Neither post is correct; compensation has no bearing on whether an activity is defined as "on-duty." A driver can be paid and still be relieved of all responsibility, e.g. layover pay, breakdown pay, salary, bonus, etc.
Section § 395.2: Definitions
Question 10: How does compensation relate to on-duty time?
Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
Another question about PC
Discussion in 'Questions From New Drivers' started by Canadianhauler21, Oct 9, 2020.
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Wasted Thyme, aaronpeterbilt3787 and Farmerbob1 Thank this.
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PC is meant to prevent drivers from being trapped in bad situations, to allow drivers to access food/hygiene/hotels when they are out of hours, or to go home when their work duties are complete. Recent changes have restricted the latter to some degree.
The big thing is that PC is NOT intended to improve operating efficiency of a truck.Canadianhauler21 and not4hire Thank this. -
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§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: (see link)Farmerbob1 Thanks this. -
Relieved from work and all responsibility,'' BY the motor carrier'' and free to leave the premises.
Break down while in attendance is on duty. If it's in the shop and you are off site then off duty.
Layover , you are still responsible for the vehicle, unless the motor carrier relieves you of that.
A stat holiday is a good example of being paid and relieved of responsibility when the truck is parked in the yard.
As Moose would say ''too many grey areas''.Farmerbob1 Thanks this. -
Drivers like to make things more complicated than they really are.
tinytim, Farmerbob1, aaronpeterbilt3787 and 1 other person Thank this. -
What I do: let say I’m in a rest area logged either off duty or sleeper berth and wanting to move to a truck stop for essential service, even I still have hos, I use pc because I choose to.
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And even though he's been asked in several threads to show the regs, he still hasn't (as there is none to show) yet he keeps spouting that line of b.s.Farmerbob1 and aaronpeterbilt3787 Thank this.
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