Why CSA 2010 and E-Logs are a good thing.

Yep. Occassionaly gotta call and reschedule because someone can't understand this is truck freight, not air freight.

 

actually your not good to go. regs state you must be logged on duty. so technically. your probably past your hours. and it's time for your 10.

but i feel your thinking.

 

Not true at all. You have no responsibility when waiting to be loaded. Give them your phone number and wait for the call, Off Duty or sleeper is totally legal state and federal laws back this up.

 

The government does not tell you when to go to bed. They only regulate how long you may operated a commercial vehicle. You are really stretching it out here. If you back up a step and take a look at what Madison (thru Jefferson) wrote on the first draft, the "pursuit of happiness" was "and property". To fully grasp why they changed it to what they did, you have to go back and understand how words were used in the late 1700's. The same can be said of the 2nd amendment. Some confuse a "well regulated militia" as being a standing military or police force. Couldn't be farther from the truth. "regulated" meant well trained, not regulated in the sense of the word we use it today. So that amendment has a totally different meaning in that day compared to this one. And according to U.S. Code, the militia is comprised of every able bodied male from 18 to 45 years of age. So..... "A well regulated (trained) militia, being the necessity of a free state, the right of the people to keep and bear arms shall not be infringed" All able bodied males from 18 - 45 years of age (the Militia) should be well trained in the handling an use of firearms. To that end, every able bodied male between 18 and 45 (the militia) should readily own and be proficient in the use of firearms. This would put an end to all this gun control rot if the "people" and politicians would pull their heads out of their back side.

To answer more directly your question regarding government authority, here we go.

The Interstate Commerce Clause of the Constitution (Article 1, section 8, clause 3), is an enumerated power granted the Federal government. The Interstate Commerce Act of 1887 established the Interstate Commerce Commission to regulate entities involved in transportation of goods, materials, and people. Trucking, when it came about, got put under that oversight. ICC is now gone, but the DOT remains.

The roads traveled fall under the requirement in the Constitution that the government establish and maintain "post roads" (Aritcle 1, Section 8 also). Any road that is traveled on by U.S. Mail is considered the jurisdictional control of the government. So, they can regulate speeds, weights, vehicle lengths, etc, as well as safety concerns. Which is where we as commercial drivers fall in to. They have the Constitutional authority to regulate how long you are to operate a vehicle before taking a mandatory break. That broad based authority was established by the founders. You would have to take it up with them in the next life.

I will concede, that as a regulatory agency, the FMCSA is not breathing the same air we are. But that could be solved quite simply by Congress putting HOS into law instead of a regulatory category, where every group with an agenda can do legal battles and the FMCSA can change things around all the time for no rhyme or reason. That is the Constitutional way of handling all of this.

Now folks, do your reading and be prepared for a test next week.

 

I wasn't going to say anything but your correct. The hundreds of thousands of drivers who sit in sleeper and take their 10's while being unloaded is perfectly legal. When I'm in my sleeper, I am free of responsibility. When they knock on my door and I have to go get loaded, that changes.

 

fuel receipts are for audits, if the fuel is time-stamped (either on the receipt or when the carrier gets the monthly bill) the times must match up with your logs or you get a falsification charge

of course, the fuel desk may mis-stamp, but then you must prove that

they have no right to ask for your fuel receipts, only your license, cab card, medical card and bills IF you are under a load

fuel receipts, walmart receipts, toll receipts, you dont have to show them any of that at a DOT stop

 

ahhh, but when you move the truck, get the bills, re-connect, etc, you are on-duty

liar liar pants on fire if you say you have been sleep for the full 10

 

I dang sure don't go on duty to move my truck across the customers yard lol

 

you arent the sleeper (i was questioned about this by the DOT Gestapo)