Change of Duty Status

Discussion in 'Questions From New Drivers' started by Dave_in_AZ, Jun 1, 2019.

  1. otismyman

    otismyman Light Load Member

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    I had to break out the dictionary for that, maybe first time when reading TTR
     
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  3. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    8.

    And 4 does not exclude it.

    It can't be both ways. Either every action pertaining to the operation of the CMV is on duty or it's not.

    And the MC is bound to do what the feds require, not vice versa.
     
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  4. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    Won't be the last, I assure you.

    When you have no leg to stand on, enter a mountain of fluff to distract.
     
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  5. ZVar

    ZVar Road Train Member

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    4 nor 8 does not specify changing duty status. Remember you are the one that dismissed "spirit of the law" That leaves letter of the law.
    There is no letter of the law that specifies it.

    Now if you do go back to spirit of the law then the guidance is allowed in that it specifically states short, non repeating tasks are off duty.

    You cannot use letter of the law for one point, and spirit on another.
     
  6. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    So you're interpretation of the spirit of the law is absolute? I don't think so, nor do I need it to prove my point.

    8 clearly reinforces my point, and 4 is a list of specific exclusions. And it is not specified.
     
  7. ZVar

    ZVar Road Train Member

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    Of course not. But you are the one that dismissed spirit of the law. Since you dismissed that it's up to you to prove letter of the law which you cannot as there is no letter of the law specifying interacting with logs.

    The guidance states it's not against the law if you want to interpenetrate it loosely. You know, like you are interpenetrating rule 8 and 4 loosely.

    By strict reading it's not against the law so the whole premise of the post is false. By loose reading of the law guidance kicks in so again the whole premise is false. You simply cannot read one section loosely and another strictly. Life (and law) doesn't work that way.
     
  8. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    It's not a loose interpretation. It specifically states anything to do with operating a CMV.

    4 is a list of specific exemptions, it's not there.
     
  9. Moose1958

    Moose1958 Road Train Member

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  10. Chinatown

    Chinatown Road Train Member

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    Well, getting in your car to drive to work is also work related.
    From the moment your alarm clock rings, beside your bed at home, starts your work day.
     
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  11. not4hire

    not4hire Road Train Member

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    Because this is actually covered in the regs. But, like any good treasure hunt, I'll let you discover the answer on your own.
     
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