On Duty Time and Off Duty Time

Discussion in 'Trucking Industry Regulations' started by JKC Transport, May 30, 2011.

  1. JKC Transport

    JKC Transport Bobtail Member

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    1st Question:On Duty time is any time you are compensated for from a second job even if you don't drive a cmv? So if I work 15 +or- flipping burgers, I must have 10 hours of off duty time before I can drive a cmv?

    I have read some post about this but I need it expaned upon by someone that knows more than me.

    2nd Question:If I am not working and I drive my personal vehicle 400 miles to a location where I will be starting on duty driving a cmv, is all that time spent driving my personal vehicle considered off duty?

    Thanks,
     
  2. REDD

    REDD The Legend

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    Question #1 has a answer of Yes

    Question #2 has a answer of no
     
  3. tscottme

    tscottme Medium Load Member

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    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.2&guidence=Y

    Question 10: How does compensation relate to on-duty time?
    Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
    Question 11: Must non transportation-related work for a motor carrier be recorded as on-duty time?
    Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term “work” as used in the definition of “on-duty time” in §395.2 of the Federal Motor Carrier Safety Regulations (FMCSRs) is not limited to driving or other non transportation-related employment.
     
  4. Yatista

    Yatista Medium Load Member

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    In addition to REDD's answer to question 1. You must show the hours worked on your log for that day, and count those hours towards your 60/7 or 70/8 limits.
     
  5. lostNfound

    lostNfound Road Train Member

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    Maybe not...
    Is the OP travelling at the direction of the carrier, or is he doing it because he likes to live 400 miles from his home terminal? If it is the latter, his time is off duty. If it is the former and he takes 10 hours off duty when he arrives then it can all be recorded off duty.
     
    truckerdave1970 Thanks this.
  6. truckerdave1970

    truckerdave1970 On Probation

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    Assuming the travel is AT THE DIRECTION OF THE MOTOR CARRIER, unless the OP gets a 10 hour break before driving a CMV, all travel time, regardless of what he drove or even if he was just sitting there, is to be recorded as "on duty, not driving". If he got 10 hours off, after he drove the 400 miles, then the 400 miles traveling can be logged as off duty.

    Technically, and not too many people realize this, you are required to log the commute from home to the place where you begin driving as "on duty-not driving" as well.

    So for you local drivers that keep paper logs, let's say you have a 45 minute drive TO the yard every day. You should be logging your daily commute to work as 45 minutes of "on duty, not driving".

    However when you are released from duty at the end of the day, the 45 minute drive HOME is logged as "off duty".

    This little known fact can and has been used against drivers in civil lawsuits to prove they were fatigued, falsified their logs, negligent, and therefore responsible for any damages that resulted from being involved in an accident.
     
  7. TankerYankr

    TankerYankr Light Load Member

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    BS. Travel time to and from work is off duty.
     
  8. Cowpie1

    Cowpie1 Road Train Member

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    Unbelievable that there is being any time wasted on worrying about commute time. In almost 30 years at this, I have never even seen or heard of a situation where anyone actually checked.
     
  9. double_r

    double_r Medium Load Member

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    Prove it! Post the reg.
     
  10. Yatista

    Yatista Medium Load Member

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    When your reading or writing in a forum about " what the regulations are and what they mean" you will not necessarily see how things are done in the real world. It's all about what the regulations are, not how they are used in practice.