If audited FMCSA will consider anything over 5 m.p.h. under the speed limit for an average speed a sign of a violation and supporting documents will be checked . If the speed limit is 65 m.p.h. they will look at anything with an average speed over 60 m.p.h. . They also use ProMiles software which gives a required point to point time . It factors in slowing for city congestion .
My advise to you is just log it as you do it . If they give you problems contact the FMCSA . http://www.fmcsa.dot.gov/spanish/SftyHotline_index.htm
DieselBear might also let you know what he thinks of log books showing the speed limit for an average speed .
Need dot consultant? Dot advice
Discussion in 'Trucking Industry Regulations' started by iamdot, Apr 29, 2009.
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Rick, I figure the average MPH of the log, but I don't write speeding tickets from that. I use radar, laser, and VASCAR for that. But I do use it to prove a false log book. Driver's shaving a hour here and there, receipts that don't match, EZ Pass times don't match log etc. -
would be in my personal car. Safety now says they would like everyone they hire to live within TEN MILES of every terminal. They are BATS**T crazy! I think they will have to build a lot of terminals to maintain any driver base at this rate.
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Also, we run perfectly legal logs. Audited to within 15 mins of satelite hits within 24 hrs after returning to the terminal. This has been a super co. to work for in the past but the last few months corporate has been killing us.
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Ok, first of all, are you paid by the mile? Zipcode to zipcode? Atleast familiar with it? I bet you could guilttrip these people into going by 10 HHG miles which would actually be within 40 or 50 miles of the terminal, LOL (depends on local terrain). And if you live 90 miles away, i am very surprised if you dont have friends who dont live within 40 or 50 miles of the terminal? use their address! -
But ok, if i do step out of the truck, it needs to be logged and heres why: First of all, if the DOT were to set up portables at the exit for a rest area you stopped at to P for 10 seconds, and they stop you and decide to do an inspection, and look at your logbook, what are they going to say when they see that you never logged that you stopped? They're going to make you wish you hadnt stopped! Second, it gives you more time to drive. LEGALLY SPEAKING, anything less than 7.5 minutes can just be flagged, and does not affect your hours. Anything between 7.5 and 22.5 needs to be logged as 15 minuets, etc. If he was there for 7.5 minutes and logged it as 15 (which is the way youre supposed to do it...), that gives him an extra 7.5 minutes to drive, and is legal, actually. Besides that, what if he had an accident? If he logged that he drove 11 hours straight, that's going to cause some drama, because omg, he was fatigued. If you log a couple of breaks, it looks a little better in that regard... But the main point is, why stop for 15 minutes and stay logged on line 3, taking out of your 11 hours, when you were not driving for 15 minutes?
Second, why am i on duty? I've never unloaded myself (tried to once got kicked off the dock didnt log it LOL). I've taken many 10 hour breaks at shippers before. I was really in the sleeper for 2 to 10 hours, you cant tell me thats on duty. Im in the sleeper right now infact...but not sleeping. I log that im either in the sleeper or off duty (depending on which im really doing...), and then that i was on duty for 15 minutes to do the actual work. Which, in reality, is almost always true. Logging for 15 minutes is legal for between 7.5 minutes to 22.5 minutes. I've only had very few times when i did more than 22.5 minutes of work to unload or load.... (such as the other day when i forgot to put the landing gear down....) As far as im concerned, except for the other day (and there was no damage FYI), what i am doing is totally legal. If im in the sleeper im in the sleeper, it doesnt matter where i am or what i am doing (but i *TRY* to sleep!). If im offduty, well, you can argue about that all day, but i do have off-duty authorization and as long as i walk far enough away that i cannot see my truck........
Now, if you get detention pay, i do believe that you have to log all time at a shipper/reciever as line 4. I wonder if dieselbear has ever busted someone on that one? I guess it shouldnt be a problem at roadside inspections, how would the DOT man know you were being paid? But, if the DOT comes in and does an audit on that company, they will probably find out. They might not fine you but it could combine with other offenses and get the company shut down...
Beyond that, i am paid $10 an hour to unload with a minimum pay of 4 hours on the dock. So if i was unloading myself i would fudge the logbook in the following way: If it was less than 4 hours, unless i was given documentation from the consignee proving me wrong, i would try to cut a few minutes off to save my 70 hr clock. If it was more than 4 hours, i would probably try to fudge it the other way and add to my line 4 time, but not by too much.. Since i have an EOBR, if i unload, my EOBR essentially turns into a very fancy time card clock
Now i have to leave because my 10 hour break is over and i want to drive.Last edited: Jan 9, 2010
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We have one shipper and one consignee where we can count on detention time pretty regularly . At the shipper the drivers stay in the sleeper . Sleeper berth is sleeper berth , right ? And yes it often is 8 hours or more .
The consignee no longer allows us to stay in the truck while unloading . We have to leave the area . My company is very strict on compliance . Their policy is if we are away from the truck by order of the shipper/consignee , leave the keys in the truck and there is someone qualified to move the truck in case of emergency we can log off duty . I have logged off duty many times while being unloaded and receiving detention pay . Safety never disputed it .JustSonny Thanks this. -
Here is the deal. I was let go by a company for turning down preplans that i could not legally deliver. I was employed by them for three months and during that time had maybe 3 or 4 trips that could be done legally. When I did say it couldn't be done I would sit and make nothing until someone decided they wanted their truck earning. What is my recourse? And now who knows what these humps will put on my DAC?
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