So my company has no line 5, how should we be showing our personal use time. I know some guys are going to off duty, making a remark that the truck is being used for personal use, logging out, and when they get back logging back in. Is this the correct way to handle personal use, or is that going to come back to bite them?
No line 5 for personal use on elogs
Discussion in 'Trucking Industry Regulations' started by Meltom, Jun 2, 2011.
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When I worked (for free) at Butler Transport, we had line 5 available, but the driver had to call in to compliance dept and have the girl fix it. They wouldnt allow us to do it ourselves LOL
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I ran with an E-Log company for awhile, and we didn't have a Line 5 either. Personal drive time had to be OK'ed by dispatch, and they would set it up. I used it alot for driving home for hometime. I would request PDT, and when I arrived home, would send a message stating such to "turn off" the PDT. Worked out pretty well for me.
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just out of curiousity, what do you think would happen if you were involved in an accident while driving on this imaginary "line 5"???
Rocks Thanks this. -
I imagine you'd have to come back on duty, probably wouldn't be too many problems if you weren't under dispatch and were running bobtail. Could be significantly worse assuming you're using it incorrectly as I suspect many are.
But that is pretty much the reason for my question. I don't want to be in a situation where this comes back on a driver. -
I'm sure the civil suit would not be very much fun especially if you were out of hours and on "line 5"!!!
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Agreed, anytime I'm talking to drivers I let them know that nobody outside of trucking likes them. Especially Jury members.
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What is the point you are trying to make?
Personal use of an unladen CMV is entirely appropriate, assuming the regulations pertaining to same are being followed... which, of course, is applicable to all activities regarding the use of property carrying CMVs. A driver who is "out of hours" may still use an unladen CMV for personal use, regardless of whether we are talking about their 11, 14, or 70. However, a driver may not use a CMV for personal use if they have been placed OOS by an authorized authority.
What is "unladen"? Doing a quick search of the FMCSA regulations, I did not come across a specific definition of unladen. However, it seems the most commonly accepted definition is a tractor that is bobtailing (and not under dispatch or the direction of a motor carrier as that would be a violation of the personal use provision). Some O/O argue that they are unladen when they are empty. As an O/O myself, I do not agree with that definition and only consider myself unladen when I have dropped the trailer.
As to the amount of driving that may be done, the FMCSA stipulates neither distance nor time, but makes reference to a "reasonable" amount. Unfortunately, that can add some level of peril to the personal use of a CMV as each individual's definition of reasonable can be different. (BTW, in Canada the distance a CMV can be driven for personal use is codified). IMHO, the peril is quite small though.
While one should always be cognizant of the possible legal ramifications of any activity, and doubly so as a business owner, many members of this board have a level of concern in this regard that borders on hysteric. If you are one of those that is so overwhelmingly concerned about such things you may want to seek another occupation and possibly professional help regarding a potentially unhealthy fixation on such matters.
(DISCLAIMER: The last paragraph is not directed at any particular member, but utilizes "you" as an ambiguous identifier of readers of this post... but you crazies know who you are
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tracyq144, TankerYankr, 25(2)+2 and 1 other person Thank this. -
That would be why it would be a civil trial and not a criminal trial. Kinda like how OJ wasn't guilty of murdering Nicole Brown and Ron Goldman, but he was ordered to pay millions for causing their deaths.ronin Thanks this.
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Like I said before elsewhere, do what you want.
But don't hurt me or my loved ones and don't come crying on here when you get caught or the improbable happens and some Plaintiff's attorney ends up taking you to the cleaners.
I also utilize your disclaimer with the following modification
For those of you that insist on bending the rules to suit your wants and needs or find the regulations too onerous to obey...you know who you are!
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