{"id":2566,"date":"2012-09-01T11:04:54","date_gmt":"2012-09-01T15:04:54","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=2566"},"modified":"2012-09-01T12:57:16","modified_gmt":"2012-09-01T16:57:16","slug":"atl-september-2012","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2012\/09\/ask-the-law\/atl-september-2012\/","title":{"rendered":"ATL &#8211; September 2012"},"content":{"rendered":"<h3>Questions about California\u2019s CDL Point System, Drivers on Insulin &amp; More Answered by Law Enforcement Officials (as of September 2012)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<br \/>\nThese interpretations were made on August 11, 2012.<\/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;\">CALIFORNIA<\/span><\/strong><strong><span style=\"text-decoration: underline;\">\u2019S CDL POINT SYSTEM<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> I would like to know how the California CDL point system works?\u00a0 Thank you \u2013 Garcia in California<\/p>\n<p><strong>A: 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, moving violations can result in \u201cpoints\u201d on your driving record upon conviction in a court of law.\u00a0 Points are assessed regardless of whether the violation occurred in a personal vehicle or a commercial motor vehicle.\u00a0 Unlike non-CDL holders, CDL holders are not able to \u201cmask\u201d points by attending traffic school.\u00a0 In California, a moving violation will add an additional one and a half points to the CDL record.\u00a0 When a record reaches six points in a twelve month period, the California Department of Motor Vehicles can suspend or revoke an operator\u2019s driving privilege.\u00a0 Points from a violation will drop off three years after a conviction.\u00a0 Other states may have similar sanctions and should be checked for more information.\u00a0 To avoid points, practice safe driving habits and obey all rules of the road.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">INSULIN-DEPENDENT CMV DRIVER<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> I recently retired from trucking, but I am thinking about purchasing a straight truck (under 26,000 pounds).\u00a0 It is my understanding that no CDL is required unless it has air brakes or I am transporting hazardous materials.\u00a0 My wife is insulin dependent.\u00a0 Could she join me as a co-driver since there is no CDL requirement, or is there still a DOT physical requirement?\u00a0 Thanks in advance \u2013 Monty in Ohio<\/p>\n<p><strong>A: Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SgtPeteCamm.html\" target=\"_blank\">Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA:<\/strong> Welcome to retirement and part time work!\u00a0 Federal law requires anyone operating a commercial motor vehicle (CMV) in interstate commerce to possess a medical certificate.\u00a0 Commercial Driver License (CDL) requirements contained in Title 49, Code of Federal Regulations (49 CFR), 383 do not cover medical requirements.\u00a0 FMCSA utilizes the definition of CMV contained in 49 CFR, 390.5 for medical card requirements.\u00a0 Therefore, if you are operating a CMV with a gross vehicle weight rating (GVWR) or a combination with a Gross Combination Weight Rating (GCWR) of 10,001 pounds or more, you are required to possess a medical certificate as stated in 49 CFR 391.11(b)(4).\u00a0 You would have to operate the 26,000 GVWR straight truck in intrastate commerce to avoid medical certificate requirements, including not being required to possess specified endorsements.\u00a0 Additionally, there is no such animal as an \u201cair brake\u201d endorsement, only \u201cair brake\u201d restrictions, usually administered when a person fails the air brake portion of the written test or the drive test is taken with a vehicle that does not have air brakes.<\/p>\n<p><strong><span style=\"text-decoration: underline;\">RECAPPING YOUR HOURS IN LOGBOOK<\/span><\/strong><\/p>\n<p><strong>Q:<\/strong> Several of our drivers have been cited by the DOT in spot checks for not having a recap.\u00a0 When asked to show our drivers the rule, the officers can\u2019t find it because it doesn\u2019t exist.\u00a0 Can you help clarify this for us?\u00a0 Also, will these citations go on our DAK report?\u00a0 Thank you in advance \u2013 Richard in Pennsylvania<\/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>FMCSA from time to time will remove items from DOT regulations, and when doing this, sometimes they issue an interpretation providing guidance on how to interpret the item removed.\u00a0 Such is the interpretation issued dealing with the recap, which is no longer required.\u00a0 You have Troopers\/Inspectors that are working today that still remember when the recap was one of the items required to be on the Driver\u2019s Daily Log.\u00a0 So, to clear up the confusion, since that requirement is no longer found in Part 395.8(d), FMCSA issued an interpretation indicating that the recap was no longer required.\u00a0 As for a roadside inspection showing up on a driver\u2019s DAK Report, the data found on the DAK Report is data submitted by the driver\u2019s employer or former employer.\u00a0 FMCSA does not provide or share data to DAK.\u00a0 FMCSA does provide roadside inspection data to a third party vendor who prepares the driver\u2019s Pre-Employment Screening Program (PSP) which can be obtained by a driver\u2019s future employer if the driver signs a release allowing them to obtain the information.\u00a0 In other words, FMCSA has nothing to do with a DAK Report.<\/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 August 11, 2012.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about California\u2019s CDL Point System, Drivers on Insulin &amp; More Answered by Law Enforcement Officials (as of September 2012) Warning: Laws are subject to change without notice. These interpretations were made on August 11, 2012. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org CALIFORNIA\u2019S<\/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-2566","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\/2566","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=2566"}],"version-history":[{"count":7,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/2566\/revisions"}],"predecessor-version":[{"id":2600,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/2566\/revisions\/2600"}],"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=2566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=2566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=2566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}