HoS ?

Just make sure they aren't holding a "yellow tinge"!

could be bad to drink from you know!

 

You absolutely have to have permission in WRITING from your company, usually regulatory dept, such as the form Meltom posted.
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*The written instrument HAS to be with the driver in the truck at all times, especially in the event of a stop or inspection. If you do not have it in writing WITH YOU and you have logged off duty for breaks you may be put out of service. UPDATED - No record keeping requirement any longer - See FMCSR: 395.2. ------------------------------------------------------------------------
Most definitely will not be having a good day to say the least.

 

See I'm not as dumb as I usually act...or am I?

 

Is this a set-up question?

I sense a rebuttal either way it gets answered!

 

Naw, I'm feeling kind of dumb lately. So, do what ya gotta do.

 

850 miles won't even get you from El Paso to Orange!

 

Can you cite the regulation mandating the driver carry that card in order to log "Off Duty" time? If not, I've got to call BS. Hell, the new "final rule" for the HOS states that you MUST take a 30 minute "off duty" period within 8 hours of starting your day in order to continue driving. So how is that going to work if you have to have a card in order to show "off duty" time and your carrier does not supply one?

I have NEVER had any card giving me "permission" to log my off duty time as off duty time, and my off duty time has never been questioned by any carrier or roadside inspector. The regulations are pretty clear:

If I'm in the rest room, in a store doing my own personal shopping (i.e. picking up groceries), watching TV in the driver's lounge at a truck stop, etc..., I am not required to be in readiness to work, nor am I under any responsibility for performing work. Therefore, I am "Off Duty". I don't need the carrier's permission to be off duty during the work day. My job is to arrive at the shipper to load on time, and to arrive at the shipper on time to be unloaded. What I do with the extra time I have to make the trip isn't theirs to dictate how or what I do. It is mine, and if I choose to take a break, it isn't up to the carrier to choose when, where, or how long that break should last. As long as the truck arrives where it is supposed to arrive on time, I have met my obligations to the carrier. If I am not partaking in an activity specifically detailed as "On Duty" time in the regulations, I am "Off Duty".

 

I will find it and post when I get a chance to look it up. The regulation refers to "Meal breaks", etc and does specify it has to be "In writing."
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Found this so far on OSHA site: [FONT=Arial, Helvetica, sans-serif]Q: Under what circumstances may a driver record meal stops as "off duty" time? [/FONT]

[FONT=Arial, Helvetica, sans-serif]The driver must have written instructions from his employer, received prior to his departure, relieving him of all duty and all responsibility for the vehicle and its cargo for a definite period of time sufficient to reduce fatigue, and the driver must be at liberty to pursue activities of his own choosing and to leave the premises on which the vehicle is situated

HOWEVER, Their site has obviously not been updated as it still says there is no requirement for a break...
[/FONT]​

 

Good luck with that. I won't be holding my breath, though.

 

From FMCSR: 395.2: Definitions:

Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time?
Guidance:1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a Commercial Motor Vehicle (CMV) will be significantly reduced.
3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.

4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?
Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.
Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the Commercial Motor Vehicle (CMV) is laden with HM and the CMV is parked in a truck stop parking lot?
Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a Commercial Motor Vehicle (CMV) is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a Commercial Motor Vehicle (CMV), the employer and the driver must comply with §397.5 of the FMCSRs.