Logging Question - "Rollback Hours"? - Truckers' Trucking Forum | Message Board

Justlivin · **^ Top** #1 10.14.2006

I was just wondering how legal this is. I was told that you can log yourself as off duty if you are not driving with a load and are on your way home. Is this actually legal? I have heard of this several times, and I heard it in different ways. Another way I heard it was that is was legal as long as you were bobtailing home. I will be heading out otr soon, and want to be able to log everything legally. Thanks for any information in advance. I look forward to sharing the roads with you all out there. It will be a lot different doing interstate work, rather than intrastate.

Burky · **^ Top** #2 10.14.2006

Technically, yes. If you are not under load or dispatch, then you can log yourself off duty and are driving the truck while you are off duty. Just beware that this is kind of a gray area in the rules. If I leave the trailer at the terminal 45 minutes away and drive home, I probably won't ever have to worry about it. But if I dropped the trailer and then tried driving 3-4 hours home, then the DOT would probably take a much harsher view of it. The rule is designed to let you drive home, or go and eat when your only wheels are the truck. But it isn't intended as a way to completely skirt the logging rules. Discretion is advised.

Justlivin · **^ Top** #3 10.14.2006

Thanks for the info Burky. I can see how it is a gray area. So, if I'm ever in that situation, I'll just limit it to very short periods of time. I'm also glad you mentioned truck only. I was told that you could still pull your trailer, but it had to be empty.

Burky · **^ Top** #4 10.14.2006

You can pull an empty trailer as well. In certain cases, even a loaded one. Say you reach a receiver at 6 pm and they won't take the load until morning, and have no solid place to drop the wagon. You can drive out to the local restaurant and not be in violation, as long as you don't suddenly feel that you need to drive 3 hours to go eat. It's an area for common sense and a judgement call. I don't use the provision often, but it is out there if needed.

Rook · **^ Top** #5 10.14.2006

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link. of this subchapter when directed by a motor carrier.
(

Performing any other work in the capacity, employ, or service of a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.

Rook · **^ Top** #6 10.14.2006

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

Rawlco · **^ Top** #7 10.14.2006

I don't have time to look up the exact line in the regulations, but I agree with Burky. If I get some time this evening I'll look up the exact wording.

TurboTrucker · **^ Top** #8 10.14.2006

Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest

earthbrown · **^ Top** #9 10.14.2006

Quote:

Originally Posted by TurboTrucker

Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest

So as long as it would meet the HOS requirements it is OK??

We are released from duty when we leave last delivery on the way home, I will log driving from reciever to a truckwash or to fill reefer for next load, but then log the rest of the way home off duty.

K

Rawlco · **^ Top** #10 10.14.2006

Quote:

I will log driving from reciever to a truckwash or to fill reefer for next load, but then log the rest of the way home off duty.

That is correct.

The next morning when you leave the house under dispatch you will need to log duty and driving time as you normally would.

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