Warning: Laws are subject to change without notice. Submit your questions to www.askthelaw.org<\/a><\/p>\n A WELL-DESERVED THANK YOU<\/strong><\/p>\n Q:<\/strong> I asked a question back in September 2012 regarding the personal use of a CMV. Ret. Trooper Monty Dial answered my question (see below). I just wanted to say that after showing the answer to several other drivers, I now know why so many get ticketed for personal use of a CMV \u2013 the officer has the final say, and it is not black and white. I just wanted to say \u201cthanks\u201d and I will stay with my instincts of not using my CMV for personal use unless I am operating it under legally-logged HOS rules. Thanks \u2013 Lyle in Wisconsin<\/p>\n A: (reprinted) Provided by Senior Trooper Monty Dial (Ret.)<\/a>, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX (as seen in the November 2012 edition of 10-4 Magazine):<\/strong> In the DOT regulations, there is an interpretation that has been issued dealing with use of a CMV for personal conveyance, but it is not found in the small pocket version of the regulations. You either have to have the big Management Edition, which has the interpretations printed in it, or you need to use a computer to access the FMCSA website (www.fmcsa.dot.gov<\/a>). The interpretation is found in Part 395.8, Question #26. In this interpretation it gives two examples on when a driver can use their vehicle for personal conveyance. The first example has to do with use while you are in route with a load (you drop the loaded trailer and then use the tractor to go shopping, to a movie, to get something to eat, or go to a motel for rest). The second example deals with a driver dropping a trailer at a yard or terminal and using the tractor to drive home, then returning to the dropped trailer to start the next trip. Most Troopers\/Inspectors will question a driver extensively when the driver has a different starting point from their prior ending point when not operating as a team. So, when you use the vehicle to drive home from your last drop and then start your next trip from a different location, some Troopers\/Inspectors will cite you for having a false log.<\/p>\n PENALTIES FOR NOT UPDATING LOGS<\/strong><\/p>\n Q:<\/strong> How often does a logbook have to be updated? What are the penalties if a CDL driver is stopped and doesn\u2019t have a logbook? Thank you \u2013 John in New York<\/p>\n A: Provided by Jim Brokaw<\/a>, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: <\/strong> 49CFR395.8(f)(1) says: \u201cDrivers shall keep their record of duty status current to the time shown for the last change of duty status.\u201d 49CFR395.13 requires a driver failing to maintain a record of duty to be declared out of service. In addition to the out-of-service order, civil penalties may also be imposed by the FMCSA (Federal Motor Carrier Safety Administration) and you\u2019ll probably receive a ticket with fines being assessed by the state having jurisdiction. Typically, you don\u2019t lose your CDL for not having a logbook, but if you violate the out-of-service order for not having a logbook and are convicted of the charge, your CDL will be disqualified. Additional fines and civil penalties can also be assessed in addition to the disqualification. The Federal Safety Regulations place the responsibility for compliance equally on the driver and the motor carrier.<\/p>\n SLEEP APNEA TESTS FOR DRIVERS<\/strong><\/p>\n Q:<\/strong> Does a CMV driver have to have a Sleep Apnea test to be able to haul Hazmat? Thanks for your time \u2013 Jack in Kentucky<\/p>\n A: Provided by Sgt. Pete Camm (Ret.)<\/a>, California Highway Patrol, Sacramento, CA:<\/strong> Currently, there is no regulation or USDOT\/FMCSA policy requiring any driver to take a Sleep Apnea test at this time. However, the FMCSA is looking hard at sleep deprivation and Sleep Apnea. You can go to their website at www.fmcsa.dot.gov<\/a> and search for \u201cSleep Apnea\u201d to track FMCSA\u2019s progress.<\/p>\n
\nThese interpretations were made on February 14, 2013.<\/span><\/p>\nBrought to you as a public service by Ol\u2019 Blue, USA and 10-4.<\/h4>\n