To keep it short I currently work for a company that FREQUENTLY asks Me to go straight to off duty when I hit a receiver and log it as part of a 10. I don't get to sleep during these unloads much and I keep telling them this is illegal and also deprives me of rest. By the time I'm empty and parked I've got maybe 6 hours to actually have some off duty time. Am I wrong? Is this legal? Everything I've read so far says no. I've even taken pics of the qc messages of them asking me to do this In case something happens. Thanks guys.
Really need help here guys...
Discussion in 'Questions From New Drivers' started by RubberDuckie, Feb 2, 2015.
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you have to take a 30 minute break some time during your first 8 hours of your shift. you do that by logging straight to off duty.
however long you take that off duty is up to you.
technically, your supposed to be on duty. technically. when your at the shipper/receiver. but the smart guy goes off duty. to save his hours.
as far as your 10 goes though, what your actually doing is called the 2/8 split. 2 hours off duty during shift, you only need 8 hours sleeper to complete the 10. but you have to be at least 2 hours off duty, or sleeper. and your hours have to be sleeper only. the split doesn't work if you claim 2 off duty, then 8 off duty, the 8 has to be sleeper.
leeast, that's the way it works on my laptop.
what your company is telling you to do. is perfectly fine. but i guess, that's your decision if you want to save your hours or burn them up and not make any money.Cranky Yankee and Chinatown Thank this. -
No, it's not fine. If the driver isn't getting the rest he needs and has told his boss this, then the company is wrong. Fmcsa Title 49 part 392.3.
Part 392.2(5) applies to his situation also.
The "smart" driver covers his rump. If you want a definitive answer then pull into a scale house and ask an officer instead of relying on the wird of a truck driver. Just because you want to make money doesn't make it right.UKJ, Tonythetruckerdude, Numb and 2 others Thank this. -
Seems to me you work for a company that is more concerned about keeping the truck moving than driver safety.No your not wrong but I see both points.Just keep in mind that safety comes first.If your tired get some sleep. If something would happen because you were tired and fatigued it would all be on you.Dont let them push you.
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It's not illegal. It's only illegal if you're physically helping unload the trailer.
Personally, I push the envelop on everything, because I'm in it for the money. I don't want to be one of those drivers that whines because "I'm not making any money, can barely pay for meals on the road."
For me, I show 15 minutes "on duty-not driving" for checking in to shipper/receiver, then "sleeper berth", then 15 minutes "on-duty-not driving" for checking out from shipper/receiver.
If you can't sleep, because of noise or truck bouncing, that's your problem, not anyone else's; that's the nature of trucking. A question for you; when you do have down time at a rest area or truck stop, what do you do? Do you go to bed or play video games and watch TV? You may have a time management problem or simply can't adjust to the trucking way of life. For me, I actually sleep about 6 hours a day and that's all; been doing that for decades and that's one reason trucking was a good fit for me. Maybe you just can't adjust to the irregular hours; you'll have to discipline yourself to make trucking work for you. -
If you don't show ANY time at a shipper or receiver DOT is going to nail you one day. Assuming you drive a van you need to show at least 15 mins on duty. Again assuming you drive a van, why can't you hit the sleeper once you hire your lumper? They will wake you up when they are done. When I drove van/reefer I always looked at loading and unloading as nap time. If you are required to unload your own truck then by law it all has to be on duty. Read the HOS rules and quote them to your company over the QC. They can only push around the uninformed.
as for needing your rest? As was mentioned, it doesn't sound like your current company has your safety in their best interest. Also sounds like your new and your body isn't use to only getting a couple hours sleep here and there. If your tired please sleep. And maybe start looking for a company that puts your safety and the safety of others (like me on the road with you) first.
also if you would like the split sleeper berth provision explained PM me. I do it daily but if you do it wrong it will really bite you in the rear. It's easy but a little more goes into it then just 8 hours in the sleeper and a 2 hour break.blairandgretchen, Chinatown and mnmover Thank this. -
actually it's "on duty not driving", you can't leave and go get lunch or home.
you are attending to your truck being loaded or unloaded.
see number 5 in the rules below. "readiness to operate ..."
On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.
I personally don't push the gray areas anymore.
I get in a wreck and they check my logs, I don't need anything iffy.
too old to go out and get a "real" job.lolChinatown, mnmover and Montgomery Thank this. -
see number 5 in the rules below. "readiness to operate ..."
On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
cool: Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.
I personally don't push the gray areas anymore.
I get in a wreck and they check my logs, I don't need anything iffy.
too old to go out and get a "real" job.lolChinatown Thanks this. -
bottom line, the rules are for the birds, and do not related to what we actually do
if you are sitting in the driver lounge, you can log off-duty
if you are in the sleeper, you can log sleeper berth
if you are counting or doing anything REQUIRING your attention, that is off-duty not driving
now, the question is, does that mean you are not "resting" (ie not driving) which is what really matters? and why should any of that count against your 14 or 70? people who know more than us say it should count
i dont have a problem goofing around watching guys unload (my trailer, i want to make sure they arent destroying it) that should not count against our working time
but, if you have to count freight, that is definitely working and you should get paid for it (which most guys are not,hence free time)
the whole thing is a joke -
I think this is what applies to him:
On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier.
In his case the dispatcher is telling him he's off duty, so it's legal to log off duty.Powder Joints, EZX1100, Montgomery and 1 other person Thank this.
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