What counts as On Duty Time? Passive income questions?

Family problems are not well understood by anyone but those in the family. What did RVT do to make you mad? It's a bit ghey to worry about some guy on YouTube.

 

What was RVT's scam. He told YT viewers how & where he worked and gave away lanyards & sometimes BT headsets. Just before I retired I worked at the same company he did, although he was L-O and I was company driver.

RVT didn't scam anyone, he was overwhelmed with dozens or hundreds of newbies asking him the same 3 questions, yet refusing to watch a video that answered those questions unless the video was published that day. So he started answering questions from subscribers, as was common on YT at the time.

There are millions of children of divorce that were poisoned against the father by a bitter ex-wife. You don't know his family situation just because you watched a YT video.

 

I think any discussion of what constitutes "on duty" should start with the definition contained in 395.2.

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 in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 3 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 7 consecutive hours in the 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, to comply with the random, reasonable suspicion, post-crash, 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.

^^^^^^^^with the above stated lets discuss this a bit. First off, contrary to what seems like popular belief there are no Federal or State DOT compliance officers hiding behind trees ready to pounce on some poor schmuck that improperly logs. In all honesty, I see no real difference between trading stock and playing a video game OR playing pinball while off duty.

Now let's discuss the ole "but what if you are in an accident" questions. Well if you are making money that money is reported to the IRS on a 1099-B! This information can be subject to subpoena. If you have a lawsuit filed against you the plaintiff's Attorney will be forced to sync up those actions with your logs to prove you were not following the letter of the law.

Here is what I think. I am MUCH more concerned that you get proper rest. Get plenty of exercise and take care of your body. ---------------------------and------------------------------------KEEP ON TRADING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

(9) Performing any compensated work for a person who is not a motor carrier.

It's a stretch to say that trading on your own account meets this definition, so I think maybe people have been focusing on the wrong thing.

6.3.1 Illness or Fatigue (392.3)
Drivers may not operate, nor shall a motor carrier require or permit a driver to operate, a CMV if they are too tired or sick to drive safely

If you're in a crash, and it comes out in discovery that you came off duty from 12 hours at your driving job, then spent 11.5 of the next twelve hours online, whether trading or doing anything else, and then started driving again, until the crash ten hours into your shift, you might need to make the case that you weren't too tired to drive, despite evidence that you hadn't slept in the previous 34 hours.

 

Passive income is just that, passive, you're not working. Unless you're a licensed stock broker or whatever doing trades for other people, I wouldn't worry about it.

 

Trading stocks/bonds/crypto on your own account is not working for someone for compensation. But if you're really worried about it, one way to cover your tail is the trade while driving so that your logs coordinate with your trading timestamps lol

Youtubers cover their tails by being On Duty/Driving while filming their videos. Later on they edit the videos from the Sleeper which is an Off Duty sanctuary, untouchable by the FMCSA.