Level 2 while driving as personal conveyance

Yes.

I have a friend who drives for a company with electronic logs.

They told him, that when he runs out of hours and still has a short distance left, he can USE LINE 5. This puts him off duty and not driving and he can go for an additional hour.

He thinks this is legal, since the company lets him do it.

I suppose he will learn the hard way one of these days as well.

 

I know that had I been in your position, on the way to WM, I would have been saying to myself "Now watch...I'll get stopped on the way back...."....

 

I do believe you need to research this a little further.
1. If a CDL holding mechanic is doing a test drive of a truck how is he going to log this stop?
2. If a driver is unladen nor not under dispatch and is in the middle of a reset and is bob tailing to a restaurant how can a DOT check force one to line 4 if there 20 miles away from where they first logged off duty and are on personal conveyance? How do you explain the gap in miles from point A (being where you went "off duty")to point B(were the stop took place)?

 

The mileage accrued while off-duty driving doesn't matter. If the DOT asks you just tell him that was off-duty driving. From the folks I have talked to (including safety directors, scale masters, and other DOT officers that seemed up on the regs) they would only look if you somehow magically appeared 300 miles away while off duty. I've never read any limits to how far or long you can use the off-duty driving provision, so I imagine it's more of a common-sense limitation. Don't be stupid using it and you should have no problems. As for explaining that gap, what is there to explain? You were using the vehicle as a personal conveyance during your off-duty time as per FMCSR regs and clarifications. If the inspection at a different location from where you went off duty causes later issues, all it should take is a simple explanation of exactly what occurred to clear things up.

On the other hand, I can see how this might relate to some other interruptions of 10-hour breaks not being acceptable. I mean, if you are in a rest area and DOT sets up while you are taking a break, can they wake you up and inspect your truck? If so, how does that affect your break? I've never heard of it happening, but what if? Or you are in the truck stop and the truck next to you catches fire. You move the truck to get it away from the fire. Does that count as driving or on-duty? Rare sure, hypothetical, maybe, but still similar to the incident OP posted.

 

sometimes i think we take the actions of a few neurotic DOT officers, trucker stories and company-fears to new heights when it comes to actual DOT infractions

i remember when DOT only cared that your fuel stops were on the same day, or within 2hrs, lately its within 15min,

or if you pulled up to a scale and your log book wasnt up to the minute, DOT would give you a few minutes to catchup to your logs

with the DOT push with HOS, drivers have become the biggest wimps to their rights as drivers and citizens

If i was in Windsmiths shoes, i would have told the cop, I am off-duty and if he insisted on doing any type of inspect, i would have flagged it on my PAPER logs as i was inspected OFF-DUTY and left it at that

would an auditor care? so far, been thru a few DOT audits, and thank God, never a problem

i think we make more of these things than they are worth

 

shucks, how many times have you pulled on a scale and barney is standing outside with his hand out?

i remember reading one guy on this forum was cited for altering or falsifying his logs because he was messing with it on the scale

cops are a bit pushy these days

 

Take as much time as you want. There is no such thing in the regulations.