Recreational use of Semi on weekends

Got any pics?

 

If you traveled more than 100 air miles away from "home" or spent more than 12 hours on duty, you need a log, not just for the trip, but for the previous 7 days as well (with you in the truck. records in the office are another matter). What you need to prove is that you meet the exemption for occasional recreational use. Sounds like the LEO didn't think you were exempt from HOS. They sound like expensive tickets, get the lawyer as guys have mentioned.

 

If you're using it as an RV, it has to be registered as such, but since it's registered "Commercial", that's what they see and you're on the hook for.

 

You'd better check the guidance again. If you typically operate under the 100 air-mile radius exemption and you happen to exceed the limits of the exemption, you ONLY need the log book for the day you are not exempt. You are NOT required to go back and fill out log book pages for the days on which you were exempt from having to fill them out.

http://www.fmcsa.dot.gov/regulations/title49/section/395.1?guidance

Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

Guidance: None.

Question 21: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

 

He was gone for the weekend, therefore not reporting back to home base, therefore multiple days of logs. I thought that changed things. I only exceed 100 air miles occasionally, and I go by this section, and it made the auditor happy last year--395.8(j)(2):

"(2) Motor carriers, when using a driver for the first time or intermittently shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers."

"Intermittent" is the key word here. There is an affidavit form in this download (ETA - A Motor Carrier's Guide to Improving Highway Safety - Federal Motor Carrier Safety Administration ) that satisfies the requirement for having a record of the previous 7 days. If he went out for the weekend, and is subject to HOS by not being eligible for an exemption, I think he needs a record of duty for 7 days with him. I staple the log(s) to the form, and the FMCSA guy loved it.

 

Duplicate Post

 

No, he only needs logs for the days he's on the trip and does not qualify for the exemption. The days on which he met the requirements he was EXEMPT from the requirement to keep a record of duty status. His company still needs to maintain a record of hours worked, but those do not have top be carried in the truck with him. OF COURSE your auditor was happy that you made your drivers log the days they didn't really need to log, just like ANY cop is happy when people volunteer potentially incriminating information when there is no requirement or even good reason for them to do so. The "intermittent use" regulation you cited is in regards to a driver who is not regularly employed by the carrier, as in they work "fill in" when you have more freight than you can cover with your regular work force so you call them up to run a few loads. Because you don't have ANY record of their hours worked (for you or anyone else) because they haven't been working for you, they need to submit logs so that you know they have the hours to do the run within the scope of the HOS. A regular employee who happens to run out overnight is not in that same boat because you have a record of his hours worked. He does not need to retroactively fill out 7 previous days worth of logs just because you decide to send him outside of the 100 air-mile radius. He ONLY needs log pages to cover that trip...the days which he was NOT exempt from the record of duty status requirements.

 

I never have logs for days I don't need them. I have the form described above covering the previous 7 days, as I was advised to long ago by my neighbor who was a VT DOT officer and now works on failed audits for the FMCSA. Let me ask a question. When then, does someone on a multiple day run need to have a record of duty that goes back 7 days? If this guy sets out on a three day trip that is more than the 100 mile rule, then he needs to keep a log, that's obvious, but on day 2 or 3 how is going to prove he is eligible to drive? If he has complete logs or a record like above, no problem, if he doesn't, he gets to see if your way works. I'll go with the 7 day record on board.

 

It all depends upon the driver's knowledge of the regulations, his ability to articulate those regulations, and willingness to stick up for what he knows is right despite an officer pressuring him otherwise. Yes, I have come upon an officer or two who were under the impression that all truck drivers were required to keep a log book. I have never received so much as a warning from them after refusing to show them more than the regulations actually required me to have. They cannot place you OOS for being in compliance with the regs...unless you don't know the regs, in which case the officer is free to cite you for whatever regulations he sees fit. HE isn't going to inform you of the OTHER regulation that states you qualify for an exemption from the reg he wants to cite you for. He may not even be aware that exemption exists. If you want to use it, it is up to YOU to know what it is and where to find it.

Gotta know the rules of the game before you can bend them to your favor. As long as you are relying upon others to interpret the rules for you, they'll be bent in that other party's favor and you'll get screwed every time. Doesn't matter if that other party is a company or the DOT...they aren't going to try to help you.