Use of Tractor as Line 1 (flagged)

From 395.2 of the FMCSR's

Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the FMCSRs to operate a CMV from the last stop to home and not show that time on the time cards?

Guidance: The FMCSRs do not address questions of pay. All the time spent operating a CMV for, or at the direction of, a motor carrier must be recorded as driving time.

Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?

Guidance:

1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.

3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier’s principal place of business.

4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver’s decision whether such time is recorded as off-duty?

Guidance: It is the employer’s choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.

Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the CMV is laden with HM and the CMV is parked in a truck stop parking lot?

Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with §397.5 of the FMCSRs.


From 395.8 the interpretations:


Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?


Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.

Like many have stated, this is open to intrepretation. What I think and what another inspector thinks may be two different things as "short distances".

 

Doesn't the time spent "Off Duty" subtract from your 14 hours if the time spent "Off Duty" isn't at least 10 consecutive hours or was the law changed?

 

Once your day starts, after your 10 hour break, all time less than 10 hours counts towards your 14 hours, all time less than 8 hours in the sleeper count towards your 14th hours, all time spent driving counts towards the 14 hours, and all time spent on duty counts towards your 14 hours.

 

Thanks. With the way everyone was talking about going "Off Duty" for meals and what not, I thought maybe the law had changed. Personally, I never have seen any sense in going into Line 1 unless it was going to be for at least 10 hours.

 

When I was at Prime, I would either bobtail from Port Allen, LA. to Shreveport or from the drop yard in Justin (Ft.Worth) TX. With no trailer and not under dispatch heading home I alway's logged off duty as I was using the truck for personal use to get me home. I was audited and nothing was ever said. Went to work for Marten but alway's had to come home with a trailer so it was logged on duty/driving. When bobtailing with F.F.E they FORBID logging off duty when bob tailing home. Must be on duty driving when bobtailing home and had better be within the 11/14 rule even if your 3 hours from the house and lack 15 mintues. When I came home to clean out my truck I didn't give a #### and logged as I saw fit because I was quitting them. Never did hear anything about it though.

 

Skunk, I had a call a few days ago because of the very thing you're talking about. I had logged line 1 to go from a receiver to get some food and rest. My daily average mph was too high, and when I told them that was because part of my time was line 1, they had a chitfit. Just a couple more months and I am done with all of this crap.

 

It counts towards the 14 for the day but not your 70 hours in 8 days .

 

Really? So you like burning up your 70 hours for the week when you go grocery shopping or eating or taking a shower? Just because it don't stop your 14 hr clock it does save you hours.

 

I've never ran like that. I used to drive for a company that ran day cabs pulling end dumps Monday thru Friday, unless we were iced out during the week, then we would come in on the weekend and run. The 70 hours has never been an issue for me. If you'll search my latest thread, you'll see where I'm new to OTR. Thank you for the info though guys. I didn't know it would save your 60/70 hours. Bare with me, I'm still learning.