PJ, if you are physically in the cab of the truck you are on-duty not driving regardless of what your employer says. The CHP was not there to witness you being in the cab; therefore, they could not question your status when you logged off-duty. I have cited team drivers for false logs when one of the team members logged off-duty while the vehicle was in motion.
The rule is clear any time in or upon a CMV is on-duty see number 4 below:
Be safe.
Off duty in a daycab.......
Discussion in 'Trucking Industry Regulations' started by Powell-Peralta, Jul 3, 2010.
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The exception does not modify the defition of on-duty time if the driver waits in the vehicle. The driver at an oil field site would have to have exit the vehicle to claim the exception.
Be safe. -
If your delivering too a construction job site and you have to keep pulling up in order to keep the line moving is that driving time. P.S. Just curios.I don't do this kind of job anymore but I used to.
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Regardless of where you sit in or on the vehicle you're on-duty. The passenger seat is still in or upon a CMV.
If you're at the junk yard looking for parts to fix your truck you are on-duty not driving. If you drove a vehicle with a GVWR of 10,001 pounds or more to the junk yard you log driving time.
Commerce is the key. Anything while punched in or under dispatch or conditioning the vehicle to make it ready for work is on-duty.
The driver that picked you up would be in violation od Part 392.60 as the driver must have their employers permission to transport any passnegers:
http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=09016334800238f6
If the friend pays you to wash the truck then you record it as on-duty not driving.
If you drive the truck to get fuel then you log it as on-duty not driving. The truck is a commercial entity; therefore, regardless of who operates the truck to repair it or fuel it is conditioning the truck for commerce.
Be safe. -
Just drive it. Make a bunch of money and go home.
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