Need dot consultant? Dot advice

My husband works for a company that constantly bumps him up against the 14 or whatever he has for the day. Often he is parked on a receivers yard and will have a prescheduled appointment. Recently they scheduled the appointment for 1:45 A.M, which was about halfway through his 10 hour break. They told him to get up, move the truck to the dock, unload, go back and park, finish his 10 hours and then start his next shift. He said nope, doesn't work like that. The company Safety Officer told him it was acceptable to interrupt the 10 hrs because he was on private property. Can I have chapter and verse for who is correct? These people seem to think the rules can be bent to accomodate their lousy dispatching and scheduling and lack of attention to the hours a driver has available. Thanks for your help.

 

What a company.

First, the movement of the truck is a violation of the off duty or sleeper time.

Second, what would they think if the driver went and bought fuel during the 10 hour break. After all, the truck never left the private property.

Third, the driver is not relieved of duty if they have to move the truck.

I will look for the regs.



http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx?#question37

Question 11: Must non transportation-related work for a motor carrier be recorded as on-duty time?
Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term "work" as used in the definition of "on-duty time" in §395.2 of the FMCSRs is not limited to driving or other non transportation-related employment


http://www.fmcsa.dot.gov/rules-regu...mcsrruletext.aspx?reg=r49CFR395.2#r49CFR395.2

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. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.

 

We knew they were wrong and telling him to violate the rules....they constantly dispatch loads that they know the driver can't make or might squeak through on. He won't run illegal and they know it. He told them upfront...don't ask, don't imply because I wont. Now he's looking for a real company to work for....

 

I was just reading the last few posts. I have already been over to FMCSA website and I don't know if I'm using the wrong search terms or what. I tried the same search terms here and can't find exactly what I am looking for.....

The scenario: We are sitting in a tiny truckstop. My hubby is bob tail. We normally try to park in other parking than take up the room that truck with trailer could use. However, this truckstop doesn't have parking that trucks can park at. They have car parking but there is signs posted no trucks....strictly enforced.
We have all ready moved once out of courtesy for another driver (easier hole to get backed into) but, hubby was awake sitting in front seat.
Hours later, we are well into a 10 hour break, ASLEEP, curtains closed and a knock.... driver with an artificial leg went in and asked the manager if he can make us move. And of course the awesome manager he is says YES!!!
If I am not mistaken there are guidelines for this but I can't seem to find them. We were legaally parked, on a 10 hour break in the sleeper and the truckstop manager told another driver to tell us to move. Can someone help me find the regulations that I'm looking for. I know it's there but a mumbled up in legal jargon. (I know the HOS guidelines but it seems there's something specifically about safe parking that I have ran across before)

Thanks for any help.

 

I was recently given a falsifing my log book ticket in Lewiston ID because I said I slept at one location when I actually spent the night about 2 miles away is this common to give such a serious job ending ticket for the difference of 2 miles I keep a really good log book and have never been cited for anything although inspected many times I was and still am in shock over being written up for a misdemeanor over a 2 mile difference the fact is I had never been tom Lewiston ID before and I spent the night parked off the side of a road where other trucks were parked I logged that I stayed the night at the flying J I discovered the next day about 2 miles away.

 

Pennsylvania tried to get me on that back in 1999. I said I slept at a town and was not there yet. I told him I stated the nearest town per the regs. I also mentioned there were no signs as to the mile marker in the area. He had watched me pull from where I slept and all.

Your mistake was mentioning the exact location when asked. You only have to mention the town.

 

That's when you look at the other driver and simply say, I'm sorry but I am out of hours and on my 10 hour break I'll gladly move when it's over and crawl back in the bunk, or just don't answer the door.

 

No he got me because between where I slept and the Flying J where I said I did there is a weight station and my transponder gave me away Im fighting it in court but it still sucks cost alot of money and is a waste of my time over 2 miles.thanks for responding ever bit of info helps

 

I would think 2 miles it would still be the same town in most instances. If so you are still legal if that's the name of the town you were in or the closest one to it per the regs. Good Luck

 

You have stated it again. You are saying that you said you slept at the J when you slept elsewhere. You are admitting to the false location.

I would think you might be better off stating in court that you referenced the J for night since you knew there was one in the town and it was how you remembered the town name.