Logging 10 hours of Off Duty

the 8/2 depends on if your done or not.

sometime's ill take a 2. unload and be done. that 8 could end up being a 15. off duty.

or, other way around.

 

Ok, my phone wasn't showing your entire post, so I had to get on a PC to actually show what you posted, and I apologize if it came across as offensive, no intended. So, the way that I read the sleeper berth provision is this: sleeper berth is considered "a form" of being off duty, but that does not conclude that all time not on duty is to be logged on line 1. What they're saying is that you're considered to be in an off duty status when in the sleeper, because obviously you cant be on duty and responsible for the load while you're sleeping or resting without eyes on the load/equipment in the sleeper, but sleeper berth time is still logged on line 2. Sleeper berth time is merely another form of being off duty. The only exception to that is oil field drivers. Where it says "if a non sleeper berth operation," I believe that's referring to the oil field drivers or something equivalent, The carrier doesn't decide what type of operation they are, the actual loads do, otherwise any dry van carrier could claim to be in the oil field business to skirt the law, but that wouldn't make it so.

 

Yeah, this is interesting and it always baffles me how people misunderstand logging. I'd hate to see someone lose their cdl over something that is so easy...log it as you do it. I have a friend who lost his cdl, got in an accident (no fault) but someone was killed. The lawyers got his logs, went to all of his shippers/receivers for the past 3 months...they found that he had logged off duty while he was sitting in a shippers office waiting to be loaded...because the shipper required that all drivers must wait in the shipping office...which had no restrooms, no vending. So clearly he should have logged on duty/not driving (if we go by the book). He lost his cdl and he's serving 14 months in Kansas. His company liked for their drivers to log that way, but ultimately drivers are responsible for accurate logging

 

Exactly. You can log off duty 10 hours off duty. If the officer questions where you slept, simply reply you were off duty. If he presses the issue, politely ask where in the regulations it requires you to "sleep".

 

Yep, this is the way I look at it. Who cares if you can get one over on DOT, that's easy.

what you have to worry about is if some drunk guy hits you and dies. he happens to have a few thousand cash in his wallet, no job, and a few thousand dollars worth of heroin in the car. Then you face an attorney who has the smarts to get thru law school, is motivated only by money and doesn't care who he ruins to get more. And finding you at fault will net him a 5,6, or maybe even a 7 figure payday. Defend yourself from this cat, and you've accomplished something.

I'd like to see an actual article on this type of thing. Everything I've heard like this is from 'a friend of a friend', but I don't doubt that it happens.

 

Can you run this by one more time? My credibility buzzer went off. Your buddy is serving time in KS, lost his CDL but wasn't at fault where someone was killed...

 

4 days before the accident was when he logged improperly, he was off by 2 hrs because he logged improperly. Had he logged the shipping office time properly he wouldn't/couldn't have been at the scene of the accident when he was. He wasn't supposed to be there, that's what made him liable. Otherwise, had he been 100% compliant on the logs it would have been the other party's fault.

 

You're saying he wouldn't have had the hours to get there, if I understand you. He was involved in an accident, someone was killed and he didn't have hours to get there. Should not have been driving.

He was there, driving illegally and held responsible. Lost his CDL and incarcerated.

For further information, how was he not otherwise at fault?

 

If he drove to the shipper, set two hours off duty, then drove, the 14 hour rule would keep him from driving further than he was supposed to. If he started his day at the shipper, he would still have an hour over the alloud 11 to drive. Something does not add up.

 

How did he log improperly? Unless he was on the dock,or somehow required to assist in the loading, he could log off duty while sitting in a driver waiting area. You have been essentially relieved of duty in that instance.