Ok, I know that if one is "off duty" as in a 34 hour reset, you can drive as long as you go bob-tail and log it "Off Duty, Driving"....
What about in this case:
I got up and did a pre-trip and went to take off when I found my tranny was stuck in high range. I called for a roadside repair but none were available.
So I got permission from the CO State Policed to leave an unattended trailer at the rest area and then limped an hour away to a shop and got it repaired.
I logged the driving time as "off duty driving" and the time hanging around the shop's lounge as "Off Duty Not Driving". Then drove back to the rest stop as "Off Duty, Driving"...
I checked on FMCSA's website but there was no guidance for such as situation. "On duty" means that one has no freedom of movement from the rig whereas "Off duty" means that you are free to go anywhere which I had.
Also I only counted the pre trip and post trip time as "on duty", do you just count the "On Duty" by itself or, do you include the time "off duty" as part of the total with the "On duty" time?
So does anyone know if what I logged was correct or not?
Logging "Off Duty, Driving"
Discussion in 'Trucking Industry Regulations' started by Working Class Patriot, May 19, 2009.
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First, I'm not yet an expert in logging for trucking. Flying, sure, but driving, I'm still learning
Anyway, my first comment would be that in the regs there is a sample log page and there is no "Off-duty, driving" line. So I'm not sure how you logged that.
Second, I see a couple of sides of this argument. Moving the truck bobtail, just to run an errand, while not under dispatch, is definitely off-duty. According to my instructors and the opinions I have read, although I can't find a regulation for it. The regulations define driving as the time spent at the controls of a CMV, and the opinion is that while not under dispatch, a bobtail is considered to not be a CMV, sort of. I wish I could reference that. It irritates me that I can't.
It gets a little stickier since you're under dispatch, and it gets really sticky since you are moving the truck to have it repaired. 395.2 defines "on-duty" as, in part, "All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial vehicle." I would take that part of the definition to mean that you should have logged it as on duty.
In your case, I'd probably log the pretrip as on-duty, not driving; the driving to the shop and back as on-duty, driving; and the time at the shop as off-duty (unless you're helping with the repairs. I personally would be not).
The opinion is worth what you paid for it -
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Now this is interesting . Not what I was looking for but news to me .
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TITLE 49
TRANSPORTATION CHAPTER III
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
PART 395
HOURS OF SERVICE OF DRIVERS
Table of Contents
Sec. 395.2 Definitions
On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post- accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; (8) Performing any other work in the capacity, employ, or service of a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier.jlkklj777, Working Class Patriot and Trucking_mom_mom Thank this. -
I just was not sure about what to do in regards to what happened yesterday. psanderson's comment though does show guidance in that situation and I appreciate him for finding that part in the reg to clear it up for us. -
So all time servicing or inspecting must be logged as on duty, correct?
So say I perform a monthly or 90 day inspection on my rig during a 34 hour reset. Would I be in violation of the HOS rules?
Also would that be a violation under the same conditions but I'm repairing damage or adding a new part to the rig?
I saw that on another forum and it was a "Great Taste-Less filling" moment over there if you know what I mean. -
Scarecrow03 and Working Class Patriot Thank this.
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Thanks for bringing that up Ron. -
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