Personal Time "Bobtailing" I asked DOT :)

Discussion in 'Trucking Industry Regulations' started by LogsRus, Jul 12, 2007.

  1. stumpy

    stumpy Bobtail Member

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    i got a ticket in alabama for this samr thing and now got to go to court to pay the ticket.it is going to cost me like 500.00 for this bull ####. so if any one thinks you can do it and can show me in the rules and regs. please do so....thanks
     
  2. Mike_MD

    Mike_MD Medium Load Member

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    If under load the vehicle cannot be used as a personal conveyance.

    Be safe.
     
  3. Mike_MD

    Mike_MD Medium Load Member

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    Unless you drove back to Georgia to get a load it was on-duty not driving for dead head miles.

    Be safe.
     
  4. Mike_MD

    Mike_MD Medium Load Member

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    Not quite, if you loaded a load and have not delivered it the driver is responsible for the load, hence the driver cannot log off-duty.

    No such thing as off-duty maintenance time:

    Be safe.
     
  5. Mike_MD

    Mike_MD Medium Load Member

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    The officer was 100% correct:

    Be safe.
     
  6. Mike_MD

    Mike_MD Medium Load Member

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    Deadhead, is deadhead regardless of whether you're an O/O or company driver. If you unload in Georgia and drive to Texas you will reload in Texas no Georgia; therefore, there is commerce involved in the movement. Now if you quit the carrier, remove the signs, turn in all of your equipment then there is no commerce. An O/O's bobtail insurance is just that, bobtail insurance. Any time the tractor is connected to a trailer the vehicle is under the operating carrier's insurance.

    That's your interpretation and you are welcome to use it when you operate under your own US DOT/MC number thereby ensuring any penalties would be your own and not your employer's.

    I'd say the loosest interpretations you could. :biggrin_2551:

    The only time an ALJ would review the issue is if it was challenged during a case and the ALJ needed to make a determination of whether the case was sound.

    You may review ALJ and FMCSA case studies at
    http://www.regulations.gov/search/Regs/home.html#home

    Most cases are prepared against the carrier for false logs. Drivers may receive tickets and placed OOS during a roadside inspection. If the driver runs the OOS order then an addition case may be prepared by the state and/or the feds.

    A false log is a false log, if a driver logs sleeper berth ij New York, NY and has toll tickets for the time frame it's a false log as the driver cannot drive from the sleeper berth regardless of whether the driver could have logged off-duty for personal conveyance.

    If an investigator can prove a false log hid an HOS violation the penalty is $11,000 for a deliberate false log opposed to $1,200 for a false log.

    Only to those not happy with the HOS who want to circumvent the HOS. :biggrin_255:

    Be safe.
     
  7. Mike_MD

    Mike_MD Medium Load Member

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    The race car going to an event where you paid entry fees and the winner received cash? Commerce.

    Camper? You going to your rental property to do some work? Commerce.

    Be safe.
     
  8. Mike_MD

    Mike_MD Medium Load Member

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    After completeing the wash out the O/O is off-duty:

    Be safe.
     
  9. Mike_MD

    Mike_MD Medium Load Member

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    Deadhead miles are deadhead miles. If you're headed some where else and you'll load in another town it's deadhead miles.

    Be safe.
     
  10. Mike_MD

    Mike_MD Medium Load Member

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    You cannot pull a truck or trailer for service anywhere without being on-duty or driving:



    The rules are clear regarding when the drivr and vehicle are subject if you know where to look. Some wish to debate the issue hoping to shave off hours used for maintenance and other non freight hauling time to save their hours. The fact is if you're caught during the trip or at your employer's chances are some one will time and money or money and time to fix what's broke.

    Be safe.
     
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