So I've recently been hired to audit logs at a small trucking company and the following circumstance came up my first day on the job. The owner of the company still goes out a few times each year to fill in for guys who are off, or sick, etc. He claims to not have to submit logs for 365 days a year as the full time guys do. His method is to simply show 7 previous days off duty before heading out. Then he logs the trip normally and when he returns to the office he does not complete any logs until the next time he wants to head out. When he is in the office he is of course "working" for the company and is compensated for that work. He usually goes out for 3 or 4 days a half dozen times per year. He claims this method is legal and as yet I can't counter that claim. I have read and re-read the FMCSA site and can't find anything that covers this specific situation. I'm thinking he should be logging multiple days off on one page between his road trips in order to cover the full year - he disagrees. I'm looking for info that will either prove or disprove this one way or the other. Interested to hear your thoughts. Thanks.
How is this situation logged?
Discussion in 'Trucking Industry Regulations' started by frankpmg, Dec 8, 2014.
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When I used to drive local for a pallet factory delivering pallets in the winter and running a walking floor in the summer, we had a foreman in the plant who filled in occasionally when someone was off and it was too busy for the other 3 drivers to handle it all. He did the same thing. Our boss, who was strictly a "by the book" guy looked into this very thing I'm sure. So I feel pretty confident when I say you're boss is right and he's 100% legal.
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If nothing else, maybe not good to get into a wiz-match with the Boss on your 1st day ?
Hick Thanks this. -
As long as he's logging everything when he's behind the wheel, he should be good. If he's working a desk job in between, as long as it doesn't carry over and violate the HOS, his normal time card (Office hrs worked) combined with his logs should be enough if you get an FMCSA audit. If he was going out and not logging his trips from start to finish, no brainer there.
Now, in the event, say he was out OTR, maxes out his 70 hours right as he pulls in the yard and parks, (can't run off a recap as he's maxed out) comes off the road, and straight back into the desk job for the next 2 days, w/o a break and goes right back behind the wheel on the 3rd day, then, you (He) has a problem with the 34hr provision. -
The man that signs the pay checks has a 99.9% chance of being right.
Stormdriven and RGRTim Thank this. -
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To be legal he needs to accurately log his "on duty, not driving" time for the previous week. He can't just log "off duty" if he's been working in the office.
otherhalftw, Grouch, not4hire and 3 others Thank this. -
1. He isn't in the office on a regular basis?
2. He "pops in" now and again?
3. He works a regular "40 hour week" in the office...give or take the total hours of course?
Questions:
1. Does he "clock in" like a regular employee, with a time card?
2. How many hours each week does he "work", both in the office, and off site meetings?
3. Is his travel time to meetings, during the work week logged?
4. Does the operation remain within the 100 mile air radius of the company headquarters? (out for 3 or 4 days...probably not)
These questions need answers to give you a better understanding of how a person working both office and driving would be required (technically) to log. Keep in mind, a "log week" is 8 days and an "office week" is generally considered 7 days.
PM me if you want some more specific answers. -
Go get a new job yesterday..Even I can see problems on the way..
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In reality this will work.....but its grey....itll get you by on a dot on the road....but to be in full compliance....he would need to do 7logs...w/everyday in the office or doin anything official logged as line 4 for the hours spent...and keep runnin tally.....but if he is anything like my boss (lil older¬ in office full time)you/he really wouldn't have any trouble.....
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