on duty not driving after 14

Discussion in 'Trucking Industry Regulations' started by airforcetoo, Jul 6, 2012.

  1. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Exactly...no violation for being on line 4 past the 14th hour. However, if the D&H was more than 2 hours into the break, he wouldn't have to do a FULL 10 hours....just show 15 minutes D&H and then to the sleeper for 8 hours, then remember that you've only got 13:45 hours available the next day....or if you've already been in the sleeper for 8 hours, do the D&H and either go off duty or back to the sleeper for 2 more hours....but your 14 for the day started with the D&H, so when you start rolling again you've only got 11:45 available before you'll have to be back in the sleeper for your next break. How you play it depends upon where you need to be and when you need to be there.
     
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  3. ZVar

    ZVar Road Train Member

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    Doing drop/hook is line 3 driving as you are operating a cmv. Even simply sliding out from under a trailer should be line 3. Now is there a DOT that will give you a ticket for it? I highly doubt it, but it could still happen if DOT is having a bad day.

    Look at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2
    "Driving time means all time spent at the driving controls of a commercial motor vehicle in operation."

    -Steven
     
  4. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    WRONG! While dropping & hooking, the majority of your time is spent OUTSIDE of the truck while you are lowering the landing gears, disconnecting the air & electrical, and pulling the 5th wheel pin....and then getting hooked up to the next trailer and pretripping it. The total time actually spent behind the wheel "at the controls" is going to be less than 2 minutes, so you don't have to show time on line 3....it is ALL line 4 work.
     
  5. scottied67

    scottied67 Road Train Member

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    I consider Line 3 time to be spent on tax paid roads not so much private property.
     
  6. Autocar

    Autocar Road Train Member

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    Exactly. FMCSA rules and regs cover driving on public highways, not private property.
     
  7. otherhalftw

    otherhalftw R.I.P.

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    To the OP:
    Depending on the company and their logging procedure/policy, some say 15 minutes drop/unload, some want another 15 if you hook after you drop. It is a big reason to understand the wants and requirements of the company you are driving for.

    Company policy is like comparing a State regulation to a Federal regulation....the company/State can be more strict, but not reduce the Fed requirements.
     
    Autocar and airforcetoo Thank this.
  8. double_r

    double_r Heavy Load Member

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    I just hit the "On Duty" button on the computer screen and keep my speed under 10mph ;)
     
  9. airforcetoo

    airforcetoo Heavy Load Member

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    Yeah, that's what I do too ... That's why I'm guessing its legal since the Qualcomm doesn't kick in but I suppose what that Steve guy quotes is legitimate as well so ... That just leaves a whole lotta confusion cause ppl using Qualcomm can log what is done down to the minute, but what about those on paper logs? Are they expected to log 15 min drop,15 min drive line, then 15 min hook?!? It seems as though there is a lot of grey area, that leaves the driver at the mercy of whoever is enforcing the law ... I think the public roadway:line 3 is reasonable but does the FMSCA language concur this? Hopefully a DOT rep will chime in to clarify this
     
  10. Autocar

    Autocar Road Train Member

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    As to driving, FMCSA only has jurisdiction over public roadways. They do have jurisdiction over hours worked, on public or private property.
     
  11. otherhalftw

    otherhalftw R.I.P.

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    Here is where the Feds have left the whole enchilada right out in the open for carrier responsibility and carrier "policies" to determine what amount of time, what level of inspection, and what record keeping (DVIR form) to use....and of course it comes down to "driver responsibility" outside of the maintaining of said DVIR's.

    Now specifically:
    1. Line 3, driving; FMCSA defines "driving" to "at the controls of a commercial motor vehicle in operation"...it does not indicate any difference between "public" or "private" property or roadways. http://www.fmcsa.dot.gov/rules-regu...sr/fmcsrruletext.aspx?reg=395.2&keyword=395.2

    2. Log times drop-hook-positioning; That is not addressed by FMCSA but left to the discretion/policy of the carrier and the carriers requirements of the driver.
    http://www.fmcsa.dot.gov/rules-regu...mcsr/fmcsrruletext.aspx?reg=396.11&guidence=Y

    Again...over-regulated without defining definition.....i.e., wide open for "interpretation" by any authorized agent of FMCSA and/or DOT State or Fed!
     
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