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THETRUCKER.COM<br />
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The Trucker<br />
Nation February 15-28, 2019 • 7<br />
Seatbelts with lap and shoulder restraints should be worn with both parts to prevent ticket<br />
The Ask the Law program is an ongoing<br />
educational effort between Ol’ Blue, USA<br />
and commercial law enforcement agencies.<br />
The program’s purpose is to have truckers<br />
pose questions pertaining to commercial motor<br />
vehicle safety, rules and regulations to law<br />
enforcement officials. Submit questions to editor@thetrucker.com.<br />
Proper seatbelt usage<br />
Q. I went through a roadside inspection<br />
and I was given a warning for improper use<br />
of seatbelt. What is the right way to wear a<br />
seatbelt? James in Texas<br />
A. Part 392.16 requires the driver to be<br />
properly restrained by the seatbelt assembly. If<br />
the CMV is equipped with a three-point system<br />
(lap and shoulder), it must be properly<br />
worn across the lap and shoulder. If the CMV<br />
is equipped with just a lap system, it must be<br />
properly worn across the lap.<br />
Answer provided by retired Sr. Trooper<br />
Monty Dial, Texas Department of Public Safety<br />
Commercial Vehicle Enforcement.<br />
Carrying a pistol<br />
Q. Are there any restrictions or prohibitions<br />
about having a pistol in a CMV? Walking<br />
Eagle in New Mexico.<br />
A. FMCSA does not address any regulations<br />
about a driver having a pistol in a CMV.<br />
However, for a driver to legally carry a pistol<br />
in their CMV, they must a have concealed<br />
handgun license/permit. They must also be<br />
in a state that has reciprocity with their home<br />
state. If you travel into a state that does not<br />
have reciprocity, the driver needs to stop before<br />
entering the state and unload and properly store<br />
the pistol out of the driver’s immediate reach.<br />
Answer provided by retired Sr. Trooper<br />
Monty Dial, Texas Department of Public Safety<br />
Commercial Vehicle Enforcement.<br />
Chain requirements<br />
Q. In what states must chains be used?<br />
Tread in Nebraska.<br />
A. Find all this great information from the<br />
following website: www.tirechainsrus.com.<br />
Answer provided by Trooper Brent Hoover,<br />
Indiana State Police.<br />
Ask the Law<br />
Personal conveyance<br />
Q. If I off-load my load and am two hours<br />
from home, may I use personal conveyance<br />
to drive home? Paul in Arizona.<br />
According to the FMCSA personal conveyance<br />
guidance, the answer is as follows: May a<br />
driver, who drops his/her last load at a receiver’s<br />
facility use personal conveyance to return to their<br />
normal work location (i.e. home or terminal)?<br />
Guidance: No. Returning home or to the terminal<br />
from a dispatched trip is a continuation of the trip,<br />
and therefore cannot be considered personal conveyance.<br />
Answer provided by Trooper Brent Hoover, Indiana<br />
State Police.<br />
Warning: The information contained within<br />
this column is provided for educational and informational<br />
purposes only and should not be construed<br />
as legal advice. The content contains general<br />
information and is not intended to, and should<br />
not be relied upon or construed, as a legal opinion<br />
or legal advice regarding any specific issue.<br />
Be aware that the material in the column may<br />
Defending truckers’ rights, providing<br />
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for 45 years<br />
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not reflect current legal developments or information,<br />
as laws and regulations are subject to change<br />
at any time without notice. Always check with the<br />
most recent statutes, rules and regulations to see<br />
what, if any, changes have been made.<br />
Ol’ Blue, USA is a nonprofit organization dedicated<br />
to highway safety education and to improving<br />
relations among the motoring public, law enforcement<br />
and commercial drivers.<br />
Ask the Law is a registered trademark of Ol’<br />
Blue, USA. This column is copyrighted by Ol’<br />
Blue, USA.<br />
Ask the Law is brought to you as a public<br />
service by Ol’ Blue, USA and The Trucker. 8