Indiana says time at dock must be logged on-duty
Discussion in 'Experienced Truckers' Advice' started by JC1971, Sep 19, 2017.
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Sorry if repeating, I did not read all 5 pages.
It is ISP job to enforce the law, it is the courts duty to interpret the law.
That's the biggest problem with Indiana Troopers. When it comes to CMV they think they are judge and jury also. -
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sevenmph Thanks this.
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Here is the real deal. The HOS regulations were a labor law when formed in the 1930s much more then a safety consideration. As such, time waiting for dispatch and time wasted for a truck to be loaded/unloaded were considered labor wether you did something of your own choosing or not; Your time was being wasted by a company and you should be compensated.
Now over the years most of the shipping went from the LTL model to the Truckload model after deregulation. The Truckload model unlike the LTL model paid in piecework. This piecework pay made it hard for the state's labor board to regulate the wage for truck drivers because enforcement of labor laws required some 5th grade math that the girls at the labor department just couldn't muster.
This is when the average wages for truck driver's came crashing down. Shippers and consignees found they could waste a company truck driver time as they pleased. They could force the truck drivers to hire third party lumper's to do all the nasty work while they could still guarantee their brother-in-law a good union wage with little work. Trucking companies went along with this because the piece work pay scheme of truckload cost them nothing for the truck driver's time.
But the law was clear, waiting for a load, waiting for dispatch, waiting to get loaded or unload was on duty time that should be compensated. It is this lack of enforcement of the labor laws and HOS laws that have us in the situation that we have today.
Now Anne Ferro rather then doing her job and enforcing the laws revised the guidance to be more confusing then ever.
It really shows how clueless some of our officials are. Obviously, she knows nothing of the history of trucking and made her mark on the office by being clueless.sevenmph Thanks this. -
All the more reason for drivers to be pushing their employers to pay them hourly for time spent waiting at the dock.
My company pays me $15.00 just to bump the dock at a live load or live unload, and then I go on the clock after 30 minutes at $16.00/hour until I drive out the gate. Your company should too.sevenmph Thanks this. -
I just got a level 1 yesterday, and I run a dedicated. Every day I take my 30 minutes while being unloaded/loaded. Nothing was said about my logs.
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The Indiana State Police are welcome to give their opinion. That opinion and $1.99 will get you a small coffee. I log my stops as I see fit, since I don't do any physical unloading unless it benefits me time wise. I will let you in on a secret, a majority of cops, DOT officers, state troopers really don't know the law, they know enough to get by. Want to get certified in some field as a cop like field sobriety, counterfeit material recognition, railroad safety, etc??? All you need is a pulse and to listen to the instructor when he stomps his foot letting you know the answer to the upcoming test.
Their opinion will get them embarrassed in court as the attorney rips apart their poorly written report or citation and asks them to cite the federal regs. The response will be umm,errr,ummm, could you rephrase the question? Next time you get DOT'd I will bet you dollars to donuts that the officer doesn't even know what type of truck you are driving and has to ask you. -
you can't be paid detention if off duty.
dock time is on duty. maybe 1/2 hour for break.
I get paid after 2 hrs and I'm taking it. -
Toomanybikes Thanks this.
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