Log Off Duty Driving Home Empty

Discussion in 'Trucking Industry Regulations' started by J.R., Oct 18, 2013.

  1. J.R.

    J.R. Light Load Member

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    It was mentioned in an O/P thread that it is legal to log line 4 for a thousand miles so long as you were headed in the direction of the house.

    I asked for a reg number and description to clarify, but did not receive an answer.

    There was a mention of bobtail only, however the original comment suggested trailer included.

    Anyone have the answer per FMCSA?
     
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  3. joseph1135

    joseph1135 Papa Murphy

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    That's wrong. While not involved in interstate commerce, you are still driving a CMV. You are required to follow the same rules.
     
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  4. STexan

    STexan Road Train Member

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    Sounds like a typical driver rumor to me. I've never heard of any such rule. Bobtail or not, you are still "in command of a CMV". I'm pretty sure if you were in an accident and killed somebody while headed "home" that was 700 miles away and logging on line 4, some lawyer would take issue with such a practice. You are allowed to "travel to the nearest "safe area" to commence your required break on line 4 (or 5), and some companies allow "personal use exception" while on break on line 4/5 so you can go eat and take care of other personal needs while on your 10 or reset and you're not home.
     
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  5. bigdog4981

    bigdog4981 Light Load Member

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    Your wrong Joseph. Some carriers on elogs have a line 5, personal travel. I had this 3 years ago at central refrigerated. I used it many times to get home, never tried to dodge the HOS though.
     
  6. Hammer166

    Hammer166 Crusty Information Officer

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    There have many long and heated discussions about this. Basically, if your using the move to get closer to a dispatch, it's got to be logged. Say you're in your terminal, and are heading home; if you have a dispatch that is another hour past your house for the next day, it should be all logged as driving. But if you go home, and then get dispatched, only the part after you leave home has to be logged. (In other words, you log book should never know what you're doing tomorrow1 :biggrin_25522:) DB or Scalemaster spent a lot of time on this a year or so ago.




    http://fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.8&guidence=Y

    As you can see, the way @Vision Logistics claimed to be doing it on that other thread is illegal. You can show from your normal work reporting location to the house and back, but not all the way across the country empty. If you lived on the far end of your route and were empty both ways, you might have a valid argument; but the "I'm going home!" is BS.
     
  7. skibum_63

    skibum_63 Road Train Member

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    Wow, talk about some one not giving you the right answer.
    As where there isn't a set milege guidance in the fmcsa rule book on this, most states and companies go with reasonal and prudent . I wouldn't take a chance of more than 75 miles.(you never know when a over zealous DOT guy will hang you out to dry)
    Check with your safety dept if your with a company, and get their rules on this. Alaways error on the side of the company.
     
  8. J.R.

    J.R. Light Load Member

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    To clarify my question, as an O/O if I'm empty and therefore not using the vehicle for profit just driving home a 1000 miles.

    The question 26 and guidance seems to be directed toward employees.
     
  9. PackRatTDI

    PackRatTDI Licensed to Ill

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    That would be an expensive trip to the house!
     
  10. Cetane+

    Cetane+ Road Train Member

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    The company drivers cant tell you all the things that are actually legal to do with your truck, they only know what they are allowed to do by there company. Personal conveyance is just that. I am just driving my own vehicle home, with no load, no intent of getting the next load, just home. I log it as OFF DUTY. I only haul my own trailers, empty or loaded. I have not had a problem yet.
     
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  11. Roadmedic

    Roadmedic Road Train Member

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    DOT officers we have contacted have taken the following stand under Section 395.8 Question 26.

    Who owns the vehicle?
    Who pays for the insurance?
    Who is paying for the fuel?

    Is it under dispatch?
     
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