What duty status are you when you back into a dock?

Discussion in 'Experienced Truckers' Advice' started by Wisc-Badger, Oct 22, 2012.

  1. Wisc-Badger

    Wisc-Badger Light Load Member

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    I know some drivers park over night at a shipper or consignee & back into a dock in off duty or sleeper berth status, but is this "legal"? Don't you have to be in driving status? I saw a cop go up and down a row of trucks at a consignee and wondered if he was checking log books. If you get caught in the wrong duty status, what's the penalty, a citation and CSA points? I thought I saw a $300 penalty listed on a document at a Minnesota weigh station for incorrect duty status. Can somebody cite an FMCSA rule here?
     
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  3. Numb

    Numb Crusty Curmudgeon

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    if the bus. is closed, you would not be on duty not driving,as they aren't unloading you, and you could sleep for your 10 hr break.
    if they are open that would be different. the LEO would not know when you appt. is for. are you just taking a nap or on break. I wouldn't sleep at a company that was open, unless there is a back lot or some place out of the way to park.

    I wonder why a cop is on private property checking trucks.
     
    Flyin542 Thanks this.
  4. Autocar

    Autocar Road Train Member

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    As it is private property, line 3 would not apply. You would be looking at line 4, to actually back in. If you have no responsibilities, line 1 or 2.
     
  5. Jorihe84

    Jorihe84 Road Train Member

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    Cops could have been there for other reasons. You can't assume he was there to write tickets.

    Line 2 always. We are no touch and most of our customers make us wait in the truck anyways. Why sit on line 4 for 2-8 hours?
     
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  6. Mountain Hummingbird

    Mountain Hummingbird Medium Load Member

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    We do not unload, we sit in our trucks, or lay down, since you are in your truck and not actually doing anything, sleeper birth. That does not mean you are always sleeping just in your truck not doing anything. Hard for a someone to charge you for duty status violation when you are laying down snoozing , playing video games or watching a movie.
     
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  7. Dinomite

    Dinomite Road Train Member

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    I got to receiver last night at 2310 did my 15 min post trip. Parked in the lot just north of the entrance. Business was closed for the most part. Security said they would come and get me when they are ready for me. Had a 7am apt. They knocked on the door at 6am. I'm on E logs and I haven't had my 8 hour break in. If you don't go to far it won't kick you on drive line. So I drove to the door and backed in. Still in the sleeper birth. If I would of actually put on duty not driving it would of kicked me back to sleeper birth because it took less then 5 minutes to do. Also if I would of took more then 5 mins and it was a little farther away. I would of lost the 7hrs of sleeper birth time I had, and would have to start over. In the 14 plus years I have been driving I have never been ticketed for wrong change of duty status. It's always a first time for everything. I think I'll take that risk. So as it looks I'm still on line 2 with with 45 more minutes remaining before I can use split sleeper birth and head to pick up my next load 3 miles away. They are still unloading me but I'm sure it will be another 20 mins or so and then I'll go back to my space in the front of the parking lot till time is up. All on line 2.
     
    NavigatorWife Thanks this.
  8. reeb7

    reeb7 Bobtail Member

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    Say my appt is at 0700 but I arrive at 2100 the night before. I show myself on duty right when I arrived then go to sleeper. All is sleeper until I depart. Otherwise you mess up your break time and would have to start it all over. Similar situation I'm in right now. You wouldn't a accomplish much if you kept interrupting your break just to back in.
     
    Dinomite Thanks this.
  9. Wisc-Badger

    Wisc-Badger Light Load Member

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    Jul 21, 2011
    Winston Salem, NC
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    In the permit folder we carry in our trucks there is a memo from the Safety and Compliance Manager which reads (in part): "Any time the driver spends communicating with customers regarding loads .. must be noted as On Duty-Not Driving on the driver's log."
     
    volvodriver01 Thanks this.
  10. Dinomite

    Dinomite Road Train Member

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    Some companies are more strict then others. I like this place. They came and woke me up, and they came and gave me my bills. I did't have to go in. Even though they wouldn't allow me to go in because its a meat processing plant. All they are missing are those dock doors that you back into without having to open your trailer doors. Anyway time to pretrip and hit the road. Have a good day.
     
  11. EZX1100

    EZX1100 Road Train Member

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    whatever you put, you are off-duty, you cannot be forced to become "on-duty" so the cop is irrelevant

    now, as far as you waiting to be unloaded, some say that cannot be off-duty because you are in the truck, hence it can only be sleeper

    but.........and this is amazing..........but, if you are sitting in the driver's seat, you are on-duty not driving
     
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