The Indiana State Police - "Effective immediately .......

The Indiana State Police weighs in. "Effective immediately, all time being loaded or unloaded must be ON DUTY time. We can no longer use it as OFF DUTY time per FMCSR 392.2, 30 minutes breaks will not count at the dock !!! "

What the .... is going on in Indiana ????

 

They're just going to enforce the regs as they are written, as they (and every other state) SHOULD have been doing from the start.

§395.2 Definitions.

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. 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 would think section 4 (ii) would supersede 5.

If I’m in the sleeper, I’m logging line 2... at a shipper or not.

 

And that's something you can argue with the officer about. Sleeper is NOT the same as off duty, though, so if that is where you are AND YOU WERE RESTING, then you might have a leg to stand on. If you were back there catching up on paperwork, trip planning, or doing other work related tasks then you aren't "resting in the sleeper" as required by (4)(ii) and therefore it could be argued that you should have logged the time on line 4.

 

The shippers and receivers I go to are all very fast and efficient and have a break room. Plus I'm a "good backer" and don't wast time trying to hit the dock. And I challenge any CMV cop to prove I "falsified" a loading or unloading entry where they were not there. I'm gonna do it the way I've done it for 30 years and never had any problems. You do what you want.

 

You have a source?

 

There is a thread...

Indiana says time at dock must be logged on-duty

And Indiana clarified their statement; basically, nothing changes.

 

Cops have been known to phone shippers and receivers to verify info...arrival & departure times, or anything else you might've told them as you try to BS your way out of trouble. You tell the officer that you were in the driver's lounge, and the shipper says "We don't have a driver's lounge...drivers are required to remain in their trucks" and your problems are just beginning.

18 U.S. Code § 1001

 

I thought the whole reason behind elogs was to prevent people from working 100 hours per week? Logging line 4 time on line 1 or 2 only enables that sort of behavior. Sorry, but if that's what it takes to make ends meet, count me out. If I've got to work more than 40-50 hours in a week, I'm either not being paid enough for what I do or I'm doing the wrong thing. I see no reason to try to hide my hours worked, and "productivity" doesn't suffer at all. I do what I do as quickly as I do it, and it gets logged accordingly.