Forced to use travel time for new HOS break

What I am saying is regardless of 395.1 (j) if you need to be in a state of readiness to work, (say your barn door swung open) you need to log the time as on-duty. Many drivers make this mistake if their load is delayed at dispatch at their home terminal. Technically you need to be relieved of duty by your motor carrier to log off duty. If you are sitting waiting for your trailer to be loaded so you can leave, that time should be logged as on duty.

While you can likely get away with it at a warehouse, I don't see it on a ferry, unless yoyu have no responsibility and are going to walk away and take 10 hours off when you dock. As someone else pointed out unless this ferry trip is after 8 hours on duty it would not count anyway.

 

your sitting there, wherever there may be. your going to be with your truck. whatever you may be doing. wether your loaded or empty. your still with your truck.

your going to be readiness or doing whatever. WHILE you take your break. unless you just walk away somewhere NOT watching your truck.

the govenment now releives you for 30 minutes. but your still with your truck. if something were to happen. i don't think your going to sit there till break is over. so your still in readiness.

so, parked somewhere in a parking lot. on the street. or parked on a ferry. bottom line is. your with the truck and the truck isn't moving. that's a good time to take your break. readiness mode or not.

 

That is your interpretation, however it is not the regulation.

 

sure it is. the regulation states we have to take a break.

and i don't think anyone is walking away from there truck to take a break.

 

don't have a choice in the matter anymore.

 

Your situation seems to be better than most of us OTR guys ... see what snowwy was saying (or at least my interpretation) was that for us OTR the truck is not only our money bringer it is our home out here ... for instance sometimes I rather just stay in my truck and read than to go and watch TV inside a truck stop or whatever ...that's considered off duty (sleeper berth) for us anyways ... for you the situation may be different ... but regardless of the situation you are the captain of the ship and none of us can tell you when or how to take ure break ... unless your company will put in a new policy then ...