I got busted on this issue several months ago because the DOT man said I was repositioning for a load and I had it logged as bobtail off duty. Simply put yes, technically I was positioning myself but on the other hand I left 2 days early so I could visit with family in the area then after day 2 I picked up my load. I know about all of my loads weeks in advance since I am the one who schedules most of them so technically I guess anything I do could be considered repositioning and needs to be logged if this is how they want to act about it.
For loads that I have to drive towards my base I have started to have my office send me an official dispatch via email when I am a few hours from my base so that I can claim that I just received the dispatch then I start logging on duty time.
So does this satisfy the requirements or not??? Yes I know that this is trying to beat the system but I have heard of large companies doing the same thing with their drivers.
Thanks for your input,
Smitty
Off duty vs repositioning HOS
Discussion in 'Trucking Industry Regulations' started by smittyjws, Nov 11, 2013.
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The regulation (as usual) is clear as mud...but it is pretty clear about the need to have been "relieved" from "work" and all "responsibility" for performing work, the time spent traveling from a drivers 'HOME" to the "TERMINAL" or vice-versa, "MAY" (may is the keyword here) be considered as "off duty" time. Likewise; time spent traveling "SHORT" distances from en-route lodging retaurants in the "vicinity" of such lodging's "MAY" also be considerd as "off duty" it also says this changes the moment you become "laden" ( a driver may not operate a "laden" CMV as a personal conveyance) or even if you are susequitly called by dispatch, your time would be considered onduty...clear as mud! By the way...DOT does not specifically define "laden"
Last edited: Nov 11, 2013
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Any advancement towards next load kills your personal conveyance
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IF a driver has no knowledge until he gets an official call from the dispatch and he was bobtail before the call this should not matter... Right?
This is how we have started to operate here because I have heard other drivers talking about how their company will dispatch them when they are near an area where they need to pickup another load (most of the drivers that I have heard from say that they had no prior knowledge of the other load). Granted, I have knowledge of most of the loads unless they are spur of the moment but the DOT man has no way to prove what I do or do not have prior knowledge of as long as I don't tell him....
Scenario.... Driver is bobtail coming from FL headed to his home in VA.... Dispatch calls him when he hits the VA line less than 45mins away from him arriving at his house and tells him he has a load to pick up in 6hrs in MD (about 3hrs from his current location).... The driver goes on duty at that point and drives to pickup the load.... (he had no prior knowledge of the MD load)..... All of his hours headed home should not count against him regardless of whether or not the company knew about the load. This is the way I understand it..... This should be no different even if he went home then got the call.... -
Off-duty driving of an unladen CMV, as authorized by 395.8 Interpretations question 26, is restricted to two specific situations.
One, commuting between home and the "normal work reporting location" (terminal).
Two, traveling "short distances" from "enroute lodgings" to restaurants in the "vicinity".
As one poster has said, "Any advancement towards next load kills your personal conveyance." -
Sorry bud but, your mouth got you into trouble. When stopped and asked your only statement should be, I am driving to my dads house. When asked why, I want to spend some time with him. Then why are you driving this truck, I wanted to show it to him. Good luck but, its very tricky, you have to think. The thing is you are NOT lying. If you didnt get a load for days, you were not inder dispatch if you could not pick it up for days yet.
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Shutting my mouth is a good policy, because it did get me in trouble that day....
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