{"id":4226,"date":"2014-01-01T13:20:46","date_gmt":"2014-01-01T18:20:46","guid":{"rendered":"http:\/\/www.tenfourmagazine.com\/?p=4226"},"modified":"2014-01-01T13:20:46","modified_gmt":"2014-01-01T18:20:46","slug":"ask-the-law-january-2014","status":"publish","type":"post","link":"https:\/\/www.tenfourmagazine.com\/content\/2014\/01\/ask-the-law\/ask-the-law-january-2014\/","title":{"rendered":"Ask The Law &#8211; January 2014"},"content":{"rendered":"<h3>Questions about Having Two Logbooks, Drinking Alcohol &amp; More Answered by Law Enforcement Officials (as of January 2014)<\/h3>\n<p><span style=\"color: #ff0000;\">Warning: Laws are subject to change without notice.<br \/>\nThese interpretations were made on December 11, 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<p><b>DRIVER USING TWO LOGBOOKS AT ONCE<\/b><\/p>\n<p><b>Q:<\/b> As a driver, can my company require me to run two logs at once?\u00a0 Thank you \u2013 Jose in California<\/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> Only if both logs are filled out exactly the same and the information is correct.\u00a0 If both logs aren\u2019t the same and the log entries are for the same days or same trip, then you\u2019re looking at a violation of possessing a false log.\u00a0 A driver presenting a false log is subject to being cited under 34506(a) VC, 13 California Code of Regulations, 1213(f) or under the federal regulations (395.8(e) CFR) and placed out-of-service (red-lined).<\/p>\n<p><b>STAYING ON-DUTY AFTER 70 HOURS<\/b><\/p>\n<p><b>Q:<\/b> Can I stay \u201con-duty not driving\u201d after my 70 hours?\u00a0 Thank you in advance \u2013 Bill in Wisconsin<\/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>Yes, you can stay \u201con-duty not driving\u201d after your 70th hour.\u00a0 49 CFR Part 395 restricts your availability to drive, not the number of hours you may work.\u00a0 The key word in 49 CFR 395.3(a) is \u201cdrive\u201d where the regulation states: \u201c&#8230;no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle&#8230;\u201d\u00a0 It goes on to state the three hours-of-service rules.\u00a0 Just remember, the longer you stay on-duty the later it will be before you\u2019ll have hours available to drive again.<\/p>\n<p><strong>USING THE RIGHT HOURS-OF-SERVICE RULES<\/strong><\/p>\n<p><b>Q:<\/b> Which interpretation of the hours-of-service rules should I be following if I pick up freight at a warehouse in Ontario, CA and deliver it to an export company in Los Angeles, CA but it has an out-of-state or out-of-country destination?\u00a0 Is this considered to be intrastate transportation?\u00a0 Thank you \u2013 Craig in California<\/p>\n<p><b><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><\/b> Section 390.5 of the Federal Motor Carrier Safety Regulations defines interstate commerce.\u00a0 Interstate commerce means trade, traffic, or transportation in the United States between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.\u00a0 The transportation you described in your question meets the definition of interstate commerce, not intrastate commerce.\u00a0 Consequently, interstate driver hours-of-service rules apply to your example.\u00a0 During an on-road inspection, an inspector will examine the paperwork relating to the load.\u00a0 This way, a determination can be made whether the load is interstate or intrastate.\u00a0 Once determined, the proper driver hours-of-service rules can be applied.<\/p>\n<p><b>DRINKING A BEER BEFORE DRIVING<\/b><\/p>\n<p><b>Q:<\/b> I\u2019ve heard from other drivers that the blood alcohol concentration was changed from .04 to .00 for CDL drivers both in the CMV and also in private non-CDL vehicles.\u00a0 Is it true that we can\u2019t even have one beer and drive any vehicle?\u00a0 Thank you \u2013 Tom 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>\u00a0DOT regulations apply to drivers operating commercial motor vehicles (see definition in Part 390.5) that are subject to DOT regulations.\u00a0 If you are operating a motor vehicle that is not subject to DOT regulations, then the DOT regulations are not applicable.\u00a0 Part 382.201 states that a driver cannot report for duty (nor can a motor carrier use a driver) who has a BAC of 0.04 or more.\u00a0 Part 383.51 states that a driver can have their CDL suspended for one year if their BAC is .04 or more.\u00a0 Under CVSA Out-of-Service Criteria, a driver is to be placed out-of-service for 24 hours if the driver has a detectable amount of alcohol.\u00a0 So, if you are stopped roadside operating a CMV and alcohol is detected, you are out-of-service for 24 hours.\u00a0 If you are requested to provide a breath test and you refuse or the alcohol concentration is .04 or more, your CDL is suspended for one year.\u00a0 If you are operating your personal vehicle and stopped for a DWI or DUI, your alcohol concentration must be .08 or more.<\/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 December 11, 2013.<\/strong><\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Questions about Having Two Logbooks, Drinking Alcohol &amp; More Answered by Law Enforcement Officials (as of January 2014) Warning: Laws are subject to change without notice. These interpretations were made on December 11, 2013. Brought to you as a public service by Ol\u2019 Blue, USA and 10-4. Submit your questions to www.askthelaw.org DRIVER USING TWO<\/p>\n","protected":false},"author":16,"featured_media":456,"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-4226","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\/4226","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=4226"}],"version-history":[{"count":3,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/4226\/revisions"}],"predecessor-version":[{"id":4248,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/posts\/4226\/revisions\/4248"}],"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=4226"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/categories?post=4226"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tenfourmagazine.com\/content\/wp-json\/wp\/v2\/tags?post=4226"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}