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Thread: 10 hour break?
- 08.07.2012 #11
- 08.07.2012 #12Medium Load Member
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They don't need burden of proof, they can put you OOS any time they want, for no reason at all, and there's nothing you can do about it. All they have to do is look for a loose nut, or a small crack in the windshield, anything at all. They can say your air hookups are too rusted, etc etc etc.
- 08.07.2012 #13Medium Load Member
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You ever read the Constitution of the United States? Try the 4th 5th and 6th amendments to the Constution.
- 08.07.2012 #14Light Load Member
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what is this "constitution" you speak of?
- 08.07.2012 #15
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- 08.08.2012 #16Medium Load Member
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Oh, I'm sure you can go to court over it, but they know you're not going to, there's no point in fighting it. Will just cost you a bunch of money, but meanwhile, you're still OOS for that day.
- 08.08.2012 #17Road Train Member
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Officer: I need to see your motel receipt.
Me: ain't got one, slept in the passenger seat.
Officer: oh, alright.
I've logged off duty for a full 10 hours before, had a sleeper but no one ever asked me where I was, not even my company when they reviewed my logs.
Off duty means off duty. Sure the dot man can try what they will, but you could been off duty at a friends house, would they need to write you a doctors note saying you were there that night? Lol
Ethan
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- 08.16.2012 #18Light Load Member
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Haha! That's funny! It says we have to be "On-Duty" any time we're at a shipper, or waiting to be dispatched... Nothing would ever move anywhere if we all did that! I know I would quit driving immediately if all that unpaid clock time disappeared (barely making enough to justify being out here as it is); and I've sat longer than 14 hours waiting for a load, or to deliver a load... What then? They have no clue what it means to be out here. I wish they would get a clue or get out of the way!! Of course that's not gonna happen.
- 08.16.2012 #19Heavy Load Member
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Let's be clear, however. If you log as being in a sleeper berth, and there isn't one. You are in violation. So you'll need to be on line 1 Off-Duty.
For you to be able to log Sleeper Berth you must have a sleeper berth that complies with regulations defined by:
If it doesn't meet this requirement, it doesn't count.
In the Hours of Service section the Scope of Rules section there is a direct question of whether someone can use something that is being towed as a cargo as a sleeper berth, and the answer is no.
---InterpretationsHours of service of drivers
§395.1 Scope of rules in this part.
Question 24: May time spent in sleeping facilities being transported as cargo (e.g., boats, campers, travel trailers) be recorded as sleeper berth time?
Guidance: No, it cannot be recorded as sleeper berth time.
- 08.16.2012 #20
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