Another question about PC

Another thought bout what I said, in regards to a dot inspection. Try logging it off duty.....see what happens. But yet, I’m not being paid for said on duty time. So please, tell me, just how does compensation, (or lack of compensation) dictate duty status?? It doesn’t. Never has never will.

 

He was just trying to get to the nearest safe haven. Don't you know anything?

 

There are NO regulations that cover PC. If the FMCSA were to actually place rules for PC in part 395, CMV safety groups would be in court within days seeking injunctive relief and most likely would get it.

PC is a way for the FMCSA to allow a driver to use their CMV as a POV, AND because the FMCSA has wimped out on holding shippers and receivers responsible for detaining drivers past what's reasonable to the point a driver can't legally operate and then gets told to leave the premises. This entire system sucks and at some point, legal action is going to have to be taken. Another serious problem is the dwindling space for a driver to park for their mandated breaks.

Because there are no official rules on PC you will NEVER find any rules about being paid or not. This is more to what a carrier would do. Look at this last sentence again " Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden." Remember there is a HUGE difference between a rule and guidance. The 300 series rules found in title 49 CFR are up to the FMCSA to interpret and they do. They have determined moving a CMV PC is OK as long as the limited circumstances are met.

 

We were talking about getting paid vs. being on duty. Nothing about pc in that post.

 

I am agreeing with you. The FMCSA guidance on PC does not get that detailed. I was attempting to explain why. Being paid or not is between you and the carrier.

 

You're still responsible for the load.

 

Same could be said when you go in to eat.

 

Eating, unless done during the 10 or split. Does not stop the 14. So you're still on duty. Yup.

 

Ok.....no you’re not. You can log off duty to eat. You can’t log off duty during an inspection because it’s considered by fmsca to be a duty of your job. Again, has nothing to do with compensation.

 

You make it sound like you could never log off duty except for a 10 or split. That is about the worst interpretation of on duty I've ever heard.

Before spouting b.s., you might want to read 395.2. It's not that long.