HoS ?

Discussion in 'Questions From New Drivers' started by FreightlinerGuy, Jan 7, 2012.

  1. LogsRus

    LogsRus Log it Legal

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    Your employer has to give you written permission prior to dispatch, most companies do give this to you on a card. If they do not give you permission, it's on-duty not driving.
    When you are at a customer, it's hard to be free to do what you want to do, usually the customers wants you there, ready to move the truck when they are done with you. There is times/cases where they allow you to leave the property to grab a bite to eat, maybe they took longer and feel you deserve to eat :).
    Below is the DOT Q&A's relating to this topic.

    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(Answer):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. (meaning if the driver wants to log it as on-duty, they can), not sure why one would want to log on-duty as this would go against your 70 hr.

    I get allot of drivers that say, well it doesn't matter if it's on-duty, it still counts against my 14 hr clock. They are correct, it does count against your 14 hr clock, however it saves on your 60/70 hr rule so you definately want to log off duty, anytime you can
     
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  3. FreightlinerGuy

    FreightlinerGuy Medium Load Member

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    You care to explain how, or why people are getting away with logging off-duty at receivers when the regs say it's suppose to be on-duty-not driving?
     
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  4. RickG

    RickG Road Train Member

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    I do that often . In many cases with hazmat drivers are not allowed near the truck during unloading . Our company policy is if we leave the keys in the truck and someone qualified to move the truck in case of emergency is present we can log off duty .
     
  5. LogsRus

    LogsRus Log it Legal

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    I am going to take out the one's that do not pertain to customers & the link I posted should take you there to read all so you can determine.
    What it boils down to is how you read it. I have been through many dot audits and one being the toughest one ever and never had a problem.

    They are saying, time Loading or unloading meaning f you are PHYSICALLY loading/unloading/standing on the dock assiting, attending a motor vehicle (you have to stand there and wait) the customer makes you stand there and wait as some might do. Most customers do not want you around, they want you in your truck. I always tell my drivers to ask the customer if it's ok if they go to the sleeper and the customer can knock on the door when they are done.
    If that's the case, you are LEGALLY logging the correct duty status, your body was in the sleeper (now you MUST take your body and go to the sleeper). You MUST log on-duty not driving when dealing with the customer and DOT/Logs knows you must deal with them and expect to see on-duty time. If you have to assist with that load the whole time, then it's all on-duty not driving.
    The DOT big book, actually says something being at a customer and I do not have it at home, however you log as your company requires you to.
    I do know being off duty at a customer is NOT usually going to happen, you have to be free to do as you chose and that's usually not going to ever happen or the company has to relieve you of all responsibility. Which could be possible in some cases.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2


    On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include:


    (5) All time loading or unloading (you loading/unloading)a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded (you are standing there attending to it) , remaining in readiness to operate the commercial motor vehicle (sitting in the front seat waiting) or in giving or receiving receipts for shipments loaded or unloaded (must be on-duty, you are dealing with it)

    Again, you always log as your company requires, a company can be stricter and or they can always read it the way they want to. The DOT doesn't tell drivers or company's how long a driver should log this or that in most cases. The general rule is, log it as you do it. Therfore if you are in the sleeper, you log sleeper :)
     
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  6. LogsRus

    LogsRus Log it Legal

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    fyi: The red is me typing
     
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  7. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    Not to hi-jack the thread but It's great to see you on here:biggrin_25514:

    Back to our scheduled thread :biggrin_25525:
     
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  8. texan007

    texan007 Medium Load Member

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    On doodie! That's funny otherhalf
     
  9. LogsRus

    LogsRus Log it Legal

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    I hope :).. I want to try, I keep coming and going l.o.l. It was hard to stop coming back, then I keep trying and trying and it's hard to get the habbit back l.o.l. I don't get much time during the week, mainly weekends and then I really don't have time but I have been non-motivated to do to much around the house l.o.l.
    thanks for the welcome :). I miss you guys! I hope everyone is still around ... :biggrin_2554:

    Now I have to get the one's who don't know me to know I do know the regs and I am ok if I am wrong at times :)...:biggrin_2557:
     
  10. FreightlinerGuy

    FreightlinerGuy Medium Load Member

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    Thanks alot LogsRus! It makes perfect sense now =)
     
  11. LogsRus

    LogsRus Log it Legal

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    Indianapolis, Indiana
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    Well please understand, it's how each COMPANY perceives it and how they set their rules. I will say an officer just might ask you, how can you be in the sleeper at a customer. It's simple, if you followed my directions.. The customer didn't want me on the dock, they was going to take a few hours, so I asked if they mind I went to the sleeper, they did not have a problem so I laid down or hung out to read a book etc. I am not saying Lie and say you was in the sleeper at all. Make sure you can legitlly take your body to the sleeper.

    Always log sleeper, when your body is in the sleeper, you never log "off duty" if your body is in the sleeper.

    You are very welcome
     
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