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| Trucking Industry Regulations Wipin' The Fog Off The Log. Forum/Discussion of trucking regulations, hours of service, log books, rules, laws, etc. |
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| Off Duty or Not? When a Driver goes on thier ten hour break it does not alter the fact that they are still responsible for tractor, trailer and load. In a hotel room or sleeper the Driver is still held accountable and could be terminated should happen to equipment or load. Workers in industry have the same responsibilty and accountabilty when they are on the clock but ends at the of the working day. OTR drivers should be compensated on all hours for the same standred and accountabilty the an industry worker has. Our pay should shift from mileage or percentage to hourly rate when on a ten hour break. This is what the carriers placed on drivers and they should pay an hourly rate. But the hourly rate will have to be minum wage under the Wage and Hour Division. But it will never happen but just a point to ponder. |
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| If you're not off duty, log it as on duty not driving, then try to comply with the hours of service and get your 10 hour break in. I see it more like being "on call". If someone hits my truck, then I'm responsible for talking with the police and such, but I'm not outside directing traffic and playing security guard. |
| The Following 2 Users Say Thank You to CMoore2004 For This Useful Post: | ||
Lurchgs (10.14.2008), Ron-MARS Trucking (10.01.2008) | ||
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| I do believe truck drivers are excluded from that rule. |
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| Quote:
Pay for driving per hour at one rate. Pay for on duty not driving at another rate. Pay for on duty at the dock waiting another rate. Pay for sleeping in a truck another rate. These rates could be set in a way that would be fair to the driver and to the company. |
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Time to wake up from that dream, it would never work. Remember your dealing with Truck Drivers who would sit and watch TV instead of making their drops.
__________________ Just a US Coast Guard Vet, D.O.T. Without Wheels Don't Let your Attitude Get in your way. |
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| Quote:
If the driver is paid 1.00 hour when off duty not driving versus higher for driving, why would they? |
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| Answer You are correct insofar as your statement Re. responsibility to the vehicle & load. The only way a driver is not responsible is if the carrier gives the driver written permission to log meals and other such times as off-duty. When a carrier gives this written permission, the carrier must include in the written permission that the driver is relieved of these duties at the specific times indicated on the written permission. If the carrier does not give that written permission then the driver must log meals and other such times as on-duty, not driving From a retired federal DOT official |
| The Following User Says Thank You to psanderson For This Useful Post: | ||
heyns57 (10.13.2008) | ||
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| Answer As far as logging legal rest periods; they must be either off-duty, or sleeper berth as required. But don't be confused. You only log sleeper berth when you are in the sleeper berth. And if you drive a day cab you may not log sleeper berth simply because you don't have one. |
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| and sleeping on the catwalk doesn't count. PSAnderson - just noticed your location. Cool. I went to high school about 50 miles south of you, lo these many years ago. Parents still live there. (or, more accurately, live there again) Yeah, that fun with the meals is why I almost always eat in the sleeper section - or when I am driving, if the meal is a no-mess meal.
__________________ ---------------------------------------------------- Keep the big doors at the back! |
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