DOT INSP

yes -- bobtailing to the store and getting pulled in for a random can ruin a 34...

 

Yes. Of course, because you're a good, professional driver your log book will be up-to-date to your last change of duty status and will show you off-duty. When the officer looks at your logs and says, "whatup, driver?", you can say, "I am off-duty driving in compliance with 395.8, Guidance question 26." Will they do a full inspection (level 1)? Maybe... maybe not. Either way, everything should be alright.

I disagree; 395.2 defines "on-duty" as follows:

Assuming the driver is in compliance with 395.8 as mentioned above, and "is relieved from work and all responsibility for performing work," then, by definition, the driver is off-duty. I don't believe a driver can be forced to go on-duty. If you are legally parked and resting in your truck, you are not going to go on-duty to satisfy a request from an enforcement officer (at least, I wouldn't). If you are in the lounge at a truck stop and an enforcement officer walks in and says "is the driver of (truck name/number) here? I want to do an inspection," I can imagine the response they'll get. This isn't any different, except for the driving. However, it is off-duty driving.

Being inspected, is not the same as (doing) inspecting per (2) above. If the officer wants to inspect your paperwork and/or truck then he is welcome to. If he requires your assistance then I would politely inform them that you are off-duty and have no intention of going on-duty, but that you can provide some limited assistance (flash lights, etc.) so long as it is not defined as "performing any other work in the capacity, employ, or service of, a motor carrier."

 

Read #4 again.

You are in a commercial motor vehicle -- check
You are not driving -- check
You are not resting -- check
You are not in the sleeper -- check

... You are on duty...

 

Assuming the driver is in compliance with 395.8 as mentioned above, and "is relieved from work and all responsibility for performing work," then, by definition, the driver is off-duty. I don't believe a driver can be forced to go on-duty. If you are legally parked and resting in your truck, you are not going to go on-duty to satisfy a request from an enforcement officer (at least, I wouldn't).[/QUOTE]

So when a threat was made at a truckstop in SC and SWAT and Homeland Security swarmed the lot and ordered everyone to leave immediately, would you leave or stay and stand your ground while "not going to satisfy a request from a law enforcement officer" because you were awakened in the sleeper???

 

LOL, you could just keep saying your off duty when the cop starts asking for your permit book and license and tell us how that went.

 

Only one thing to do in this situation...call the local branch of the US Marshalls.

 

You are relieved from work and all responsibility for performing work -- check
You are in compliance with 395.8, Guidance #26, off-duty driving -- check

...You are off-duty...

 

No one said to not let an enforcement officer have your license and/or other requested paperwork. I just wouldn't log any of it as on-duty... same as you would do if you were stopped in your personal vehicle going to the grocery store or restaurant.

 

The old myth "Call the US Marshall" Anyone ever tell you they called a US Marshall because they had a problem with state or local cops and they came out is lying.
I had a friend who was a US Marshall and he told me they do get calls from truckers once in a while and they tell the drivers they can do nothing, The US Marshalls are dispatched or directed by the US Attorney Generals office . \
As far as a DOT inspection while bobtailing off duty for personal use or even being woke up while off duty there is nothing in the regs or enforcement policies that forbid it,, Even while using a tractor for personal use the truck because it is a registered commercial vehicle can be stopped and inspected, not ifthe vehicle is also tagged and registered as a private coach or RV then the USDOT number and company name as well as the IRP tags must be covered up..Some states do require any vehicle over 10,000 lbs to stop at scales.
Here is the bottom line,,no matter if it is fair or not or legal you most likely will have to tell it to the judge .It is a matterof how much justice you can afford..Keep you truck in good order,,follow traffic laws and keep you log book currant..Might ever be wise if you drive a company truck to have a letter from you company that authorizes you to use drive the truck for personal conveyance .
No one every promised you that things that happen in trucking would always be fair, make any since or be right.. "the joys of trucking"