{"id":230,"date":"2011-02-25T10:00:00","date_gmt":"2011-02-25T15:00:00","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/content\/?p=230"},"modified":"2024-06-01T15:27:24","modified_gmt":"2024-06-01T19:27:24","slug":"atl-february-2011","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2011\/02\/ask-the-law\/atl-february-2011\/","title":{"rendered":"ATL &#8211; February 2011"},"content":{"rendered":"<h3>Questions about Scales, Spread-Axle Trailers,<br \/>\nCDL Permits &amp; More Answered by Law Enforcement<br \/>\nOfficials (as of February 2011)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<br \/>\nThese interpretations were made on January 12, 2011<\/span><\/p>\n<h4>Brought to you as a public service by Ol\u2019 Blue, USA and 10-4.<br \/>\nSubmit your questions to <a href=\"http:\/\/www.askthelaw.org\/\">www.askthelaw.org<\/a><\/h4>\n<p><strong><span style=\"text-decoration: underline;\">SPREAD AXLE LAWS IN CALIFORNIA<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> Can you have a 10\u2019-1\u201d spread on  the trailer in  California or do you have to run a closed tandem axle?\u00a0 Thank you \u2013 Rick  in Ontario, Canada<\/p>\n<p><strong>A:<\/strong> <strong>Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/officer_portilla.html\">Officer James Portilla<\/a>, California Highway Patrol, Commercial  Vehicle Section, Sacramento,   California: <\/strong>You  would  not need to run with a closed tandem.\u00a0 A  10\u2019-1\u201d spread axle is  legal in California.\u00a0  The maximum weight allowed for a 10\u2019-1\u201d tandem  would be 40,000 lbs.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">INTERRUPTING A 10-HOUR BREAK<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> I run the same route three times a  week.\u00a0 My  boss wants me to call on those  days to let him know I will be at work.\u00a0   Can he make me call while I\u2019m on my 10-hour break?\u00a0 Thanks \u2013 Garry in  Texas<\/p>\n<p><strong>A: Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/TrooperDial.html\">Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: <\/strong>A  lot is  going to depend on what type of answer you want to hear.\u00a0 There  is an interpretation (Question #30)  found in Part 395.3 that deals  with drivers having to constantly respond to  satellite or similar  communications while taking their rest break.\u00a0 The interpretation states  that a driver has  to be \u201con-duty not driving\u201d to respond to those  messages.\u00a0 There are also two other interpretations  (Question #5 &amp;  #6) that deal with a driver having to contact or carry a  pager\/beeper  to be able to contact the motor carrier during their rest  break.\u00a0  Neither of these interpretations  state that it breaks the driver\u2019s rest  period.\u00a0  Another way to look at the answer is from the eyes of the  motor  carrier.\u00a0 You do not make a run everyday  and the motor carrier  has a load that needs to be delivered.\u00a0 All they are asking is for you  to make a  telephone call to let them know if you are going to be able  to make the  run.\u00a0 If you cannot, then they need  enough time to locate  another driver to take your scheduled run.\u00a0 So, taking a minute or less  to call the motor  carrier would not interrupt your ability to obtain  the required rest.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">CONFLICTING SIGNALS AT A SCALE<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> If an approaching scale has signs  indicating  that it is closed but my in-cab PrePass\u00ae unit provides a red stop   signal anyway, should I stop at the scale or just drive on by?\u00a0 Thanks \u2013  Monty in Ohio<\/p>\n<p><strong>A: Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SergeantBrokaw.html\">Jim Brokaw<\/a>, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: <\/strong>The   instructions for PrePass\u00ae say you are to follow the in-cab indication  from your  transponder, however, remember it is a system to legally  bypass an open  scale.\u00a0 If the highway signs are  indicating the scale  is closed, there isn\u2019t a legal requirement for anyone to  stop, so any  indication from your transponder at this point is irrelevant.\u00a0 What  probably happened is that when the officers  closed their scale, they  forgot to switch their PrePass\u00ae system to closed.\u00a0 You can find more  information about PrePass\u00ae  on their website at <a href=\"http:\/\/www.prepass.com\/\">www.prepass.com<\/a>.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">BEHIND THE WHEEL WITH A PERMIT<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> My CDL was suspended for three  years because of a  speeding ticket that I did not pay.\u00a0 I had to take all of the tests  (both written  and driving) all over again.\u00a0 I now have  my CDL permit.\u00a0  Should my instructor (a  CDL driver) log this as \u201con-duty not driving\u201d  or can he log in the  sleeper?\u00a0 Thank you \u2013 Jerry in California<\/p>\n<p><strong>A: Provided  by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SgtPeteCamm.html\">Sgt. Pete Camm<\/a>, California Highway Patrol, Commercial Vehicle Section, Sacramento,  CA:<\/strong> Your  instructor (a licensed CDL driver) must be in the \u201cjump seat\u201d at  all times when  you are behind the wheel.\u00a0 Also, a person  possessing an  Instruction Permit for a CDL would be required to log \u201con-duty \u2013  not  driving\u201d when performing any work for the motor carrier (such as doing a   pre-trip inspection, etc.) or when sitting in the jump seat.\u00a0 You can  only log sleeper berth time when you  are actually in the sleeper.<\/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.\u00a0  Founded in 1986,  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.\u00a0 \u201cAsk  The  Law\u201d is a registered trademark of Ol\u2019 Blue,   USA.\u00a0 This column is  copyrighted by Ol\u2019 Blue, USA. <strong> <span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.\u00a0 These interpretations were made on 01\/12\/11.<\/span><\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about Scales, Spread-Axle Trailers, CDL Permits &amp; More Answered by Law Enforcement Officials (as of February 2011) Warning: Laws are subject to change without notice. These interpretations were made on January 12, 2011 Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org SPREAD AXLE LAWS<\/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-230","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\/230","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=230"}],"version-history":[{"count":5,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/230\/revisions"}],"predecessor-version":[{"id":918,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/230\/revisions\/918"}],"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=230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=230"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}