Truck Driven by Temporary Driver While in (Sleeper Berth) Reset...
Discussion in 'Questions From New Drivers' started by Jax Graddy, Jul 7, 2020.
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The company PU is a commercial vehicle by definition tho.
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I would say yes, although I will admit it's not a specific inclusion in the regs. The regs do state the definition of on duty time is "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."
I would say one isn't relieved from work until the work pickup is back in the yard.
Now if he took the work pickup home, yes I can see that being off duty.
That's company policy. No regs limit one to working 70 hours a week. One can work 168 hours a week if they so desire, they just need to take the proper rest (likely a 34 reset) before driving.wis bang Thanks this. -
Just a question. But wouldn't he be "relieved of work" by the other driver taking over?
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A cmv is any vehicle used in commerce with a gvwr of 10 ,000 or more lbs. A bus designed to carry 15 or more people, or any vehicle carrying a placarded amount of hazmat.
It's a pickup, so not a bus. It's a pickup so unlikely carrying enough hazmat or over 10,000 lbs...
It's unlikely a random pickup is an actual cmv, even if owned by a company.Wasted Thyme Thanks this. -
In the United States a vehicle is designated "commercial" when it is titled or registered to a company. This is a broad definition, as commercial vehicles may be fleet vehicles, company cars, or other vehicles used for business.
wis bang Thanks this. -
I would not want to be justifying it during an inspection....
He is obviously relieved from the semi, but driving the company truck at the direction of the company? I think it would be a hard argument to make.Wasted Thyme Thanks this. -
Try to make a NJ state Trooper [someone who considers himself on a par with God] that John Smith in a XYZ carriers uniform shirt driving a pickup registered to XYZ carriers 'off duty' at an accident scene....
and most companies would not have their relief driver bring Mr. Smith his personal vehicle.....ZVar Thanks this. -
A cmv has a specific definition from fmcsa....
Electronic Code of Federal Regulations (eCFR)
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. -
Broadly defined, a vehicle may be considered a commercial vehicle if it:
- Belongs to a company or corporation
- Is used for business, but is in an individual's name, such as a sole proprietor
- Is a leased vehicle and in the name of the financial institution that owns it
- Exceeds a certain weight or class and therefore, is "classified" as commercial even though it may not be commercially used or commercially owned. A weight rating of 26,001 pounds or more is always considered commercial[3]
- Is used to haul any hazardous material
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