Truckers Report Jobs

Find Trucking Jobs

Company Driver Company Driver Dry Van Dry Van Flatbed Flatbed Refrigerated Refrigerated Specialized Specialized Owner Operator Owner Operator
More Trucking Job Searches ⌄ Fewer Trucking Job Searches
⌃

Off duty in a daycab.......

Discussion in 'Trucking Industry Regulations' started by Powell-Peralta, Jul 3, 2010.

Page 2 of 4
  1. Jul 4, 2010 #11
    Powder Joints

    Powder Joints Subjective Prognosticator

    7,939
    8,277
    Sep 25, 2007
    Rosamond, SoCal
    0
    Whats the reason for the question.
     
    Powder Joints, Jul 4, 2010
    Powder Joints, Jul 4, 2010
    #11
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Jul 4, 2010 #12
    Brickman

    Brickman Trucker Forum STAFF Staff Member

    12,908
    12,210
    Sep 17, 2006
    WY
    0




    That was then, this is 2010.

    If a team member has to mark line 4 when riding/reclining in the pass seat I don't think your scenario is going to hold weight with a DOT officer.
     
    Brickman, Jul 4, 2010
    Brickman, Jul 4, 2010
    #12
  4. Jul 4, 2010 #13
    Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0
    Trust me, it does not.
     
    Roadmedic, Jul 4, 2010
    Roadmedic, Jul 4, 2010
    #13
  5. Jul 4, 2010 #14
    Powder Joints

    Powder Joints Subjective Prognosticator

    7,939
    8,277
    Sep 25, 2007
    Rosamond, SoCal
    0
    Were not talking about in a moving or even a running truck. All the day cab drivers at our company are issued a Off Duty Card, The card states right on it that the driver is relieved from all duties and responsibilities while take there "Line 1" Off Duty breaks. You can not be seated in the position of operating the vehicle, and the motor can not be running.

    Our day's are still using there OD Cards all the time. But since you brought it up, I'll stop at the scales and ask them.
     
    Powder Joints, Jul 4, 2010
    Powder Joints, Jul 4, 2010
    #14
  7. Jul 4, 2010 #15
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,740
    12,461
    May 28, 2009
    Rancho Mirage, Ca.
    0
    Let me just jump in here with a couple thoughts. I believe the intent originally was for drivers NOT to be able to take off duty (line 1) in a day cab. We all agree on that. However, when you are off duty, you are allowed to pursue any activity you choose, such as watching TV in the lounge, or shopping, or hanging in the restaurant, or taking a walk or actually sleeping. I would think you could actually sit in a day cab reading the paper, or joshin' on the CB, or talking to Mama on your cell. Remember, not everyone sleeps for their 10 hours off.
     
    Allow Me., Jul 4, 2010
    Allow Me., Jul 4, 2010
    #15
  8. Jul 4, 2010 #16
    Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0

    I know some ticketed just for the example you used along with another searching the internet while parked.
     
    Roadmedic, Jul 4, 2010
    Roadmedic, Jul 4, 2010
    #16
  9. Jul 4, 2010 #17
    Powell-Peralta

    Powell-Peralta Road Train Member

    1,585
    240
    Jul 17, 2007
    0
    1) Let's just say theoretically if i wanted to do the following but haven't officially done it, but may consider it if it checks out legally, but as of right now i officially stay outside of the cab to log off duty, is i might want to take a nap in the cab sometimes; i am physically NOT touching the drivers seat when the theoretically napping is taking place, HOWEVER, i may want to do the "human opti-idle procedure" because sometimes it might get too hot. i can technically turn the key on and off without physically coming into contact with the drivers seat.

    See, the real reason for my asking the question is the turning of the key business; i could log off duty no problems because it really can't be proven that i slept in the cab vs. outside the cab. However, the qualcomn MAY (or may not, i don't know for sure) be recording the keying on and keying off. And i need a way to explain that even though the chances of me being questioned about it are way remote.

    This is why i asked wether any part of the body could be in the cab while still being logged as off duty----- my arm must technically go inside the cab to turn the engine on/off.
    2) Here's the other thing related to that: Let's say it's a sunday afternoon and you happen to go to a truck junkyard and decide you want to sit inside say a B-model mack cab or something-----you know because you would dig that or it brings back memories or something etc. Now, this cab is no longer legally registered/tagged and it's on private property and it's a sunday afternoon and you're off duty. Are the regs saying that anytime you're inside this cab, you're on duty? What if you own a 1-ton pickup and drive that to and from work everyday? Are you still on duty? Why can you sit in a compact car all day and be off duty?

    a) What if, on a whim, you decide you want to hitchhike across country and a trucker picks you up and so while you are sitting in the passenger seat, you have to log this on duty just because you have a CDL?

    b) let's say everything is the same as #1 except that you go over to a friends house, who also happens to be an O/O. You decide you want to get in the truck just because. So anytime you're in the cab, you've got log this as on duty? It's still sunday.
     
    Powell-Peralta, Jul 4, 2010
    Powell-Peralta, Jul 4, 2010
    #17
  10. Jul 4, 2010 #18
    Powell-Peralta

    Powell-Peralta Road Train Member

    1,585
    240
    Jul 17, 2007
    0
    OH, P.S. our divisional safety director came in a few months ago and said that if we ever get stuck in a traffic jam we could log this "off duty" as long as we aren't moving the parking brakes are applied.

    So.........
     
    Powell-Peralta, Jul 4, 2010
    Powell-Peralta, Jul 4, 2010
    #18
  11. Jul 4, 2010 #19
    Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0
    Well, do that and get a level 1 and he can go argue. You are still in the cmv and it does not have a sleeper.

    IGNORANCE OF THE LAW IS NO EXCUSE.

    http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=090163348002396d

    While you are at it, have your safety director explain the following and why he thinks you can possibly do what he said:



    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, other than driving time, in or upon any commercial motor vehicle except time spent resting in a 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, in order to comply with the random, reasonable suspicion, post-accident, 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.
     
    Last edited: Jul 4, 2010
    Roadmedic, Jul 4, 2010
    Roadmedic, Jul 4, 2010
    #19
    Brickman Thanks this.
  12. Jul 4, 2010 #20
    Brickman

    Brickman Trucker Forum STAFF Staff Member

    12,908
    12,210
    Sep 17, 2006
    WY
    0



    If you are in a day cab and log one or two hrs off duty for your lunch break I seriously doubt the DOT is going to say any thing about that. Every body takes a break.

    But if you are trying to claim the full 10 off or 8 if split logging you had better have an address of a friend you stayed at in each town or a motel receipt.

    As for your other scenarios the answer is no, and I would not be telling the DOT about those activities. They are your recreation time.

    I also know PLENTY of O/Os that do not log doing their own oil changes, tire checks ect when at the home 20.
    The letter of the book would be that if you roll in on friday afternoon and change the oil while enjoying a cold one sat afternoon you are supposed to log that time as line 3.
    Very few guys do such a thing.
    What if you don't have a load come monday morning and spend a couple hrs browsing load boards and calling agents? The letter of the law is that you would log that on 3, here again, most of the guys I know do not log that.
     
    Brickman, Jul 4, 2010
    Brickman, Jul 4, 2010
    #20
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

    • Page 2 of 4