off-duty drive time

My company allows one hour, can't advance a load. I use it when my 14 is up and I need to get to a parking spot. I've also used it to do some personal stuff so I don't have to start my 14 or interrupt a 10 hour break. I've never used it during a 14, I just don't run that hard.

 

You can't use it when you are out of hours.

 

no, but i'm sure it happens quite often.

one has no control of how the day goes. as much as the govt would like to think we do.

 

Yes you can; there is nothing in the regulations restricting personal use to hours available. If you think there is, post the regulation.

 

Sorry everyone, you can ask about this next time you get an inspection. I have and the answer I've gotten all the time is if you are out of hours, you are out of hours - period.

The Colorado officer said if they found that I went beyond my 14, it would be a 10 hour OOS and a log violation. The Alabama cop said it was simple, if the recap is close, then I would get a 34 hour OOS order with a log violation.

The reason why this is a gray area is the typical government nonsense - they think that the limits of hours working/driving should be enough to set all the limits for the driver.

 

Next time ask them to cite the regulation... guaranteed they can't. There is nothing, not even a hint of anything, regarding normal HOS restricting the use of personal conveyance. The ONLY relevant information is if you are out-of-service then you can't use personal conveyance. Other than that, the information regarding personal conveyance is quoted in its entirety in Post #3.

Of course, the only way to know when enforcement officers are wrong and making crap up is to know the rules as well as, or better than, them yourself. And don't be afraid, politely, to challenge them if you think they're wrong. When they're writing you up for something probably isn't the best time but if you're going in voluntarily, or if it's just a quick log book check at a scale/POE, then is a good time to ask. You'll even find that some of them are decent people and get a little lonely and don't mind the conversation if you both have the time. Plus it's a good way to be remembered as a decent driver if it's a scale you regularly cross. YMMV.

 

You don't seem to understand something the fmcsa regs are only the foundation regulations, the states can enforce their own which can be more stringent than that of the fmcsa. If say michigan says out of hours and no off duty drive time, then out of hours it is. The entire hos is based on a limitation of the hours, nothing else and as there is a gray area with this subject, it is up to the officer to apply the regs of their state and fmcsa as he sees fit.

Getting a log violation and the being out oos is something that has to be considered as a problem and arguing with the guy/gal about something they make the decisions about is rather dumb. One reason why companies restrict the use of it is to limit the liability of violations, not to be mean.

 

Prove it. Post up one state's regulation regarding personal conveyance, that supersedes the federal regulations for carriers engaged in interstate commerce, that supports your statement. One of the ones you previously listed should be easy. I'll wait.

Your idea is nonsense. The FMCSRs are not an a la carte menu that each enforcement officer gets to pick and choose from and/or supplement with their own rules or ideas. For carriers engaged in interstate commerce, and the rules addressed by the FMCSA, the regulations apply. Anything else is unworkable.

 

When I was at Crete using the Qualcomm e-log...their rules for using it were...you must be bob-tail AND return to the location at which the off-duty driving cycle started. That way you didn't drop your trailer at your last customer and bob-tail home off duty, then show on-duty once home time was done when they sent you looking for another trailer. They also had a limit on how far they allowed you to travel off duty. They also said they would accept it if you were at the truck stop at the end of your day and you were cruising the lot for a parking spot, and you were at your 11/14 limit and if you moved you got that annoying Qualcomm lady telling you that you were out of hours repeatedly...

 

Post any regulation regarding personal conveyance, not just guidance an actual piece of regulation.