{"id":2276,"date":"2012-06-01T17:51:27","date_gmt":"2012-06-01T21:51:27","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=2276"},"modified":"2012-06-01T17:51:27","modified_gmt":"2012-06-01T21:51:27","slug":"atl-june-2012","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2012\/06\/ask-the-law\/atl-june-2012\/","title":{"rendered":"ATL – June 2012"},"content":{"rendered":"

Questions about Post-Trip Inspections, Sleeper Bedding & More
\nAnswered by Law Enforcement Officials (as of June 2012)<\/h3>\n

Warning: Laws are subject to change without notice.<\/span>
\n These interpretations were made on May 14, 2012.<\/span><\/p>\n

Brought to you as a public service by Ol\u2019 Blue, USA and 10-4.<\/h4>\n

Submit your questions to www.askthelaw.org<\/a><\/p>\n

WE HOPE TO SEE YOU IN LAS VEGAS<\/strong><\/p>\n

Please join our Ol\u2019 Blue, USA \u201cSafety Center\u201d\u00ae at the Great West Truck Show in Las Vegas, NV on June 14, 15 & 16 at the Sands Expo and Convention Center (this is a new location). We are pleased to announce that Trooper Elmer Johnson and his team from the Nevada Highway Patrol will be joining us in Las Vegas again this year. Visit our website at www.safetytour.org<\/a> for more details.<\/p>\n

POST-TRIP INSPECTION REPORTS<\/strong><\/p>\n

Q:<\/strong> Are we required by law to have a copy of the previous day\u2019s pre-trip inspection with us in the truck? Thanks \u2013 Lyn in Arizona<\/p>\n

A:<\/strong> Provided by Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA:<\/strong> Regulations contained in 49 CFR, Parts 396.11 and 396.13 were amended in 1998. Effective July 20, 1998, neither Part 396.11 nor Part 396.13 require a motor carrier to keep a copy of the previous day\u2019s DVIR in the power unit (truck). In addition, both sections are silent regarding \u201ccopies\u201d of DVIR\u2019s. The word \u201ccopy\u201d does not exist in either 396.11 or 396.13. However, the requirement for a driver to review the previous day\u2019s DVIR remains in effect. Therefore, a motor carrier can require a copy of the DVIR to be maintained in the truck, can keep an original (or copy) on file in the terminal for a driver to review, can maintain an electronic copy for review, etc.<\/p>\n

THE TRUTH ABOUT WHITE SHEETS<\/strong><\/p>\n

Q:<\/strong> I\u2019ve been hearing a rumor for some time now that we are required to have white sheets in the bunk but have been unable to find anything in the regulations. Is this a requirement or just one of those \u201cold trucker tales\u201d that aren\u2019t really true? Thank you \u2013 Michael in California<\/p>\n

A:<\/strong> Provided by Jim Brokaw<\/a>, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: <\/strong>You guessed right, this is one of those old trucker tales.\u00a0 I remember during my DOT training an instructor saying a sleeping bag with a proper air mattress would be sufficient to meet this regulation.\u00a0 49 CFR 393.76 gives you the requirements for a sleeper berth, but says nothing about white sheets \u2013 it only refers to bed-clothing and blankets.\u00a0 In addition to shape and size, the regulation specifies required equipment.\u00a0 Paragraph (e) of 49 CFR 393.76 states: Equipment.\u00a0 A sleeper berth must be properly equipped for sleeping.\u00a0 Its equipment must include: (1) adequate bed-clothing and blankets; and (2) either: (i) springs and a mattress; or (ii) an innerspring mattress; or (iii) a cellular rubber or flexible foam mattress at least four inches thick; or (iv) a mattress filled with a fluid and of sufficient thickness when filled to prevent \u201cbottoming-out\u201d when occupied while the vehicle is in motion.\u00a0 Where you can run into problems is if you are claiming sleeper berth time on your log and the sleeper isn\u2019t properly equipped for sleeping (such as no mattress or blankets), or it is being used to haul freight.<\/p>\n

AFFIXING PLACARDS ON A TRAILER<\/span><\/strong><\/p>\n

Q:<\/strong> I haul hazmat shipments on a fairly regular basis.\u00a0 If the trailer I am pulling is loaded with hazardous materials but does not have sufficient placard holders, is it legal for me to affix placards with tape?\u00a0 If it is legal, are there any restrictions?\u00a0 Any information you can provide will be greatly appreciated.\u00a0 Thanks \u2013 Don in Vermont<\/p>\n

A:<\/strong> Provided by Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX:<\/strong> HMR Part 172.516(c) states that the placards must be securely attached or affixed thereto or placed in a holder thereon.\u00a0 So, if the semi-trailer does not contain a placard holder, then the use of tape to affix the placard is acceptable.\u00a0 No interpretation (at this time) can be found to further clarify this regulation.\u00a0 But a word of caution \u2013 if for any reason the placard comes off or does not remain properly affixed to the semi-trailer and you are stopped, a citation and\/or violation could be issued.<\/p>\n

~ 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. Warning: Laws are subject to change without notice. These interpretations were made on May 14, 2012.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Questions about Post-Trip Inspections, Sleeper Bedding & More Answered by Law Enforcement Officials (as of June 2012) Warning: Laws are subject to change without notice. These interpretations were made on May 14, 2012. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org WE HOPE TO SEE<\/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-2276","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\/2276","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=2276"}],"version-history":[{"count":4,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/2276\/revisions"}],"predecessor-version":[{"id":2487,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/2276\/revisions\/2487"}],"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=2276"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=2276"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=2276"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}