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can employer force me to log onduty when im offduty

Discussion in 'Experienced Truckers' Advice' started by bigsky_35, Oct 9, 2013.

Page 6 of 7
  1. Oct 13, 2013 #51
    bigsky_35

    bigsky_35 Bobtail Member

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    Finally a voicevof reason that doesnt just troll around posting eleventeen thousand post just to cause arguements.....THANK YOU
     
    bigsky_35, Oct 13, 2013
    bigsky_35, Oct 13, 2013
    #51
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  3. Oct 13, 2013 #52
    KW Cajun

    KW Cajun Road Train Member

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    Copperhead Road
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    Is he merely "on call" tho? Being that he is expected to be in the "ice shack", and not in a movie theater 45 miles away, appears he is not "totally" free to do as he pleases while merely "on call". True, the company can pay you even for what they consider off duty time. It is their prerogative to do so. Another word for it is a gift.

    How do you explain?...:Question 11: Must non transportation-related work for a motor carrier be recorded as on-duty time?

    Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term “work” as used in the definition of “on-duty time” in §395.2 of the Federal Motor Carrier Safety Regulations (FMCSRs) is not limited to driving or other non transportation-related employment


    The company may be considering time spent in the "ice shack" as "work". If the employer is paying you, it is entirely up to the employer to make the determination of exactly what they consider to be work.

    I think you mean.... Finally, an answer that I like and want to hear, but not one that necessarily is 100% correct or bulletprooof.
    BTW, I don't post/respond just to "cause arguments". If you don't want to see a full picture, then post a notice with your OP that you only want responses from those that 100% agree with your viewpoint.
     
    KW Cajun, Oct 13, 2013
    KW Cajun, Oct 13, 2013
    #52
    xlsdraw and Hammer166 Thank this.
  4. Oct 13, 2013 #53
    Hammer166

    Hammer166 Crusty Information Officer

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    Words right out of my mouth!:biggrin_25514::biggrin_25514:
     
    Hammer166, Oct 13, 2013
    Hammer166, Oct 13, 2013
    #53
    KW Cajun Thanks this.
  5. Oct 13, 2013 #54
    HappyHardCore

    HappyHardCore Light Load Member

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    127
    Mar 19, 2007
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    Been times only way to get paid detention at a warehouse that took too long was to go on duty not driving, cause company said they wouldn't pay drivers for sleeping.
     
    HappyHardCore, Oct 13, 2013
    HappyHardCore, Oct 13, 2013
    #54
  7. Oct 15, 2013 #55
    bigsky_35

    bigsky_35 Bobtail Member

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    Oct 9, 2013
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    Uhh no i meant finally someone who is up to date on dot regs...should read the interpretations page for 395.2. Question 2 clearly says "the revised guidence also emphasises that periods of time during which the driver is free to stop work, and engage in activities of his/hers choosing, may be recorded as off duty, irrespective of whether the driver has the means or opportunity to leave a particular facility or location. All previously issued guidence on this matter should be disregarded if inconsistent with todays notice." [FR 78 41853, July 12, 2013]
     
    bigsky_35, Oct 15, 2013
    bigsky_35, Oct 15, 2013
    #55
  8. Oct 15, 2013 #56
    crzyjarmans

    crzyjarmans Road Train Member

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    actually you got the answer several time the answer but you didn't like the answer
     
    crzyjarmans, Oct 15, 2013
    crzyjarmans, Oct 15, 2013
    #56
  9. Oct 21, 2013 #57
    bigsky_35

    bigsky_35 Bobtail Member

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    Oct 9, 2013
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    Got alot of answers...just reinforced my belief that i know my regs better than most...done arguing with your ignorant ###
     
    bigsky_35, Oct 21, 2013
    bigsky_35, Oct 21, 2013
    #57
  10. Oct 21, 2013 #58
    WildHog

    WildHog Light Load Member

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    Oct 13, 2011
    AR
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    If you work an 8hr or 12 hr shift and you are on the clock during this time you are on duty even if you are sleeping are playing on the computer. If they are paying you during your non driving time, you are on duty. You just don't log it as driving.
     
    WildHog, Oct 21, 2013
    WildHog, Oct 21, 2013
    #58
  11. Oct 22, 2013 #59
    Hammer166

    Hammer166 Crusty Information Officer

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    ~8600+' and loving it!
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    Translation: Don't confuse me with the TRUTH!:biggrin_2554:


    :biggrin_2559::biggrin_2559::biggrin_2559:
     
    Hammer166, Oct 22, 2013
    Hammer166, Oct 22, 2013
    #59
  12. Oct 22, 2013 #60
    Saddletramp1200

    Saddletramp1200 Road Train Member

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    Sep 4, 2011
    Houston Texas,USA
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    Someone has a wallet big enough to make most people do anything they want. I don't need money, I'm still counting the white lines on roads. When I run out, we will talk. Tramp.
     
    Saddletramp1200, Oct 22, 2013
    Saddletramp1200, Oct 22, 2013
    #60
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