Is this legal?

Flagging at less than 7.5 minutes and logging at over 7.5 minutes was always explained to me as a matter of rounding off to the nearest quarter hour. It's not an "official" rule, just a bit of the mythical common sense.

And as far as logging activity at a different time then it actually occurred, yes. It is the ultimate definition of false logging. But in the real world, you and I both know it happens all the time, Scalemaster. Bending (or breaking, depending on your viewpoint) the rules is sometimes necessary as long as drivers need paychecks, load planners and dispatchers are idiots, and shippers/recievers don't give a rat's behind about the driver's sleep or schedule.

 

i can't imagine logging 7.5 minutes and tryijng to do the math. or the sloppy writing

i'll keep it in 1/4 increments.

besides, my computer only does 00, 15, 30, 45, and 59.
don't ask me why the 59.

 

You can work for how ever long you want after your 14 hours are up BUT you CAN NOT drive until taking a 10 hour break providing. you have time left on your 70. So say you get to the shippers right at your 14 hour mark. you can than spend say 4 hours unloading on duty, after you would than need to take your 10 hours off before driving again. Those hours will also count towards your 70 also. And yes you can also work more than 70 but again can NOT drive till taking at least enough time off to gain time back on the 70. A few years ago I would work Mon - Fri and use most, if not all of my 70, than spend Friday evening, Saturday morning and afternoon cleaning and working on equipment and be ready to go back to work Monday am with a full 70 due to a restart, but would put in well over 70 hours in 6 days.

 

I would just not pay any attention to rude comments, just not worth your hastle, but IS it legal?, short answer: no, but It's just part of the job, I dont like it ether, Arrive at destination at, Lets say 9pm, have a midnight del. appt. cant get back to sleep, messes up my entire next day

 

in reality, you do what you have to do to get the job done. now if i had to physically unload the trailer someone would be paying me. this job has no set schedule that much is certain. now if you are on paper logs, then you can work the system to your advantage. i am not telling you to break the rules, but as you progress in this industry, you learn how to work things in your favor.

 

"No, no! I'll get it off!'
Coils: Jackknife the truck, and rock it with granny gear.
Lumber: Snip the steel cable and go around a corner at high speeds.

 

Like someone else said, is it legal....no. is ti expected at some companies.....yes. worse issues happen every day of the week. I try not to sweat the small stuff, I appreciate the FMCSA and the DOT but they don't worry me as much as a lawyer does. When policy/decisions are made I feel that someone should consider what actions you can defend in court. While the definitions clearly state this should be on duty, I think a reasonable person would understand that disrupting, and potentially restarting, a 10 hour break for 9 minutes worth of work would cause a significant loss of pay. In this economy I can make people see that this should be overlooked.

 

I don't think you could. They are shift-working people that have no understanding, hence no sympathy for rule violations, especially if it ends in a death.

If a lawyer is needed, any "weakness" is going to be exploited and appropriately so. The rules are clear and finite on these matters.

If you're waiting, fine, go off duty if your carrier lets you, to conserve your driving/working time, but as soon as you're loaded, you should show on duty and then go off duty for your 10 hour break (which is why shippers/receivers should be required to allow overnights) so you can be legal. This covers the company, the driver, and the shipper/receiver.

Is it inconvenient?

Yes, but so is over booking appointments and inducing drivers and carriers to violate HOS so they can keep the business. Incompetence at the shipper/receiver should not be borne by those who are least able to affect/change it. It would be incentive for shipper/receivers to better schedule their logistics, or incentive for the carrier to press for better utilization of their assets....because that won't happen until a cost is borne by them to do so. EOBR's are going to be the incentive.

Anything else is illegal, and when you have that EOBR, it will show the violation...whether a lawyer glosses it over or not, it occurred and there is a computerized record of it. A lawyer gets those movements on record...and you just lost an HOS point and the company and driver is guilty of "hiding" an illegal activity.

 

Change needs to happen. Unfortunately I don't think it will, too many companies will do anything to accommodate the customer and for good reason. If you bend over backwards to meet your customers needs, compliant or not, they'll take care of you. If you fail to meet their needs until the change comes, if it ever does, you'll be looking for new customers instead of rate increases.

 

Agreed and understand the reality, but these incentives should at the least start the "working together" aspect of the relationship, hence I bring up the point of the driver doing what he has to do, and letting those that don't like it, do what they have to do. As a driver, I have to protect myself, and in so doing, I'm protecting the company from exposure. If something needs to change because it bothers or inconveniences the others, they will need to do something. If they continue to make a driver pay for their inefficiencies, then they will have the problem of getting drivers..and lose the business anyway..as any good driver unless he likes this kind of abuse or is an indentured servant to the company, should not tolerate his time/income being affected.