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Forced to go off-duty

Discussion in 'Questions From New Drivers' started by ex-uktrucker, Apr 9, 2014.

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  1. Apr 9, 2014 #1
    ex-uktrucker

    ex-uktrucker Bobtail Member

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    Apr 9, 2014
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    Hi all, i`ve used the search facility but couldn`t find anything definitive so any assistance/links to info would be appreciated.

    I`ve been in North America now for a year with no issues but recently the job i have been doing has changed requiring further duties which add time on to our day and combined with our drive back to our delivery point on some days make it pretty much impossible to get back in one hit.

    We are basically being told to go off duty after moving trailers around for reloading in order to ensure that there is sufficient time for the goods to be loaded and then for us to make the delivery but this can sometimes mean a 20 hour + day for the driver. We are also told to use our sleeper option when defects occur before leaving base in order to get repairs done which can sometimes take quite a while so again extending the drivers daily work well beyond what the legal limitations are.

    I`d like to know if we are allowed to be subject to this kind of treatment and if not what i can do to stop it/prevent it ?

    Apologies if this sound like a daft question but i`m relatively new to the country and not really sure where i stand

    Thanks in advance
     
    ex-uktrucker, Apr 9, 2014
    ex-uktrucker, Apr 9, 2014
    #1
    gpsman Thanks this.
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  3. Apr 9, 2014 #2
    joseph1135

    joseph1135 Papa Murphy

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    You're technically not allowed, it is against the rules/law, but welcome to American business 101. Free labor off the clock is how we do things here. And if you say anything, you'll get fired. Welcome to 'Murica. But any work that is done is supposed to be logged "On-Duty, Not Driving" or "On-Duty, Driving".
     
    joseph1135, Apr 9, 2014
    joseph1135, Apr 9, 2014
    #2
    pattyj, n3ss, Toomanybikes and 1 other person Thank this.
  4. Apr 9, 2014 #3
    FreightlinerGuy

    FreightlinerGuy Medium Load Member

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    I don't exactly get how they extend that because after you start driving for the first time you only have 14 hours to get the 11 hours in somewhere between doing that other work. However, if you are done driving for that day and then go off the clock/off-duty/on-duty not driving you can work forever as long as you don't drive again until you have the 10 hours off.
     
    FreightlinerGuy, Apr 9, 2014
    FreightlinerGuy, Apr 9, 2014
    #3
    OPUS 7 Thanks this.
  5. Apr 9, 2014 #4
    KeithT1967

    KeithT1967 Road Train Member

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    IF you have no immediate duties after moving the trailers until they are loaded then its perfectly legal for you to be off-duty or logged in the sleeper. Same for a repair situation if you're not on a public roadway... as long as you're not involved with the repair.

    Im guessing labor laws in the UK are a lot more restrictive of this sort of thing.
     
    KeithT1967, Apr 9, 2014
    KeithT1967, Apr 9, 2014
    #4
  7. Apr 9, 2014 #5
    ex-uktrucker

    ex-uktrucker Bobtail Member

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    I'm aware I can do this voluntarily but can we be made to do it
     
    ex-uktrucker, Apr 9, 2014
    ex-uktrucker, Apr 9, 2014
    #5
  8. Apr 9, 2014 #6
    ex-uktrucker

    ex-uktrucker Bobtail Member

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    Apr 9, 2014
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    I should also add that we are paid hourly so lost mileage is not an issue financially
     
    ex-uktrucker, Apr 9, 2014
    ex-uktrucker, Apr 9, 2014
    #6
  9. Apr 9, 2014 #7
    KeithT1967

    KeithT1967 Road Train Member

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    "Made to do it" is a grey area. As long as you're not performing any work what your employer is asking is a reasonable expectation. You can refuse of course but thats likely to get into a situation where your employer cannot be made to employ you.
     
    KeithT1967, Apr 9, 2014
    KeithT1967, Apr 9, 2014
    #7
  10. Apr 9, 2014 #8
    ex-uktrucker

    ex-uktrucker Bobtail Member

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    So i can now be expected to do a 20+ hour day and dont have a leg to stand on ?
     
    ex-uktrucker, Apr 9, 2014
    ex-uktrucker, Apr 9, 2014
    #8
  11. Apr 9, 2014 #9
    pattyj

    pattyj Road Train Member

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    No company would tell me how to log and they shouldn't but it does happen.Trucking companies are not any different then Washington,DC,they control us and companies dictate your hrs unless you say something.If you're not satisfied with how your company has been operating then you need to find another carrier.Not saying they won't dictate your hrs though.You can take this issue to someone hire up,may not do anygood but worth a try.Forget the safety dept though,they're all a joke and incahoots with the ones that tries to force how you log.
     
    pattyj, Apr 9, 2014
    pattyj, Apr 9, 2014
    #9
  12. Apr 9, 2014 #10
    zinita17601

    zinita17601 Road Train Member

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    are you getting overtime pay?if its a decent hourly wage with overtime i dont see what you crying about.
     
    zinita17601, Apr 9, 2014
    zinita17601, Apr 9, 2014
    #10
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