Hours of service questions and answers

Discussion in 'Trucking Industry Regulations' started by LogsRus, Oct 26, 2008.

  1. RickG

    RickG Road Train Member

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    We're in trouble . We have no high caliber people in the safety department .
     
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  3. ironpony

    ironpony Road Train Member

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    That's got to be part of the entire deal. If the FMCSA is going to mandate this, any carrier (not owner operator) should be required to show a creditable control regimen for access to the editing function, and have a logging function that records all accesses to the database for compliance review. The software for this sort of control already exists in many applications.
     
  4. LogsRus

    LogsRus Log it Legal

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    If the driver or log auditor edits their logs, these edits are being tracked!
    it tracks the previous status and the status it's changed to.
    It tracks who edited it, the driver, which log auditor etc.

    If any log auditor or anyone in the company understands the outcome if they edit a drivers logs to help them falsify or gain hours, the would not edi ta drivers logs unless it was to make it true and accurate! That's why sometimes I have to be strict even though I may not want to be.
    I explain why to the driver though, usually they understand. It's rare that I can not verify their statement if it's true though, that's all I care, that I can verify the driver was not driving at the time. Team operations, well I have to trust you but if you are caught, wow the DOT/attorneys will be all over it :( which could cause us both to be in trouble, not just you or me :(.
    Im out to help the driver legally every possible way!
     
  5. LogsRus

    LogsRus Log it Legal

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    Oh I follow the rules, trust me :).
    Our triggers are, you move the truck 1 mile, it changes to driving status.
    Then i fyou idle the truck for 5 minutes or turn the ignition off, it will default to on-duty not driving. Unless you change your status prior to one of those 2 events. With that said because of the triggers
    If you drive .5 miles, idle your truck for 2 minutes, move .5 miles, you now moved 1 mile to the computer, it will show you driving from the time you started the 1st .5 miles. So the key is, turn the truck off if you are stopping to talk, drop/hook etc.. That resets the trigger, however you should be on-duty (legal status when dropping/hooking etc) not driving anyhow so it's simply saving on your driving time legally!
    You can leave it driving but later in the day, that 2 minutes of driving may be needed!

    I don't understand your triggers Meltom: I need osme crazy pills l.o.l. Don't spazz on e-logs, they are fun :)
     
  6. Meltom

    Meltom Road Train Member

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    Our settings are two miles for auto change to driving, but ours puts out a 2 mile geofence circle. The driver can operate within this circle as long as want without tripping to driving. However if you drive around for 8 minutes and then break the circle it will go back to the beginning of the movement and make all that time drive time. To prevent this you must either change to driving before breaking the bubble, or sit still for 5 minutes and it will create a new circle.

    I've heard that Qualcomm works differently and your explanation makes sense. Peoplenet just works a bit different and I personally think better in this situation.
     
  7. trucsugma5

    trucsugma5 Light Load Member

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    i'm concerned about my friends training....Schneider told us we must log and write 'fueling' and be on-duty, when fueling---these guys say it's not neccessary, also.....my friend logged off-duty to conserve hours, flagged it, then went to driving, making sure he wrote 'tiv 5min'...but these guys say it's illegal and must go on-duty 15 mins before driving???.....now, the trainer is logged into the computer but he(my friend) is not, yet they have him logging on-duty(not a book, but single separate driver log sheets) while he's driving, and the trainer says it's ok and that my friend dont need to include a co-driver because trainer says he is not a co-driver just a trainer???? ... my friend called the office asking for a mailing address,personnel lady gives him the wrong address!???.... i could so fchange procedures to make it a better, safer, funner, and more productive company....but i guess i better not even ask cause then i'll look like the bad guy..... every single employee smokes, i do to and so does my friend...but he wants to quit smoking....good thing is i hope this company can shove my friends screrwups under the rug plus none of the big guys called him back for interviews, he has a chance to make up to $60,000.... should i ask my friend if he should go back OTR and jus t live with $39k rather than risk mishaps in the oil field, and possibly DOT?
     
  8. RickG

    RickG Road Train Member

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    All these rules you mentioned are carrier rules not required by FMCSR . While you must be on duty while fueling FMCSR only requires name of city and state at duty status changes , nothing more . There is no time on duty required by FMCSR before driving .
    Logging on duty while driving is a violation . There is no exception for trainees . Have your friend send copies of the log sheets to the FMCSA and ask their opinion .
     
  9. kajidono

    kajidono Road Train Member

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    Unless you are offroad or somewhere the public cannot normally access, which is kinda open to interpretation. In the rail yard or inside a gated distribution center, yes. The local walmart parking lot, not so much. For the oil fields I'd say you'd be fine out in the field on some dirt track but you'd be driving as soon as you hit pavement. Being on any kind of official road puts you under the rules of DOT. They have no control off road. That's probably what they're talking about.
     
  10. jlkklj777

    jlkklj777 20 Year Truckload Veteran

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    Not necessarily true. For multi stop loads within a city limit you can in fact log the time between stops as on duty not driving. Example; 3 deliveries all with Chicago Il addresses but several miles apart. Log driving until you get to the first stop, switch to on duty not driving and then continue to make your other stops while remaining on the on duty not driving line. Here is the interpretation and a link to help;

    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.8&guidence=Y


    Question 6: How should multiple short stops in a town or city be recorded on a record of duty status?Guidance: All stops made in any one city, town, village or municipality may be computed as one. In such cases the sum of all stops should be shown on a continuous line as on-duty (not driving).The aggregate driving time between such stops should be entered on the record of duty status immediately following the on-duty (not driving) entry. The name of the city, town, village, or municipality, followed by the State abbreviation where all the stops took place, must appear in the “remarks” section of the record of duty status.
     
  11. LogsRus

    LogsRus Log it Legal

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    If I recall correctly schneider is on e-logs. Are they logging by the minute?
    If they are logging by the minute, all work related things such as fuel, scale, loading/unloading etc should be logged as on-duty.
    Can you fuel your truck in less than 1 minute, I doubt that. Can you scalle in less than 1 minute, doubt it. Get the point I am trying to make.
    The FMCSA rules are based on 1/4 increments. If you are logging by the minute it's a different story or even by 5 minutes.


    To many (me included) believe the below statement means you can log a pre-trip, fuel etc while in the sleeper

    Question 1: How should a change of duty status for a short period of time be shown on the driver's record of duty status?

    Guidance: Short periods of time (less than 15 minutes) may be identified by drawing a line from the appropriate on-duty (not driving) or driving line to the remarks section and entering the amount of time, such as "6 minutes," and the geographic location of the duty status change.
    Notice the red highlights. I highlighted them for a reason. You may draw a line into the remark section from either driving or on-duty not driving. Not sleeper or off duty. At least that's the way I take it. I don't have that problem anymore since we log by the minute though.


    Below is to answer the question about do I need to write pre/post-trip etc. No it's not a dot requirement but here is how I look at this.
    If you are logging on-duty and you do not make a note as to what you was doing and dot or log dept, say's what was you doing on-duty here and it's a log from 7 day's ago, will you remember? Probably not, so instead of stalling and thinking and keeping him there longer, write what you are doing. Plus I use these notes to the drivers advantages example a driver was logging every time he stopped to go to the bathroom but he showed it on-duty (which is ok) so I got in touch with the driver and explained, you can go off duty when you stop to use the bathroom. He didn't see the point in changing it to off duty so I explained, he was very grateful I had explained this to him because at the end of the week, them minutes matter in many cases! It would of prevented him from going over his 70 hour one time.
    But no it's not dot required and I always tell the drivers I train/talk with that it's company.
    Companies can ask a driver to do anything as long as they are not asking you to falsify your logs or violate the hours of service.'Some say no split breaking, even though it hurts the company and the driver, not dot!
    What they should say, is we know it should take you at least 15 minutes to inspect your truck, we require you to log 15 minutes and or how long you are taking to inspect that equipment. We was on paper logs, everything you did took a minimum of 15 minutes but you log how long it takes you, so if you take 1 hour to inspect your truck, that's what you log.


    Question 23: When the driver's duty status changes, do §§395.8(c) or 395.8(h)(5) require a description of on-duty not driving activities ("fueling," "pre-trip," "loading," "unloading,", etc.) in the remarks section in addition to the name of the nearest city, town or village followed by the State abbreviation?

    Guidance: No. Many motor carriers require drivers to identify work performed during a change of duty status. Part 395 neither requires nor prohibits this practice.

    If it's a training team, if the trainee is driving/working, the trainer must be on-duty at all times because he/she is working.
    If the trainee is in passenger seat, the trainee should be on-duty. I do not believe the exception to logging 2 hours off duty while in the front seat would apply to a trainee truck situation. This might need clarified but we make our drivers log it. While the trainee is doing a pre/post-trip, fuel etc, the trainer should be on-duty as well.
    You both are on the truck, you are "team" and must list the drivers name on the log. If on e-logs, both drivers should be logged in at all times unless one of the drivers is getting off the truck and another is driving the truck.
    Being logged in is what will show "team"/co-driver name.
    Your company should tell you the only times you have to log out.
     
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