{"id":4016,"date":"2013-11-01T18:30:16","date_gmt":"2013-11-01T22:30:16","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=4016"},"modified":"2013-11-02T12:41:09","modified_gmt":"2013-11-02T16:41:09","slug":"ask-the-law-november-2013","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2013\/11\/ask-the-law\/ask-the-law-november-2013\/","title":{"rendered":"Ask The Law &#8211; November 2013"},"content":{"rendered":"<h3>Questions about Diabetes, Haz-Mat Vehicles, Scale Signals &amp; More Answered by Law Enforcement Officials (as of November 2013)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<br \/>\nThese interpretations were made on Octovber, 14 2013.<\/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<h4>RULES FOR CMV DRIVERS WITH DIABETES<\/h4>\n<p><strong>Q:<\/strong> I drive local delivery, always within a 100-mile radius, and never work more than 12 hours. I have diabetes, which is controlled by diet and oral meds. At some point, I may need to go on insulin. What are the rules for drivers on insulin? Thanks \u2013 John 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> Section 391.41(b)(3) of the FMCSR\u2019s prohibits interstate operation of commercial vehicles by persons with an established medical history or clinical diagnosis of diabetes mellitus requiring insulin for control. Under certain conditions, a person may be exempted from this rule. A consultation with the Federal Motor Carrier Safety Administration will be required. Similarly, a person engaged in intrastate-only commerce may be granted an exemption by the state. Many factors will be considered, including a statement from your doctor indicating no severe hypoglycemic reactions resulting in loss of consciousness or impaired cognitive function occurred without warning in the past 12 months. Additionally, no recurrent (two or more) severe hypoglycemic episodes have occurred in the last five years. Based on all the information presented, a person may or may not be permitted to drive a commercial vehicle.<\/p>\n<h4>TRACKING DEVICES ON HAZ-MAT VEHICLES<\/h4>\n<p><strong>Q:<\/strong> Is there a requirement somewhere for Haz-Mat vehicles to have a tracking device on them? Thank you \u2013 Bill in Wisconsin<\/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> There is nothing in the DOT rules nor any other federal regulation that requires a motor carrier to install tracking devices on vehicles transporting Haz-Mat. It wouldn\u2019t be a bad idea for the motor carrier to have the ability to keep track of their vehicles, but only as long as the data is used by the motor carrier only and they wouldn\u2019t have to provide the data to a federal agency or their state partner. I remember one instance when I was working where I stopped a vehicle that was carrying explosives for a Level 1 Inspection. The driver informed me that he needed to send his carrier a Qualcomm message because if they saw the vehicle not moving for any length of time without notification, they would contact the state police in the state they were operating in.<\/p>\n<h4>LOGBOOK RULES FOR SHORT HAUL DRIVERS<\/h4>\n<p><strong>Q:<\/strong> I run for a sand and gravel company, hauling mainly around western Nevada and occasionally short runs into California (just fifty miles or so). I was told by someone that we have to fill out a logbook entry on days we cross over into California. Is this correct? Our company does not require this \u2013 we normally only fill out a logbook entry on days we work twelve hours or more, or run outside of our 100-mile radius. Thanks in advance \u2013 Ben in Nevada<\/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> You and the company are fulfilling hours of service requirements contained in federal and California regulations. There is no requirement to specifically maintain a logbook in order to cross a state line or national boundary (Canada or Mexico). In other words, the \u201cshort haul\u201d driver\u2019s exemption (395.1)(e) does not change when crossing an invisible state or federal boundary.<\/p>\n<h4>CONFLICTING SIGNALS AT A SCALE<\/h4>\n<p><strong>Q:<\/strong> If a scale has signs indicating it is closed but my in-cab PrePass unit provides a red stop signal anyway, should I stop at the scale or just drive on by? Thanks \u2013 Monty in Ohio<\/p>\n<p><strong>A: Provided by <a href=\"http:\/\/www.olblueusa.org\/askthelaw\/SergeantBrokaw.html\" target=\"_blank\">Jim Brokaw<\/a>, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: <\/strong>Although the instructions for PrePass\u00ae say you are to follow the in-cab indication from your transponder, remember it is a system to legally bypass an open scale. 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. What probably happened is that when the officers closed their scale, they forgot to switch their PrePass\u00ae system to closed. Find more specific information about PrePass\u00ae on their website at <a title=\"Prepass\" href=\"http:\/\/www.prepass.com\" target=\"_blank\">www.prepass.com<\/a>.<\/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 October 14, 2013.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about Diabetes, Haz-Mat Vehicles, Scale Signals &amp; More Answered by Law Enforcement Officials (as of November 2013) Warning: Laws are subject to change without notice. These interpretations were made on Octovber, 14 2013. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org RULES FOR CMV<\/p>\n","protected":false},"author":16,"featured_media":457,"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-4016","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\/4016","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=4016"}],"version-history":[{"count":3,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/4016\/revisions"}],"predecessor-version":[{"id":4052,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/4016\/revisions\/4052"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media\/457"}],"wp:attachment":[{"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/media?parent=4016"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=4016"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=4016"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}