazine.com<\/a><\/h4>\n<p><span style=\"text-decoration: underline;\"><strong>ASK THE LAW COLUMN IS FINALLY BACK!<\/strong><\/span><\/p>\n<p>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 \u201cCabover\u201d 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, \u201cCabover\u201d has enlisted several new law enforcement officials to help answer truckers\u2019 questions. This column has always been a reader favorite, and since RJ\u2019s passing, it has been missed. Not all of the issues have been completely figured out, but \u201cCabover\u201d 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 \u201cAsk The Law\u201d team until he gets the official website and email addresses confirmed. Our thanks to \u201cCabover\u201d for his hard work and dedication to the cause, and for keeping RJ\u2019s legacy and passion for safety alive.<\/p>\n<p><strong>LOGGING OFF-DUTY AT THE FUEL ISLAND<\/strong><\/p>\n<p><strong>Q:<\/strong> 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 \u2013 David in Georgia.<\/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> 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 \u2013 as defined in FMCSA safety regulation Part 395.2, On Duty Time \u2013 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.<\/p>\n<p><strong>CARRYING A GUN ACROSS STATE LINES<\/strong><\/p>\n<p><strong>Q:<\/strong> 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\u2019t allow open carrying of a handgun. Is there a way to legally travel through a state that doesn\u2019t permit open carry? Thanks for your help \u2013 Gary in Kentucky.<\/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>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.<\/p>\n<p><strong>ACCIDENTAL WEIGH STATION DRIVE-BY<\/strong><\/p>\n<p>Q: I recently inadvertently passed a weigh station without stopping. Thankfully, no law enforcement came after me. But, what is the penalty \u2013 fine and points \u2013 for bypassing a scale? Thank you \u2013 Hank in Maryland.<\/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> 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\u2019s 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.<\/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 at any time without notice. Always check with the most recent statues, rules and regulations to see what, if any, changes have been made.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about 30-Minute Breaks, Weigh Stations &amp; 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\u2019 Blue, USA and 10-4 Magazine. Please submit questions to editor@tenfourmagazine.com ASK THE LAW<\/p>\n","protected":false},"author":16,"featured_media":20074,"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-20016","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\/20016","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=20016"}],"version-history":[{"count":2,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/20016\/revisions"}],"predecessor-version":[{"id":20018,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/20016\/revisions\/20018"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media\/20074"}],"wp:attachment":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media?parent=20016"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=20016"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=20016"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}