Ask The Law™ - November 2006

Questions on Logging Hot Shot Loads, Carrying
a Gun in a CMV & Placards Answered by
Law Enforcement Officials (as of November 2006)

Brought to you as a public service by Alcoa Wheel Products, Ol’ Blue USA & 10-4. Submit your questions to www.askthelaw.org

LOGGING HOS WITH A HOT SHOT
Q: I was told by two Tennessee DOT officers that with my vehicle that is rated to haul no more than 26,001 pounds, after I deliver my load and take off my signs, I don’t have to log because the truck reverts back to a private vehicle when not loaded for hire. Is this true? If so, where can I find the law? – Charles, Tennessee

A: (from Sgt. Jim Brokaw, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska) That may be true under Tennessee law for an intrastate driver of a non-CDL vehicle within their state, but I don’t know that to be a fact and we would need to check with the Tennessee authorities to be sure. However, under the federal regulations for interstate commerce, a driver operating a commercial motor vehicle (CMV over 10,000 lbs. gross weight or gross weight rating) remains subject to the regulations until completion of the move, which also includes the return portion of that trip. If I were you, as far as the regulations are concerned, I would consider everything to be a round trip, not one way. This means I have to log the entire trip, including the miles that I run empty.

CARRYING A GUN IN A CMV
Q: What is the proper way to transport a gun in your truck? Is it possible to obtain a permit to carry a gun for personal protection? Thank you – Michael, Kentucky

A: (from Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas) This is a very good question. Having heard from other truck drivers about all the obstacles and dangers ya’ll encounter, I too would be interested in carrying some type of legal means for defending myself while traveling the country. But, unfortunately, if everyone were allowed to carry a firearm, it would cause a big problem. There are those that would state that it is being done purely for safety and then there would be others on the other side that would say it is being done solely as a way to harass others. So like the old saying goes, a few bad apples spoils the barrel. So with that being said, there are only two ways to legally carry a firearm in a vehicle. One way is to have a Concealed Handgun Permit. This requires the person to obtain a Concealed Handgun Permit from their home state, if available. Then, you have to stay within states that offer reciprocity with your home state. If your home state does not have reciprocity with another state, then you are not authorized to carry a concealed handgun in that state. Next, you can carry a firearm under ATF rules as a traveler or sportsman. This method of carrying a firearm is to have the firearm unloaded and properly stored in one location with the ammunition stored in another container. The firearm cannot be stored loaded. These are the only two legal means for carrying a firearm in a vehicle.

PLACARDS ON A CMV
Q: I would like to know if there is a fine if a placard gets wet and blows off the trailer and then you go through a scale and an officer sees that one placard is missing. I can’t find information about this. Can you help? – Bruce, California

A: (from Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) If placards are required, you must have placards on all four sides of the vehicle or you will be in violation of the following section, regardless of weather conditions. Bail and fine information is available at individual courts, depending on where the violation occurred. Federal Motor Carrier Safety Regulations, Title 49 Part 172.504(a) says: “Except as otherwise provided in this subchapter, each bulk packaging, freight container, unit load device, transport vehicle or rail car containing any quantity of a hazardous material must be placarded on each side and each end with the type of placards specified in Tables 1 and 2 of this section and in accordance with other placarding requirements of this subpart, including the specifications for the placards named in the tables and described in detail in 172.519 through 172.560.”

~ The Ask The Law™ programs, which are provided as a public service by Alcoa Wheel Products™, are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. Founded in 1986, Ol’ 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. “Ask The Law” is a registered trademark of Ol’ Blue, USA. This column is copyrighted by Ol’ Blue, USA. Warning: Laws are subject to change without notice. These interpretations were made in October of 2006.