Driving home or on errands

if your company tells you to "head to Mississippi," you've just been dispatched. this would have be logged on the driving line. if you're driving in the line of work, loaded trailer or not, you're "driving." if you unhook your trailer and bobtail home, or from home to your terminal, or from wherever to a truckstop or restaurant, or motel, you're off duty. although most companies would still want you to log "driving" under these circumstances.

can you do this after your 14 hours? I have, under certain circumstances - like driving to the next town over (in West Virginia no less ) to get fuel and a shower after I had a tire blowout on the trailer which put me 4 hours behind. I dropped my loaded trailer at the shipper after I got my tire fixed and bobtailed to the truck stop. I wouldn't recommend doing this except on a rare occasion. regardless of the law, it's still up to "5 O" whether or not they want to ticket you if you get pulled over. then you end up in court, arguing your case. then it's up to the judge to "interpret" the law.

 

On duty, Log it.

 

It would depend on company policy. If I was an O/O, taking an empty trailer home could be logged on Line 1, by HOS rules. But I still think it comes down to how the LEO or DOT reads the rules. You may have to go to court to win your case. I had this happen to me in NJ, showed up for court, gave the DA a copy of rules, DA dismissed the case. But, it cost me time and money.

Mark

 

Below are the 2 Q & A in the regulations book regarding driving for personal use. I do not care to answer this question as to me the regulations kind of don't make sense to me. If I am at 11 hours of driving and they feel I am unsafe what makes the difference if I am using that truck to drive home and could still kill someone in an accident.

I can see if you are off duty for a 34 and wanted to visit,shop etc, but come on, I drive 11 hours "should be tired" and drive 2 more hours to get home?? Doesn't make sense so I prefer drivers to have # least the hours available and the miles must be reasonable "like 20 miles or something"
It's just a tricky Q & Answer. Sorry I am not much help on this question

Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time.
Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.

§395.2 Definitions Question and Answers

Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the FMCSRs to operate a CMV from the last stop to home and not show that time on the time cards?

Guidance: The FMCSRs do not address questions of pay. All the time spent operating a CMV for, or at the direction of, a motor carrier must be recorded as driving time.

 

Same stew, different day.

 

"ok ive been released from work, but work demands I take an empty with me to the house. What is my status?"

driving

are you working or ain't you? tricky little basterd ain't it?

 

if you're driving and not getting paid for it, you need to take that up with your company. seems like you should be getting paid for these miles, regardless of how you log it. of course they could argue that they're getting you home at their expense. unless you unload in Columbus and your home is in between Columbus and wherever you're going to pick up the next week. in that case, you're deadheading and SHOULD be paid for it - unless they don't pay deadhead miles.