Got violation for not putting the taxi time on duty??????????/

Discussion in 'Ask An Owner Operator' started by ATC, May 6, 2014.

  1. Dr_Fandango44

    Dr_Fandango44 Road Train Member

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    Oh really? Why on earth would I want to do that? But I thought somebody would come up with that.
    And technically, you are falsifying elogs. You're nowhere near the truck. If DOT asked me, I'd say I sleep in the truck, and/or it's none of your business anyway officer.
    I live 200 miles away from Houston where my truck is parked. So I commute to the truck on occasion after spending time at home.
    If a DOT thinks I'm gonna log that drive as On Duty, they are sadly mistaken. That is deemed over zealous nonsense. It hasn't happened to me and it never will.
    According to the driver he had just done his reset at home. As far as I'm concerned with my elogs, it's a non issue. But you know what driver, it's a free country. You can suck it up and do that to your hearts content, if that makes you happy. At that rate you will eat your hours up in no time. Good luck.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    If you live where you keep the truck like you do, then it is personal commuting.

    Have you not understood that this guy was sent to pick up a truck in another location that is not his truck?

    The DOT noticed that the log shows he is suddenly there. What about the previous 7 days?

    Now, you explain that you have been sent to pick up the truck for the company. That is the issue on on duty here.
     
  4. Dr_Fandango44

    Dr_Fandango44 Road Train Member

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    My comments are based on his answer on thread #9
    As far as I'm concerned though, my views on the QComm stay the same. Can't log on if you're not there.
    So you can argue the toss with me all day long and so can the DOT guy. You think you're right and me too. So there you go. I've had plenty of disagreements about elogs so this is nothing new.
    To be honest we really need to know the full details as the driver wasn't explicit enough to warrant a sensible answer.
    And not just offer some half baked theory
     
  5. Roadmedic

    Roadmedic Road Train Member

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    Strange things happen when you deal with the DOT.

    A friend of mine arranged a load while on his 34 hour break. He crossed the scale and the inspector noticed that the dispatch date was during his break. The inspector asked how it was possible. Without thinking, he honestly answered that he called and got the load.

    This action alone caused the log to be classed as false since he showed off duty while on a break.

    I do not write the rules nor agree with them.
     
  6. gokiddogo

    gokiddogo Road Train Member

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    I suppose the DOT thinks we are just supposed to go into a coma whenever we are legally required to take a 10 or 34 hour break. How is this any different from a company calling a driver, while the driver is on his mandatory reset, and giving him direction as to where to go next? I thought I remember somewhere it states it is not illegal for the carrier to contact a driver by phone and it wouldn't interrupt a break period.
     
  7. Roadmedic

    Roadmedic Road Train Member

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    I know. I can post that if you would like to have a link for your files.

    http://www.fmcsa.dot.gov/regulations/title49/section/395.2?guidance

    Question 5: Do telephone calls to or from the motor carrier that momentarily interrupt a driver’s rest period constitute a change of the driver’s duty status?
    Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver’s off duty status.




    I just tell them my wife called and got it.
     
    Last edited: May 9, 2014
  8. C.V.E.

    C.V.E. Bobtail Member

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    Any time that you spend under dispatch, which includes being transported to recover or pick up a CMV, must be recorded as on duty time. This is something that Driveaway/Towaway guys have to deal with on a regular basis. However, if you travel to the pickup location, and then have a full break in between arrival and actually picking the unit up, then all of your time can be recorded as off duty. It makes no difference what you are in, plane, train, bus, POV, it matters what your status is. Under dispatch means on duty time.
     
    Roadmedic Thanks this.
  9. Meltom

    Meltom Road Train Member

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    Please explain how a log correction is a flasification? Dr_Fandango44.
     
  10. windsmith

    windsmith Road Train Member

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    Why, why why are all of you drivers allowing companies to do this to you? You're accepting 'per mile' driving pay and giving the company 'free work' by gaming the system and logging 'off duty' when you should be logging 'on duty'. The OP's time spent traveling should have been 'on duty' time, and he should have made his company pay him an hourly rate for that time. Or refused to take the trip.

    Your 11/14/70 is a limited resource. Remember that, and charge your company accordingly when they want to buy and/or waste your hours. The HOS is purportedly in place to protect the driver from abuse by their company. Stand your ground and use it to your advantage.

    Man up, drivers.
     
  11. NewNashGuy

    NewNashGuy Road Train Member

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    You are on duty if you are doing anything work related. If you were taking the taxi to a strip club you would have been fine.
     
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