CAP Talk

Operations => Emergency Services & Operations => Topic started by: Holding Pattern on April 25, 2018, 05:54:10 PM

Title: What states require fire extinguishers in CAP vans?
Post by: Holding Pattern on April 25, 2018, 05:54:10 PM
In one of my more extreme cases of insomnia, I read the SUI KB documents.

2 things caught my eye:
1. Discrepancy is spelled wrong repeatedly in the KB.
2. I don't know how to check my state laws for the following issue (part c):

(https://i.imgur.com/8soSNsu.png)
Title: Re: What states require fire extinguishers in CAP vans?
Post by: THRAWN on April 25, 2018, 06:05:51 PM
Quote from: Holding Pattern on April 25, 2018, 05:54:10 PM
In one of my more extreme cases of insomnia, I read the SUI KB documents.

2 things caught my eye:
1. Discrepancy is spelled wrong repeatedly in the KB.
2. I don't know how to check my state laws for the following issue (part c):

(https://i.imgur.com/8soSNsu.png)

Call the DMV.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Holding Pattern on April 25, 2018, 06:07:03 PM
Sadly, calling the DMV means that some random person will give me advice that may or may not be accurate. I'd prefer to know the correct method of researching the state laws.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: THRAWN on April 25, 2018, 06:11:35 PM
Quote from: Holding Pattern on April 25, 2018, 06:07:03 PM
Sadly, calling the DMV means that some random person will give me advice that may or may not be accurate. I'd prefer to know the correct method of researching the state laws.

So call a cop, a fire marshal, any representative of the state. Want to research state laws? They're all online. Identify your state motor vehicle laws and open the book.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Holding Pattern on April 25, 2018, 06:13:31 PM
Quote from: THRAWN on April 25, 2018, 06:11:35 PM
Quote from: Holding Pattern on April 25, 2018, 06:07:03 PM
Sadly, calling the DMV means that some random person will give me advice that may or may not be accurate. I'd prefer to know the correct method of researching the state laws.

So call a cop, a fire marshal, any representative of the state. Want to research state laws? They're all online. Identify your state motor vehicle laws and open the book.

My initial searches through state law are giving me rules on logging trucks, dump trucks, assistance vans, and other various items... but if there is no law I'm going to have trouble finding a negative.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Spam on April 25, 2018, 06:17:38 PM

Suggest your friendly Wing Legal Officer would be the person to ask.

As lawyers presumably licensed in your state, they'd have the expertise to look it up, they may be happy to be contributing to the ES mission in a small but significant way, and this sort of thing is why they've stepped forward to help as legal officers.

R/s
Spam

Title: Re: What states require fire extinguishers in CAP vans?
Post by: THRAWN on April 25, 2018, 06:21:12 PM
Quote from: Spam on April 25, 2018, 06:17:38 PM

Suggest your friendly Wing Legal Officer would be the person to ask.

As lawyers presumably licensed in your state, they'd have the expertise to look it up, they may be happy to be contributing to the ES mission in a small but significant way, and this sort of thing is why they've stepped forward to help as legal officers.

R/s
Spam

Or the wing LG, or the wing Lo or whatever they are calling themselves this FY...
Title: Re: What states require fire extinguishers in CAP vans?
Post by: EMT-83 on April 25, 2018, 06:35:00 PM
Quote from: THRAWN on April 25, 2018, 06:21:12 PM
Suggest your friendly Wing Legal Officer would be the person to ask.
Or the wing LG, or the wing Lo or whatever they are calling themselves this FY...

That's crazy talk, with all the anonymous folks available right here on the interwebs.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: arajca on April 25, 2018, 06:42:38 PM
Quote from: THRAWN on April 25, 2018, 06:21:12 PM
Quote from: Spam on April 25, 2018, 06:17:38 PM

Suggest your friendly Wing Legal Officer would be the person to ask.

As lawyers presumably licensed in your state, they'd have the expertise to look it up, they may be happy to be contributing to the ES mission in a small but significant way, and this sort of thing is why they've stepped forward to help as legal officers.

R/s
Spam

Or the wing LG, or the wing Lo or whatever they are calling themselves this FY...
More correctly, your wing transportation officer.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Eclipse on April 25, 2018, 07:07:32 PM
Quote from: arajca on April 25, 2018, 06:42:38 PM
More correctly, your wing transportation officer.

+1 They are the one responsible for equipping the vehicles, not a local unit, and also for making the decision
regarding removing anything.

Moreover, whomever is the unit PIC, ought to already know that as a matter of course when they
do their portion of the SUI.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: etodd on April 27, 2018, 03:40:08 AM
What kind of paperwork is in your CAP van? What does the driver have to use?

In our Wing there is a book with checklists the driver uses everyday. From checking oil, tires and much more. Checkboxes for all required equipment.

Does your Wing do this? Is the fire extinguisher on the checklist? Whoever wrote the checklist and had it approved through Wing would have known, or should have. ;)

Title: Re: What states require fire extinguishers in CAP vans?
Post by: arajca on April 27, 2018, 03:49:30 PM
Quote from: etodd on April 27, 2018, 03:40:08 AM
What kind of paperwork is in your CAP van? What does the driver have to use?

In our Wing there is a book with checklists the driver uses everyday. From checking oil, tires and much more. Checkboxes for all required equipment.

Does your Wing do this? Is the fire extinguisher on the checklist? Whoever wrote the checklist and had it approved through Wing would have known, or should have. ;)
1. Registration, Ins, CAPF 73, Tax Exempt letter, maintenance records
2. CAPF 73. Hopefully the driver should never have to use the registration and insurance.
3. We use the CAPF 73, which is SUPPOSED to be filled out each time the vehicle is used.
4. Fire extinguisher is not.
5. We used to have a separate usage log that a long ago former wing transportation officer implemented. Its use became a matter of "we have to fill the form out because we have the form" despite the only use it had at wing was "Did the unit fill out the form". When I took over Logistics, the form went away.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Brad on April 28, 2018, 09:29:42 PM
Which state?
Title: Re: What states require fire extinguishers in CAP vans?
Post by: arajca on April 28, 2018, 11:34:08 PM
Quote from: Brad on April 28, 2018, 09:29:42 PM
Which state?
CO
Title: Re: What states require fire extinguishers in CAP vans?
Post by: etodd on April 28, 2018, 11:59:05 PM
Quote from: Holding Pattern on April 25, 2018, 05:54:10 PM

(https://i.imgur.com/8soSNsu.png)

Letter C in the Supplemental Box:  If its not required by state law then it MUST BE REMOVED????

Can anyone give me a good reason why Wing doesn't think having EXTRA safety gear is a good thing?

Why be minimalist?  Imagine a Cadet getting hurt in a van fire. The parents' lawyer discovers the van originally had a fire extinguisher, but the Wing demanded its removal.

Hmmmmm.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Eclipse on April 29, 2018, 12:52:22 AM
Fire extinguishers become projectiles when improperly mounted, need to be maintained which is not free,  and far too
often were / are found damaged rolling around on the floor in COVs.

Their value in a CAP context is also debatable in the same way as Nomex in COAs.

Bottom line they are a hassle, a frequent CI ding, and not worth the trouble.

Title: Re: What states require fire extinguishers in CAP vans?
Post by: OldGuy on April 29, 2018, 01:03:29 AM
Quote from: etodd on April 28, 2018, 11:59:05 PM
Quote from: Holding Pattern on April 25, 2018, 05:54:10 PM

(https://i.imgur.com/8soSNsu.png)

Letter C in the Supplemental Box:  If its not required by state law then it MUST BE REMOVED????

Can anyone give me a good reason why Wing doesn't think having EXTRA safety gear is a good thing?

Why be minimalist?  Imagine a Cadet getting hurt in a van fire. The parents' lawyer discovers the van originally had a fire extinguisher, but the Wing demanded its removal.

Hmmmmm.
Is that a local unit form to fill out or does Wing handle this? If local, why is the above comment regards Wing being responsible relevant? (Not yours - another poster?)
Title: Re: What states require fire extinguishers in CAP vans?
Post by: etodd on April 29, 2018, 01:07:14 AM
Quote from: Eclipse on April 29, 2018, 12:52:22 AM
Fire extinguishers become projectiles when improperly mounted, need to be maintained which is not free,  and far too
often were / are found damaged rolling around on the floor in COVs.

Their value in a CAP context is also debatable in the same way as Nomex in COAs.

Bottom line they are a hassle, a frequent CI ding, and not worth the trouble.

So in my lawsuit example above, you are saying the CAP/AF lawyers would say the fire extinguisher was a hassle and not worth the trouble?  >:D

No need to reply. I understand and agree. I just think its funny. I've been involved in thousands of hours of legal depositions and have seen/heard it all.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: OldGuy on April 29, 2018, 01:22:52 AM
Quote from: etodd on April 29, 2018, 01:07:14 AM
Quote from: Eclipse on April 29, 2018, 12:52:22 AM
Fire extinguishers become projectiles when improperly mounted, need to be maintained which is not free,  and far too
often were / are found damaged rolling around on the floor in COVs.

Their value in a CAP context is also debatable in the same way as Nomex in COAs.

Bottom line they are a hassle, a frequent CI ding, and not worth the trouble.

So in my lawsuit example above, you are saying the CAP/AF lawyers would say the fire extinguisher was a hassle and not worth the trouble?  >:D

No need to reply. I understand and agree. I just think its funny. I've been involved in thousands of hours of legal depositions and have seen/heard it all.

See https://www.responsibleag.org/compliance-assistance-library/Fire_Extinguishers,_Commercial_Motor_Vehicles-20140922.pdf

Think what an attorney might do with that?
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Eclipse on April 29, 2018, 02:40:58 AM
?

COVs aren't commercial carriers, don't transport haz mat, nor "power units".
Title: Re: What states require fire extinguishers in CAP vans?
Post by: OldGuy on April 29, 2018, 04:20:46 AM
Quote from: Eclipse on April 29, 2018, 02:40:58 AM
?

COVs aren't commercial carriers, don't transport haz mat, nor "power units".
Really? We are not "compensated" by the USAF? Ever?

Have you ever been sued?
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Mitchell 1969 on April 29, 2018, 07:38:48 AM
Quote from: OldGuy on April 29, 2018, 04:20:46 AM
Quote from: Eclipse on April 29, 2018, 02:40:58 AM
?

COVs aren't commercial carriers, don't transport haz mat, nor "power units".
Really? We are not "compensated" by the USAF? Ever?

Have you ever been sued?

Individuals receiving government compensation does not turn the COVs into commercial vehicles.


Sent from my iPhone using Tapatalk
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Eclipse on April 29, 2018, 11:03:22 AM
Quote from: OldGuy on April 29, 2018, 04:20:46 AM
Quote from: Eclipse on April 29, 2018, 02:40:58 AM
?

COVs aren't commercial carriers, don't transport haz mat, nor "power units".
Really? We are not "compensated" by the USAF? Ever?

CAP is not "compensated" it is "reimbursed" - huge difference.  Even the limited times
members get per diem it's not "compensation".

This sort of "Think of the lawyers" alarmism is what keeps a lot of members from doing things
that are re
Title: Re: What states require fire extinguishers in CAP vans?
Post by: lordmonar on April 29, 2018, 04:38:36 PM
Quote from: Holding Pattern on April 25, 2018, 05:54:10 PM
In one of my more extreme cases of insomnia, I read the SUI KB documents.

2 things caught my eye:
1. Discrepancy is spelled wrong repeatedly in the KB.
2. I don't know how to check my state laws for the following issue (part c):

(https://i.imgur.com/8soSNsu.png)
Call you wing Vehicle Officer.   Since he is probably the one going to review that portion of the SUI.....he can tell you exactly what you need.
Title: Re: What states require fire extinguishers in CAP vans?
Post by: Brad on April 30, 2018, 07:42:53 AM
From the Colorado State Patrol:

QuoteCMV (Commercial Motor Vehicle) any self-propelled or towed vehicle bearing an apportioned plate or having a Gross
Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) of 10,001 pounds or more, which is
used in commerce on a public highway, or of any weight which used to:
*Transport 9 or more people for compensation or
*Is designed to transport 16 or more people regardless of compensation or
*A placadable amount of hazmat or
*Is designed or equipped to transport other vehicles via cables or winches 49 CFR 390.5, CRS 42-4-235

QuoteEMERGENCY EQUIPMENT:
49 CFR 393.95 requires a CMV to have a fire extinguisher with at least a 5 B:C rating and either three bidirectional
reflective triangles or six road flares.

https://www.colorado.gov/pacific/sites/default/files/Small%20truck%20and%20Combination%20Web.pdf

Now, I am not a lawyer, however looking at the information provided and applying some common sense, as previously established CAP is not operating CMVs for compensation/hire, otherwise we'd all have to get CDLs to drive them. Our vans also no longer carry 16+ people, so by Colorado's definition CAP vans are not CMVs, and I can find no further reference to fire extinguishers and vehicles in Colorado statutes.