I've already stated that there is a difference between what the law requires, and what is generally accepted within the industry. Just because it is generally accepted doesn't mean you cannot get a ticket for logging it as such if the cop wants to be a prick about it.
The law is the law...and it's pretty clear. Log it legal, or risk the citation. Just because a citation is unlikely to be written does not mean it would never under any circumstance be written.
Pre-trip, enroute and post-trip inspections! Surprises?
Discussion in 'Questions From New Drivers' started by JustSonny, Jun 19, 2010.
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Saw some drops of Oil and checked it out. Filter was coming loose. caught it in time!
JustSonny and rubbergearsnextyear Thank this. -
Seems pretty obvious to me...
JustSonny Thanks this. -
Define resting lol. Like I said, if I'm sitting down and not working that's resting. If I happen to be doing that in the sleeper berth, it's line 2. Besides maybe cleaning, what else are you doing in the sleeper berth besides resting (No sexual jokes please lol but even then you usually rest after)?
No where does it say you half to be asleep.JustSonny Thanks this. -
Well, then when in your sleeper and claiming sleeper berth:\
1. You cannot watch tv. You are not resting.
2. Better not be on the computer, you are not resting.
3. Better not be eating, you are not resting.
And etc.
The wording you quoted is from the definitions section of the code. It is to show the difference from the driving area and the sleeper berth.JustSonny Thanks this. -
You can use whatever definition of "rest" you want to, but if you wreck and the person you hit hires a lawyer that looks at your log book and sees excess sleeper time when it SHOULD have been logged on line 4, and if you had logged it as you were SUPPOSED to, you would have been over hours, you are going to be in a world of hurt. Not only for the log violations, but any damage awards will be significantly higher as a result...and don't think they can't sue you personally as the driver ESPECIALLY in cases of negligence and log falsification.
It's a risk you take. I'm not saying I wouldn't log line 2 myself in certain situations if I had a sleeper on my truck...just that it isn't LEGAL to do so when waiting for a service truck to arrive or while loading or unloading. Like I've stated...generally accepted practices within the industry often times run afoul of the actual laws.JustSonny Thanks this. -
My girlfriend doesn't get much rest at all after I eat beans lol.JustSonny Thanks this.
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But if I'm in the sleeper, I can log it no other way. There is no On Duty Sleeper line that I'm aware of.JustSonny Thanks this.
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Again, like you are saying, resting and sleeping are two different things. You can watch TV while resting. You can be on the computer while resting. You can eat while resting. However, if you are "on duty" while remaining in a state of readiness to operate your CMV while you are being loaded or unloaded, or remaining in attendance of the disabled CMV while waiting for a service truck, you are NOT resting. While you may not have any specific job-related task to be doing at that particular moment in time, you still have to remain alert so as to be able to get back to taking care of your job requirements when called upon to do so.JustSonny Thanks this.
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You just log it as "on duty". In order to log sleeper time, you must be RESTING in the sleeper. If you are on duty for any other reason, such as loading/unloading or remaining in attendance of a disabled CMV, you are not resting....even if you are in the sleeper berth.JustSonny Thanks this.
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