Gotta love DOT, set up at rest area in the middle of the night.

State (or someone) should convert the lot where the independent truck stop used to be at exit 37 across from the pilot. Losing that 100 spots now there really is not much parking at all in the area.

 

I had to skip most of this thread because this question came to mind. I hope it didn't get asked already.

Let's say you're off duty and past your 14 hours, and in your truck sleeping. And the clowns come knocking on your door. In order for a driver to cooperate with the clowns, wouldn't that / shouldn't that cooperation constitute an on "ON DUTY" status? I mean, the driver is certainly not resting while cooperating with an inspection. I think cooperating in an inspection constitutes ON DUTY status.

So I think a driver can reply, "I'm OFF DUTY now, I'll be on duty later, good night." And if they persist tell them to pound sand, you're going back to sleep. If they force the inspection, your argument is that they're forcing you ON DUTY and that is a violation of HOS. And so on and so forth. No?


Jax

 

Few nights ago trucker path said they were set up in owego at 11pm at night. Back to hitting the trucks hard again.

The guys up on 88 from troop C aren't bad imo still somewhat human lol

 

"...forcing you ON DUTY and that is a violation of HOS."​

Nothing saying you can't go back on-duty without the required rest; only that you can't drive. However, I agree with your position regarding any attempt to force you on-duty for the purpose of an inspection and would inform any enforcement officer of the same.

 

CVSA tells officers not to wake up sleeping drivers, leave off-duty truckers alone

CVSA tells inspectors not to disturb drivers during off-duty/sleeper time for inspections

 

Interesting. I'm no expert here. I do not have my CDL as yet. I'm sort of a special case driver gonna-be. So, I don't yet know all the ins and out with H.O.S.

But, to clarify my point, and again, correct me if I'm off the mark. Gettin' learned never hurt anybody.

So, say you drove 5.5 hours. Took your 30 minute break, whilst simultaneously dicking around at a truck stop for say … 2 hours (eating lunch, sexing up multiple waitresses, using the restroom, buying worthless chrome, etc). Drove another 5.5 hours. That's 13 hours on duty (I think I'm right about that), and you roll into a rest area, and spend another hour dicking around with the truck at the rest area … whatever it is, checking the oil, running off the lot lizzards, etc. You're out of hours (11 hours driving, 3 dicking around, that's 14 hours). You go hit the bathroom and get in the sleeper and zonk out.

8 hours later the clowns come a knockin'. Doesn't my scenario then hold water? You're out of service hours and can't drive, until you get 10 hours consecutive hours off duty. Look at it like this. Say you've been in the sleeper berth (for example) for 8 hours. The clowns knock, want you to get up for an inspection. In my mind, being inspected should only be done as an ON DUTY activity. If a driver is forced ON DUTY after 8 hours, they have not fulfilled the 10 CONSECUTIVE hours off duty prior to driving rule. So when the inspection is concluded, a driver would then have to start over the 10 CONSECUTIVE HOURS off duty. Because at that point, the 2 remaining hours from the 8 hours off duty before the clowns knocked is no longer consecutive.

I may not be right about that, but that's what I'm thinking.

 

Yes, you're out of hours for driving and will need to adhere to the regulated rest period before driving again. However you can be on-duty indefinitely. Yes, going on-duty would interrupt your rest period.

Without getting into details, it's possible a driver could make a split-sleeper work, but it would be ignorant for enforcement to try and force a driver into that position.

Regardless of the terminology, think of the HOS regulations as applying to driving only and it all makes sense (as much sense as it can).

P.S. I didn't check your math so you had better not made a mistake.

 

Ok, so since this is the lunch counter equivalent, can you cite / citizens arrest a DOT officer for disturbing the piece if they wake you up during your rest break? They sure would be if they woke the Judge up in the middle of the night......

 

Tell them to go fly a kite until your rest break is over. You are off-duty, and unless they have a sign stating no overnite parking then they can go eat a big bag of chips.