Logging "Off Duty, Driving"

Discussion in 'Trucking Industry Regulations' started by Working Class Patriot, May 19, 2009.

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  1. Working Class Patriot

    Working Class Patriot Road Train Member

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    Ok, I know that if one is "off duty" as in a 34 hour reset, you can drive as long as you go bob-tail and log it "Off Duty, Driving"....
    What about in this case:
    I got up and did a pre-trip and went to take off when I found my tranny was stuck in high range. I called for a roadside repair but none were available.
    So I got permission from the CO State Policed to leave an unattended trailer at the rest area and then limped an hour away to a shop and got it repaired.

    I logged the driving time as "off duty driving" and the time hanging around the shop's lounge as "Off Duty Not Driving". Then drove back to the rest stop as "Off Duty, Driving"...

    I checked on FMCSA's website but there was no guidance for such as situation. "On duty" means that one has no freedom of movement from the rig whereas "Off duty" means that you are free to go anywhere which I had.

    Also I only counted the pre trip and post trip time as "on duty", do you just count the "On Duty" by itself or, do you include the time "off duty" as part of the total with the "On duty" time?

    So does anyone know if what I logged was correct or not?
     
  2. msmspilot

    msmspilot Light Load Member

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    First, I'm not yet an expert in logging for trucking. Flying, sure, but driving, I'm still learning :biggrin_25525:

    Anyway, my first comment would be that in the regs there is a sample log page and there is no "Off-duty, driving" line. So I'm not sure how you logged that.

    Second, I see a couple of sides of this argument. Moving the truck bobtail, just to run an errand, while not under dispatch, is definitely off-duty. According to my instructors and the opinions I have read, although I can't find a regulation for it. The regulations define driving as the time spent at the controls of a CMV, and the opinion is that while not under dispatch, a bobtail is considered to not be a CMV, sort of. I wish I could reference that. It irritates me that I can't.

    It gets a little stickier since you're under dispatch, and it gets really sticky since you are moving the truck to have it repaired. 395.2 defines "on-duty" as, in part, "All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial vehicle." I would take that part of the definition to mean that you should have logged it as on duty.

    In your case, I'd probably log the pretrip as on-duty, not driving; the driving to the shop and back as on-duty, driving; and the time at the shop as off-duty (unless you're helping with the repairs. I personally would be not).

    The opinion is worth what you paid for it :)
     
  3. RickG

    RickG Road Train Member

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    You are correct . There is a guidance question that has been posted (sorry time doesn't permit me to find it ) that says unladen vehicles may be driven a reasonable distance for food or lodging . Bobtailing home can also be logged off duty . You are also correct this is simply logged "off duty " ,not driving off duty . This does contradict the definition of on duty time behind the wheel as you stated . Taking a truck to be repaired is definately on duty . Leaving the shop while the truck is being repaired and coming back later could be logged as off duty .
     
  4. RickG

    RickG Road Train Member

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    Now this is interesting . Not what I was looking for but news to me .
    http://www.fmcsa.dot.gov/rules-regu...r/fmcsrruletext.asp?chunkKey=090163348002327b
     
  5. psanderson

    psanderson Road Train Member

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    TITLE 49
    TRANSPORTATION CHAPTER III
    FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
    DEPARTMENT OF TRANSPORTATION
    PART 395
    HOURS OF SERVICE OF DRIVERS
    Table of Contents
    Sec. 395.2 Definitions

    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 part 382 of this subchapter when directed by a motor carrier; (8) 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.
     
  6. Working Class Patriot

    Working Class Patriot Road Train Member

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    Although there is no Line for "Off Duty, Driving" or a line for "Off Duty, Not Driving" both can be done by using line one and "flagging" either. The reason why I asked this is because I have asked about the "Off Duty, Driving" before in regards to say going to the truck wash or the shop "dead-heading. the Officer I asked said as long as I had the trailer, I must log it as duty time. You can drop your trailer say at a rest stop or truck stop (with permission of course) and drive into town say to do shopping or go out to dinner and log it on Line 1 and flag it as "Off Duty, Driving" according to the officer.

    I just was not sure about what to do in regards to what happened yesterday. psanderson's comment though does show guidance in that situation and I appreciate him for finding that part in the reg to clear it up for us.
     
  7. Working Class Patriot

    Working Class Patriot Road Train Member

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    Ok, I'm gonna be a pain in the rear here.....
    So all time servicing or inspecting must be logged as on duty, correct?
    So say I perform a monthly or 90 day inspection on my rig during a 34 hour reset. Would I be in violation of the HOS rules?
    Also would that be a violation under the same conditions but I'm repairing damage or adding a new part to the rig?

    I saw that on another forum and it was a "Great Taste-Less filling" moment over there if you know what I mean.
     
  8. psanderson

    psanderson Road Train Member

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    You would be in violation but that's a hard one to prove....almost impossible
     
  9. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    Wow, your right. If your working on your truck in your driveway, your technically "on duty". Good thing our son put the new heater control valve in the truck this weekend, and I washed and rain-xd all the windows. Hubby wouldn't have had his reset then. :biggrin_2554:

    Thanks for bringing that up Ron. :yes2557:
     
  10. Scarecrow03

    Scarecrow03 Road Train Member

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    I thank you for your honesty on this one, Mr. Sanderson. :yes2557:
     
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