Indiana says time at dock must be logged on-duty

Do you think they can't see where you are & where you going and how fast you are going right now?

 

And why shouldn't the OTR driver make exactly what 43cents a mile equals to hrly pay?
...more sacrifice requires more compensation right?
In fact there's not much of a difference accept the driver no longer fights the clock on the e-log system and he will actually be compensated for everything that comes with the territory with OTR
....there's no doubt the company can spot your progress from their home tracking devices so there's no need for fabricated explainations on time frames, appointment scheduling, adverse weather and such.
....then ask yourself ; would you feel safer on the highways when there's no more rush, rush, rush ? Or how about ;
How would your pocketbook feel about this ideal?

 

First please remember that I said I don't believe that particular interpretation is valid, just that an argument can be made.

Second interpretive guidelines hold no force or effect. They can be changed without going through any of the regulatory rule making process. All they do is state the agency's current viewpoint. At the end of the day the regulation is what matters.

There is enough interpretive room in the definition of "on duty" that even swift can back into it.

 

Get out of the stone ages. ---- Except for the O/Os, almost everybody is tracking their trucks now: Truck speed, location and direction is all relayed to management. Same with on board messaging. Many have drive cams and driver cameras.

Even devoid that technology, we now have freeways and an interstate transport system. Every road is mapped to within a foot of road and it all available 24/7 on line. Speed limits and travel times are all easy to compute. Weather, traffic data, and road conditions are at your fingertips. You got the phone system; all shipper's have had land lines for decades. All truckers have cell phones. All this didn't exist 80 years ago when these rules were laid out and CPM became a standard.

The world has changed and it's time for the rules of trucking to reflect the change so trucking companies can compete in the same market place for workers that every other business does. As it is now, trucking companies are motivated by the rules to not manage their businesses and misrepresent the job to prospective workers. They can fill cubicles with college flunkies that have no management skills, no trucking skills, no customer relation skills, or even no math ability because it is perfectly easy to dump the management problems on the CPM driver. It costs them nothing to do so.

 

His post was you can't be paid detention.....

 

I just saw their Facebook page and they did make this clarification:


Attention folks!!!

Apparently it is getting spread that Indiana DOT Will be requiring guys to log on duty while at the Dock!!

This is not the case!!!

We had questions as to what exactly on duty time was vs off duty.... I defined them.... that is all..... the decisions still and always has been up to the driver and company to decide.....

We did not at any point say you had to do one or the other!

This was a screen shot of what I was sent..... with the question "What is the correct use of on duty?"

Obviously this has confused many people out there.....

If you have questions please pm me!

Thanks"

 

NO it is not clear. It used to be clear, but the rules were never followed as intended or written.

Since 2013 the guidance has been revised and not only did that make the rules more unclear and confusing, it may be read to be contrary to the original rule and intent. Indiana is just echoing all the confusion that is really out there thanks to the FMSCA and their guidance.

It is not truck drivers that are confused as much as it is the FMSCA, those they use to enforce their rules, and many of those that pretend to understand the rules. Now, expect each jurisdiction and officer to read the rules differently and expect their reading to hold up in court. But thanks for adding to the confusion.

 

Not sure if you're taking me to task or the ISP but if it's me, don't shoot the messenger. I just saw this come across my Facebook page and thought I'd share it.

 

when a company gets audited all money paid out must match with time sheets/log entries. being paid for not working,(ie, off duty), doesn't go down with accountants.

 

So what you are saying is you are full of it, can not cite a law as it doesn't exist, and instead of admitting you are wrong are showing your ignorance in this area by spouting yet more bs. Gotcha.

In the future, it's always better to remain silent in let people wonder if you are ignorant, instead of opening your mouth and leaving no doubt.