Dot Violation?

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by CheapSkate23, Nov 15, 2023.

  1. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I've been an O/O and worked on my truck when I was at home. I never logged in as on duty. And I never heard anything about it. But, and this is the kicker, if I had went out and been in an accident and some scumbag lawyer found out that I technically didn't get a 34 hr reset in because of the time I worked on the truck, I could have been really screwed.
    And I would bet that is why the OP's company asked him about if. They want to know if he is legal when driving for them in the event of an accident.
     
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  3. roshea

    roshea Road Train Member

    so by that reasoning if you spend an hour getting a Level 1 inspection you don't have to log it if you are not on the clock. I don't think so.

    mileage compensated driver would not have to log pre and / or post trip because not driving, stopped at scene of crash, wouldn't log it.

    I think there are too many people without an understanding of the regulations. Not saying people abide by them 100%, but that they don't really understand them. Or just confuse the real world with the letter-of-the law compliance that 99.999 % of drivers will never achieve.
     
  4. Opus

    Opus Road Train Member

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    You don't understand the concept of "its built into the miles".
    When you're under dispatch, everything is 'built into the miles'.
     
  5. Last Call

    Last Call Road Train Member

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    I didn’t see anybody post anything like what you posted about not logging pre or post trip inspections or not logging a DOT inspection
     
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  6. Jamie01

    Jamie01 Light Load Member

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    Any work done for a motor carrier counts as 'on duty' even if you're paid on a mileage basis and technically not being compensated for doing your pre-trip, or fueling, for example. Compensated work for someone who is not a motor carrier also counts as on-duty. Which means that if you have a side hustle, you'll probably need 10 hours between that job and your driving job.

    FMCSA regulation §395.2 states:[5]

    On-duty time is all time from when a driver begins to work or is required to be in readiness to work until the driver is relieved from work and all responsibility for performing work.

    On-duty time includes:
    • 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 carrier
    • All time inspecting, servicing, or conditioning any CMV at any time
    • Crossing a border
    • All driving time as defined in the term "driving time"
    • All time, other than driving time, in or upon any CMV except time spent resting in a sleeper berth
    • All time loading or unloading a CMV, supervising, or assisting in the loading or unloading, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or in giving or receiving receipts for shipments loaded or unloaded
    • All time repairing, obtaining assistance, or remaining in attendance upon a disabled CMV
    • All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with random, reasonable suspicion, post-accident, or follow-up drug testing
    • Performing any other work in the capacity, employ, or service of a motor carrier
    • Performing any compensated work for a person who is not a motor carrier (This rule does not explicitly forbid a driver from obtaining a second or part-time job; it simply prevents a driver switching from a non-driving job to a driving job without the required 10 hours of rest)
     
  7. goga

    goga Heavy Load Member

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    I'd add..! - BY THE CARRIER!
     
    Last edited: Nov 16, 2023
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  8. goga

    goga Heavy Load Member

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    Bingo!

    You are officially off duty when you are able to shut the truck down, walk away and go see a movie or something.
     
  9. roshea

    roshea Road Train Member

    That pretty well sums up the letter-of-the-law matter of time spent working on your truck.

    Does anyone do that? Not that I've ever known of. Again, the difference between the specifics of the law as written, and the real world.

    There used to be one exemption to the logging of other work, I don't know if it still exists. Time spent on Guard or Reserve duty did not need to be logged, at least quite some time ago. I never had to log mine and could go right to work legally right after returning from a long flight.
     
  10. Jamie01

    Jamie01 Light Load Member

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    I don't disagree. But be aware that if you're involved in a crash, and somebody lawyers up, any skirting of the exact letter of the law that comes to light will put you in an uncomfortable position.
     
  11. 2rescuekids

    2rescuekids Light Load Member

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    Yes it doesn't matter what your other job is but can they prove it not likely.
     
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