Landstar / EOBR

Except, if you read the discussion of question 26 in the FMCSA definition of the various regulations, it outlines going to eat, lodging, and any number of scenarios that are allowed for OFF DUTY DRIVING. None of which have anything to do with home terminal. As for getting sued and your assumption that one is going to outright lose, not so sure. A person can sue for any variety of reasons, but proving negligence is another thing. If I am negligent for driving off duty, legally, then everyone who just got off of work and is driving home better watch it also. They are negligent as well, in that they have completed their duty day, albeit in an office or factory, and they are driving off duty also. Just not in a CMV. But then, the vehicle is only classified for CMV purposes, if it is involved in commercial activity. Not being loaded, not doing anything related to the job or commerce, the vehicle is no different than a large RV. I could even take the MC # off the side and it would be legit since it is not involved in commercial activity. I will concede it would be a tough case, but I don't have that large of a paranoia gland to think that there is a law suit just waiting for me around the bend. But I also think that each person has to make up their own mind based on their comfort level. If one chooses to "put a fence", so to speak, around the regulations so that they will never be in violation, nothing wrong with that. But in my 13 years working for the Federal Government, and all the years since, I just never had that super cautious view.

Regarding your other post about the 8 and 2 split. That is one of the pluses about the Elogs. No having to calculate anything and risk messing times up. The Elog, at least mine, does a nice job of calculating it all and keeping track of 11 and 14 and stopping clock for an 8 break, etc. This split thing is a killer to some folks who just can't seem to keep it straight. I never really had that problem on paper. But I have no problem delegating that responsibility to the Elog.

 

I think we will have to agree to disagree. I cannot find a real definition on laden vs unladen. Also, like the QA below points out, there is CONFLICTING guidance given by the FMCSA (which is normal for them). This means an officer will never really be wrong and you will get a ticket and fined if they so choose to take up an issue with you on your definition of laden or unladen status.

I guess every driver has to make their own determination but I would say that it is ultimately up to the carrier since the carrier can override anything you may want to do legal or not with their own rules.

For me. I am going to stay on the cautious side and avoid getting into the argument in the first place. If I follow Part 395.2 Question #1 guidance, I KNOW I will always be safe. If someone steps outside of that safety zone, good luck.


http://www.tenfourmagazine.com/2012/05/ask-the-law/atl-may-2012/
PROPER DEFINITION OF A LADEN CMV
Q: I would like to request a more detailed definition of what would be considered a “laden” and an “unladen” CMV. After I am relieved from dispatch and motor carrier responsibilities, am I allowed to drive to the nearest truck stop/rest area with an empty trailer being off duty or does that only apply to the tractor by itself? Thanks – Alan in Texas
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: You have asked a good question. Nowhere in the DOT regulations does it define what a laden vehicle is. There are some examples of what a driver can and cannot do if the vehicle is laden, but those examples are limited to a vehicle being loaded with hazardous materials. There are those in the enforcement community that say a vehicle is ladened if you have a trailer, regardless of whether the trailer is loaded or empty, while others say that a trailer is ladened only if it is loaded. Whose definition is right or wrong remains the interpretation of the trooper/inspector who has you stopped. There is one interpretation, found in Part 395.8 Question #26, which says that a driver is allowed to drop their trailer and bobtail to various locations (food, entertainment, or shopping) while en route or once the driver reaches a location and drops their trailer and bobtails home and back to the location of their trailer before starting their next trip. But, another interpretation, found in Part 395.2 Question #1, states that all time spent at the controls of a CMV are to be recorded as driving time from the last stop to home. So, based on not being able to find a definition of what a ladened vehicle is and with the two examples used, I cannot give you an answer that is going to be fool proof. What I mean is, I cannot give you an answer that’s going to keep you from possibly getting written up for moving from your last drop to the nearest truck stop or rest area.

 

Hey all,

Just signed onto Landstar and going to orientation in St. Augustine, FL this Monday 9/24/12. They told me that I am not required to get an EOBR for my truck although I can get one if I wanted to. I think that only the marginal O/Os that they lease on must get one. By marginal I mean the O/Os that had a log violation on their record.

All the best,
Larry D

 

It is correct that it can be a problem, Gunz444, if you get that rogue Barney Fife that stops you. I have been stopped a couple of times while doing this, once with empty trailer, and have not had an issue. One in KC gave me the WTF confused look when I stated I was off duty. He said, "but you are driving". I said, "correct, I am driving off duty. I am not under dispatch, I am unladen, and I am going to get a bite to eat". He made a call into his people and came back to the truck and let me go with no further questions. Still had the confused look like he had never come across this before. Cherry.

 

Funny, but KC and around KC and St Louis are the only places I have ever run into the Barney Types. Got stopped 2 years in a row in MO for my only two CSA inspections in 2010 and 2011. First one I got grounded for a tire. Second one I got an 'ata boy.

I still get a little puckered up every time I cross into MO.

 

When did you first apply? They have stated that anyone that submitted their app after August 1, 2012, will have an EOBR. If you applied before August 1st, then no, you are not required.

 

So as usual, it's all up to whoever is looking at your log book to determine whether what you are doing is legal or not. And once a determination is made, there is no way to dispute it other than hiring a lawyer and fighting it out.
What a lovely way to regulate us.

 

Post traumatic stress. My trigger is the scale westbound on I 84 in Ct. Every time I approach it I get the sweats. It's the only place I've ever had a problem. I can drive all over the south and go through 100 scales and never even think about it, but that place.... Bleech!

 

Actually, it isn't that hard. If you have freight on board, whether a tractor-trailer combo or a straight truck, you are laden. If you do not have freight on board, unless the trailer itself is the freight as in a new trailer being delivered, you are unladen. This can easily be confirmed with one phone call to the nearest FMCSA Field Office, which I have done.
[h=2]lade[/h]   /leɪd/ Show Spelled [leyd] Show IPA verb, lad·ed, lad·en or lad·ed, lad·ing.
verb (used with object) 1. to put (something) on or in, as a burden, load, or cargo; load.

2. to load oppressively; burden (used chiefly in the passive): laden with many responsibilities.

3. to fill or cover abundantly (used chiefly in the passive): trees laden with fruit; a man laden with honors.

4. to lift or throw in or out, as a fluid, with a ladle or other utensil.


verb (used without object) 5. to take on a load.




6. to lade a liquid.

 

On the system I use go to off duty,do a post trip inspection,then enter in the remarks section "personal use". As for editing all I have to do is call safety and they correct any mistakes. An added benefit is that enforcement usually doesnt even look at my tablet during an inspection. The one that has was more curious than anything else