on duty not driving after 14

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

  1. skateboardman

    skateboardman Road Train Member

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    seems like many on this thread are confusing company policy with dot regulation. a company amy not allow you be on duty after 14 hours, but the dot regs allow it.

    the mega carriers mainly do it trying to ride herd on thousands of new school graduates, makes it simple for them. they just tell the drivers thats the dot rule and they know no better.


    remember, company policy and dot regs arent necessarily the same. no all we need is some joker to bring up personal conveyance, lol
     
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  3. airforcetoo

    airforcetoo Heavy Load Member

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    Ok, so I would like to discuss personal convenance, who's with me?
     
  4. mickeyrat

    mickeyrat Road Train Member

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    we have a thread for that! ;)

    Actually during orientation for my company our instructor/leader stressed that fact that we could work past 14 just not drive.
     
    airforcetoo Thanks this.
  5. Scalemaster

    Scalemaster Heavy Load Member

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    ANY change of duty status (going from driving to on or off duty, etc.) must be logged, location shown, duration shown. (interpretations 395.8 question 1 - if it is less than 15 minutes, show the duration in minutes in the remarks section.) A short stop less than 15 minutes still must be logged, the time does not go away, you just have to show it differently.

    Part of the definition of Off-duty (395.2, also interpretations question 2) is the phrase "During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated." If you can meet both those criteria (free to pursue activities of your choosing, and leave the vehicle), then you can log Off-Duty.
     
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  6. Scalemaster

    Scalemaster Heavy Load Member

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    The DOT regulates operating CMV's, not other forms of work. As far as their rules are concerned, you can work 24/7/365, you just can't drive a CMV after exceeding their HOS limits.

    Now, OSHA or FSLA probably have rules on other work limits without breaks and off-duty periods.
     
    airforcetoo Thanks this.
  7. airforcetoo

    airforcetoo Heavy Load Member

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    Hey so I gotta question about what is considered driving, because in school I was taught that when you were at a shipper or yard that 'driving' (backing it to the dock, looking for an empty etc etc) is On Duty. So now here's the question; if I get to a shipper/receiver with 2 hours left on my 14, they take 2 hrs & 15 minutes to load or unload, would I be in violation if I drove it to either a spot on the customer's yard or 70 feet out of the customer's territory on the side of the road to begin my ten hr break?
     
  8. otherhalftw

    otherhalftw R.I.P.

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    A spot within the customers yard/facility, without going out on public roads...no. However, technically, and I mean TECHNICALLY, if you have gone past your 14 you are in violation if operating in a publicly used roadway.

    Now you state moving "70 feet" off the property, you are parking/moving on public grounds....if something were to happen, i.e., accident, you hit a parked vehicle, you knock over a street sign...they will nail you on operating out of your hours of service. Same will hold true if you break through the 11 hours driving, yet not past your 14....you are TECHNICALLY illegal....it is a rare occasion that a LEO will enforce the HOS rules you have violated without cause to be checking your log.
     
    airforcetoo Thanks this.
  9. Autocar

    Autocar Road Train Member

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    Customer's yard is not public highway, so would be line 4 "On Duty, Not Driving". Outside the customer's gate, or driveway, is public and would be line 3, "On Duty, Driving".
     
    airforcetoo Thanks this.
  10. airforcetoo

    airforcetoo Heavy Load Member

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    Thanks for the clarification. So how about this, would this be a violation; what if I ran out of my 14 hr once again but this time I'm in a truck stop taking my ten then dispatch decides they have other plans and get another driver to you so that you can switch trailers but you're 3 or 4 hrs in on your break already and past ure 14, is doing a drop n hook a violation? I don't think it is but another driver in my company said it was ....
     
  11. Smokin

    Smokin Bobtail Member

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    Being on duty to drop/hook would not be in violation, but you would have to restart your 10 hour break after the drop/hook before driving.
     
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