{"id":22364,"date":"2018-11-01T20:01:46","date_gmt":"2018-11-02T00:01:46","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=22364"},"modified":"2018-11-01T20:01:46","modified_gmt":"2018-11-02T00:01:46","slug":"ask-the-law-november-2018","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2018\/11\/ask-the-law\/ask-the-law-november-2018\/","title":{"rendered":"Ask The Law \u2013 November 2018"},"content":{"rendered":"<h3>Questions about Hours-of-Service, Flashing Your Lights &amp; More Answered by Law Enforcement Officials (as of November 2018)<\/h3>\n<p><span style=\"color: #ff0000;\"><strong><em>Warning: Laws are subject to change without notice.&nbsp; These interpretations were made on October 4, 2018.<\/em><\/strong><\/span><\/p>\n<p>Brought to you as a public service by Ol\u2019 Blue, USA and 10-4 Magazine.&nbsp; Please submit questions to <u><a href=\"mailto:wheelchock@comcast.net\">wheelchock@comcast.net<\/a><\/u><\/p>\n<p>&nbsp;<strong><u>HOURS-OF-SERVICE ACROSS THE BORDER<\/u><\/strong><\/p>\n<p><strong>&nbsp;Q:<\/strong> We have a dedicated run 3 times per week from Chicago to Toronto.&nbsp; The driver lives in Canada and runs empty from Toronto to Chicago.&nbsp; On his way back to Canada with the load, he sometimes has delays that cause him to go over on his US hours of service (HOS) 11-hour driving limit.&nbsp; However, the Canadian HOS rules allow 13 hours of drive time, so he can finish his run legally, based on the county he is in at the time.&nbsp; Can the driver receive a citation when he goes back into the US if law enforcement sees he was driving for more than 11 hours a few days prior?&nbsp; Philip in Indiana<\/p>\n<p>&nbsp;<strong>A: Provided by Senior Trooper Brent N. Hoover, Indiana State Police, Commercial Vehicle Enforcement Division, Indianapolis, IN:<\/strong> No, he would not.&nbsp; See Part 395.3 Interpretations of the Federal Motor Carrier Safety Regulations, which says: \u201cQuestion 4: A Canadian driver is subjected to a logbook inspection in the US.&nbsp; The driver has logged one or more 13-hour driving periods while in Canada during the previous 7 days but has complied with all the Federal Motor Carrier Safety Regulations while operating in the US.&nbsp; Has the driver violated the 10-hour driving requirement in the US?&nbsp; Guidance: No.&nbsp; Canadian drivers are required to comply with the Federal Motor Carrier Safety Rules only when operating in the United States.<\/p>\n<p><strong><u>USING PAPER LOGS WHEN YOUR ELD FAILS<\/u><\/strong><\/p>\n<p><strong>Q:<\/strong> The ELD in my tractor wasn\u2019t operating for two days so I used a paper log.&nbsp; Now that the ELD is operating properly, do I need to record those two days\u2019 HOS on the ELD?&nbsp; Thank you for your help \u2013 Lloyd in New York<\/p>\n<p><strong>A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX:<\/strong> From my understanding of the FMCSA\u2019s requirements for ELDs, a driver cannot go back and edit any entry or make an entry once the day\/time has passed.&nbsp; Therefore, in your situation, you cannot go back and record the hours that you recorded in the paper logbook while your ELD was not functioning.&nbsp; Keep the paper logs in your truck.&nbsp; If you are stopped and need to show your HOS, provide the paper logs.&nbsp; Once you arrive back at your motor carrier, turn in the log sheets or mail them in within 13 days of completion.&nbsp; The motor carrier can go in and edit your ELD.<\/p>\n<p><strong><u>FLASHING LIGHTS TO WARN OF SPEED TRAP<\/u><\/strong><\/p>\n<p><strong>Q:<\/strong> While trucking in Kentucky, I was pulled over in a CMV for flashing my headlights at an oncoming CMV to warn the driver that there was a local city cop watching traffic ahead.&nbsp; At that time, headlights were not needed.&nbsp; I was pulled over by a KHP officer and was told flashing headlights to warn oncoming traffic of a police vehicle ahead is illegal.&nbsp; I always thought doing so was a common courtesy.&nbsp; Thank you \u2013 Adam in Kansas<\/p>\n<p><strong>A: Provided by Jim Brokaw, formerly a Staff Sergeant with the Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE:<\/strong> It varies from state to state as to whether flashing headlights is an illegal practice.&nbsp; 49 CFR 393.24(a) requires headlights on commercial vehicles to be steady burning.&nbsp; Therefore, it could be construed that headlights that flash would be a violation of federal safety regulations.&nbsp; However, I have a question for you.&nbsp; From my experience in law enforcement, I have found that truly professional drivers always drive within the limits of the law.&nbsp; So, why would it be necessary to warn someone who isn\u2019t violating the law that there is a police officer ahead of them?&nbsp; If you were to look at it from the officer\u2019s point of view, what you consider to be a common courtesy interferes with them trying to do their job.<\/p>\n<p><em>~ The \u201cAsk The Law\u201d program is an ongoing educational effort between Ol\u2019 Blue, USA and commercial law enforcement agencies.&nbsp; 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.&nbsp; Ask the Law is a registered trademark of Ol\u2019 Blue, USA.&nbsp; This column is copyrighted by Ol\u2019 Blue, USA.&nbsp; <span style=\"color: #ff0000;\"><strong>Warning: The information contained within this column is provided for educational and informational purposes only and should not be construed as legal advice.&nbsp; The content contains general information and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue.&nbsp; Be aware that the material in the column may not reflect current legal developments or information, as laws and regulations are subject to change at any time without notice.&nbsp; Always check with the most recent statutes, rules and regulations to see if any changes have been made.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about Hours-of-Service, Flashing Your Lights &amp; More Answered by Law Enforcement Officials (as of November 2018) Warning: Laws are subject to change without notice.&nbsp; These interpretations were made on October 4, 2018. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4 Magazine.&nbsp; Please submit questions to wheelchock@comcast.net &nbsp;HOURS-OF-SERVICE ACROSS THE<\/p>\n","protected":false},"author":16,"featured_media":22365,"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-22364","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\/22364","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=22364"}],"version-history":[{"count":1,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/22364\/revisions"}],"predecessor-version":[{"id":22366,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/22364\/revisions\/22366"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media\/22365"}],"wp:attachment":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media?parent=22364"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=22364"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=22364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}