Can a driver ever be on line 1 while in the truck?
(I tried doing a search for this and could not find it, so if this is already addressed, my apologies, and please point me in direction of that post).
I have been told by my company that the only duty stations while inside the truck are 2, 3, or 4. So, if I am sitting in the driver's seat, parked and reading a book, I am on line 4? Same for the passenger's seat? I am supposed to jump from driving to the bunk in order to be off-duty? I don't like to lie down and read - but if I want to sit up and read I have to do it outside the truck??? I guess I would like to know if anyone has found an exception or technicality.
I read the FMCSA/HOS section and found the below, which appears to back up the company:
The 60/70-hour limit is based on how many hours you work over a period of days. Just what kind of work is included in on-duty time? It includes all time you are working or are required to be ready to work, for any employer. It includes the following activities:
All time at a plant, terminal, or other facility of a motor carrier or shipper, unless you have been relieved from duty by the motor carrier;
All time inspecting or servicing your truck, including fueling it and washing it;
All driving time;
All other time in a truck unless you are resting in a sleeper berth;
All time loading, unloading, supervising, or attending
your truck; or handling paperwork for shipments;
All time taking care of your truck when it is broken down;
All time spent providing a breath, saliva, or urine sample for drug/alcohol testing, including travel to and from the collection site;
All time spent doing any other work for a motor carrier,
including giving or receiving training and driving
a company car; and
All time spent doing paid work for anyone who is not a motor carrier, such as a part-time job at a local restaurant.
The bottom line is that on-duty time includes all time you are working for a motor carrier, whether paid or not, and all time you are doing paid work for anyone else.
The definition of on-duty time is found in Section 395.2.
I appreciate your help. Thanks.
Can I be on Line 1 in the truck?
Discussion in 'Trucking Industry Regulations' started by LKat, Oct 3, 2009.
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I am on line 1 right now posting this message.
Working Class Patriot Thanks this. -
OK... The answer is Yes & No
If you follow the law as it is written, then anytime that you spend sitting in the driver's seat & the truck is not moving is considered on duty not driving. Most don't log it like that & I don't either.... -
Common sense isn't all that common anymore is it?
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So no loopholes; I have to sit on the running board if I want to sit up and read a book? Just great. What was I thinking? Teaching high school in the inner-city is starting to look good again.
NoTarps, you didn't say WHERE you were.
REDD, strictly reading, anywhere in the truck (not just driver's seat) other than sleeper berth is line 4. And if I am reading in the bunk, does that count as resting? Not to me.
blackw900, I wasn't sure if you were commenting on my question or the HOS. -
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I could get a rocking chair and put it on the catwalk. A trucker's version of "Beverly Hillbillies."
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Maybe you should sit between the seats on the floor. Your technically not in the sleeper or in the seat!
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Outerspacehillbilly - strict interpretation "all other time" in the truck if not in sleeper = lines 4...
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(sigh) if someone comes up with an exception, please let me know. Thanks. -
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