Question about personal use

Discussion in 'Trucking Industry Regulations' started by gokiddogo, Oct 24, 2014.

  1. gokiddogo

    gokiddogo Road Train Member

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    I arrive at my receiver at 04:00 after driving through the night. They typically take most of the day to unload. So much so that I plan for that day all I am doing is delivering the load and calling it a day. This time I get empty at 11:00. They say I am not allowed to park there once empty. I drive 12 miles to the closest truck stop and do not do any fueling or anything that might be considered "on duty" time. There is no way I could have left earlier because the shipper did not have my trailer ready earlier the day before.

    Can this be logged as personal use driving? I know in Canada anything with a trailer must be on duty... but in the USA, the trailer is empty, and I do not have my next load lined up yet. I am wondering if an officer looks at it and sees I ended my day in one city then started it in another (on the next day) if he will look sideways at that. In my mind, if I was on the electronic log, this could be logged on line "5" ... ??
     
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  3. mitrucker

    mitrucker Road Train Member

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    Technically yes you could do that but legally no you cant. It would be up to the discretion of the officer checking your logs should it happen.
     
  4. scottied67

    scottied67 Road Train Member

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    I would just say that the customer was the 'terminal' at which the regulations allow us to leave a 'terminal' off duty driving if we return to that same 'terminal' before we start our clocks.

    What I have seen other guys do in that situation is just drive over to the truck stop but they are still showing at the customer, when it comes time to leave they then show the 15 minute pretrip and 15 minutes drive time to catch up to where they are at the moment. Unless they are on Electric Logs which squeal on the driver like a stuck pig.
     
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  5. tirednaz

    tirednaz Heavy Load Member

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    I just drive over noting on the log why I had to do it. It's neve been questioned.
     
  6. double yellow

    double yellow Road Train Member

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    I logged that off duty every time. You're not under dispatch or advancing a load -- you were simply getting a hot meal and a shower.
     
  7. gokiddogo

    gokiddogo Road Train Member

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    I used to just make it look like i stayed at the delivery location. Til I once was asked where i slept at in a city ... and the cop knew there was no place for trucks there. I didn't get a ticket or warning for anything. I'm trying to do it all by the book, as best I can ... If elogs become a reality I want to know the proper way to deal with situations like this. Would really like to hear what scalemaster or another Leo would say about this situation ...
     
  8. driverdriver

    driverdriver Road Train Member

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    You would have to return to the point where started (personal conveyance )
    Even though you don't know where your headed next.
    If you leave the truck and continue to a load it would be considered advancing.
    If your on paper logs really doesn't matter unless of course you get involved in an accident before you catch up to your log.
    If your on paper and have a QUALCOMM too your being tracked.
    company might hammer your for it maybe not . Only you would now that.
    jj keller has a complete" guidance" on PERSONAL CONVEYANCE
     
  9. tirednaz

    tirednaz Heavy Load Member

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    Elog leaves a GPS tag on every change of duty. So if you move 1 mile and show a duty change it will have a tag as to when the truck was moved and how far. Most Elog systems will allow some movement before they auto change to Driving. But what the company dosen't tell you is Elog also tracks all movement. So shutting down a mile or two from the shipper/receiver then nursing it over in Off Duty doesn't work, the move will show up on the GPS tracker of the unit although you are showing Off Duty for that time.
     
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  10. Cowpie1

    Cowpie1 Road Train Member

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    http://www.fmcsa.dot.gov/regulations/title49/part/395.8?guidance

    Question 26 on this link. Not sure how it could get much clearer. If you are unloaded and have to leave a customer property, for a short distance to find safe parking area, then it can be done off duty. It is no different than being unladen and going to a hotel or getting a bite to eat. Some folks just like to make things complicated.

    I have been stopped several times and had logs checked, while I was doing this very thing, in three separate states. I have NEVER received a citation for doing so. One LEO in Kansas City was perplexed that I was driving an logging off duty, especially when I smiled and said "you are correct. I am driving off duty". A call to his superiors by him for clarification and I was on my way with no further problem. Just an well intentioned LEO shaking his head.

    I have done this on both paper and e-logs. No difference.
     
  11. Ezrider_48501

    Ezrider_48501 Road Train Member

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    iv wondered many times if i could log it for a 300 mile round trip empty, there are a lot of times i dead head out Saturday evening and deadhead right back to where i was Monday. after going home. iv even left my trailer and ran bobtail more than once, although normally i drag my trailer with me to grease and pm it every Sunday. normally between 200-300 miles round trip leaving and then returning to the same location.

    i normally log it on duty driving, i don't see why i shouldn't be able to log it off duty as if i had a car parked there i could just drive the car home and back out.
     
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