7 Points for not switching to SB after Off Duty

This is the correct answer.

LEO is wrong. Dataq it and talk to a supervisor.

 

I think he went and got himself banned. At least I haven't seen his stupidity in a good long while. Plus when one goes to his profile page it errors out. That usually means banned profile. At least I know X1 has me on ignore and I can see his profile....

 

Your quote says you are wrong.

Here, let's highlight it for clarification.


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:

(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;


The only argument one can make is the word resting. Kinda hard to make that if one is asleep though. While the op never specifically said the driver was asleep, I seriously doubt he wasn't.

 

(d) The following information must be included on the form in addition to the grid:
(1) Date;
(2) Total miles driving today;
(3) Truck or tractor and trailer number;
(4) Name of carrier;
(5) Driver's signature/certification;
(6) 24-hour period starting time (e.g. midnight, 9:00 a.m., noon, 3:00 p.m.);
(7) Main office address;
(8) Remarks;
(9) Name of co-driver;
(10) Total hours (far right edge of grid);
(11) Shipping document number(s), or name of shipper and commodity;

Number 11 covers Trip ID, number 3 covers trailer number.
Now if you don't have one, like being bobtail, empty going to shipper, etc then you obviously don't need to have that information. Just like you don't need a co-driver's name if you don't have one.

That being said, I always put empty or bobtail in the notes so if I get a picky DOT officer (Like the op got) my bases are covered.

 

KS

 

The actual reason there is still SB is that in case of an accident, the insurance company might not reimburse the driver for medical bills if logged off duty when in a sleeper. Log Book serves as an official document. It becomes a nightmare in the court.

But all in I agree with you.

 

As matter of fact we are fighting this, can you be more specific as to which section of 395.2 code.
we are going with 395.8(b)

 

I have been. they are sticking to 395.8E.
I called an FMCSA field office told an officer what happened, I swear I kinda heard him giggle once I revealed the violation. Yet He said there is nothing they can do.

 

Did your driver receive a ticket or just a note on inspection?

 

Just a DVER with the violation, no citation.