On Duty, Not Driving

You surely can go off duty if you have a sleeper or get out of the cab of a day cab legally.

 

If your not working then who is forcing you to go on duty not driving? If its company policy then not much you can do about it but as far as log regs go nothing in there says you need to be on duty when your just waiting to get unloaded, your just burning hours for no reason.

 

By the true definiton as outlined in the FMCSA regs, you're " On duty" because you have a responsiblity for the equipment and the load, which include the unloading/ loading by the customer.

 

Nobody is forcing you to log it on duty so log it off duty.

 

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 in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the 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, to comply with the random, reasonable suspicion, post-crash, 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.

 

The FMCSA has released guidance saying if you are in the truck, even in the driver seat, even on customer property, you can log it off duty if you are not responsible for loading/unloading and are free to do activities of your choosing.

 

Most companies give you a waiver card or paper that gives you their permission to be off duty while on break or during the load/unload process.

Think about it....You would never be able to log off duty or sleeper at anytime if that was the case. If you have a loaded trailer and attempt to do your 30 minute mandated break, eat, shower, etc., you legally couldn't as you are responsible for that load until delivered. If you are doing one of the above activities, you're technically still responsible for that load. Having to be responsible is on duty work. Therefore the company exempts you for that so you can log off duty, otherwise you'd run out of hours in less than 3 days.
There are certain situations that a driver has to be in line 3 or 4 24 hours a day. Those are team drivers that haul certain loads such as government loads, certain hazmat loads.

If you're loading/unloading and not on the dock babysitting, then you're off duty or sleeper as the shipper/receiver is responsible at that point.

 

Nothing written is required to use off-duty line.

 

I tell you want. Instead of complaining about onduty waste, consider that you are not allowed to do actual work at that facility, use the time instead ot sleep and rest, build up strength and stamina for when you are loaded or empty. ANY time someone yells at me to stay int he *&^% cab, OK! See you in the morning! ZIP Curtains shut.