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.
Got violation for not putting the taxi time on duty??????????/
Discussion in 'Ask An Owner Operator' started by ATC, May 6, 2014.
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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. -
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 -
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. -
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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 drivers rest period constitute a change of the drivers 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 drivers off duty status.
I just tell them my wife called and got it.Last edited: May 9, 2014
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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. -
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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. -
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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