Work fulltime weekends. Drive Mon-Thurs?

Somewhere in the DOT rule book is a paragraph that says that if you are a driver subject to their rules, any time spent working, even at a second job not related to trucking, that time must be counted as on duty not driving. Crazy? Yeah. Typical government bureaucratic BS sticking their noses in our business. Enforceable? I've never had a dot officer ask for my W 2's.

 

Like anything else , have a serious accident and have a lawyer get the microscope out .
I'm surprised the IRS and DOT haven't teamed up . They'd have a field day .

 

1.) 395.2 : 9

2.) No, actually if you are working a second job (Employment for compensation) then you are ON DUTY NOT DRIVING and your 34 hour restart does not begin till you have clocked out from the last period of compensated work over 70 hours in eight days.

Some driving jobs don't pay as good as McD's around here.

 

I have not personally read the agreement. However, my understanding from the many articles I have seen and discussions I've listened to indicate that part of the treaty that was signed through NAFTA, all countries agreed to create and maintain rules, licensing, data bases, and tracking systems for all commercial drivers in their countries.

In addition, it is my understanding that no ONE SET OF RULES came out of NAFTA, which may be one reason for the problems. The United States and Canada each created rules / laws governing commercial transportation. While they are similar, they are not identical; I point to the US's 34 hour restart rule as compared to Canada's 36 hour restart rule as an example.

MEXICO HAS NOT EVEN BEGAN TO WRITE THEIR RULES. What the heck, so it's only been nearly two decades since NAFTA was signed; is everyone in a hurry or something. gheezzz...

 

I did the same math you have and come up with the same answer.

(Mileage pay + fuel surcharge = A) - Cost of doing business as O/O = Y

Y < / = Company driver pay

Result: Why O/O unless you have a good paying account set up.

 

No, you are not "off duty". You are working...on duty...at McDonalds....but you are not driving, therefore your time flipping burgers is to be logged on line 4.

You might be able to get away with not logging the time at a second job for several years...the carrier may not put too much effort into trying to "catch" you. However, if you ever have an incident resulting in injury or death, you can be #### sure that other person's attorney is going to get his hands on any and all records that could possibly show log falsification....including bank records, which could possibly show debit purchases at a location other than you are claiming in your log book, which would be the primary justification for seeking them. So now he looks at those bank records and notices a regular deposit every week or two from a second employer. Guess who is getting the next subpoena to hand over employment records? Yup. You're busted.

Now that attorney is going to sit down and figure out how your log books SHOULD have been filled out had you been following the law....and when he tells the jury how far over the HOS you were when you injured/killed his client, your goose is cooked. It takes a simple traffic crash and catapults it into CRIMINAL court....manslaughter, etc..., as you INTENTIONALLY violated the HOS, leading to the crash.

Like I said, you MIGHT get away with it for a while....but eventually something can happen that is out of your control and you'll be spending the next 3-5 years (or more) behind bars.

Was that second job really worth it? Seriously, if you can't make ends meet working 70 hours per week as a truck driver, you're working for the wrong carrier. Hell, if I can't make ends meet working 40 hours, I'm not happy...the other 30 hours I have available is just money in the bank.

 

I wouldn't even roll out of bed for $0.49/mile as an O/O. It costs me $0.63/mile just for FUEL.