Another travel time logging question?

Discussion in 'Trucking Industry Regulations' started by frankpmg, Jan 1, 2015.

  1. frankpmg

    frankpmg Bobtail Member

    6
    0
    Dec 5, 2014
    0
    The company I work for has trucks on mobile marketing tours that run 48 states(all CDL, all FMCSR regs apply, etc.) Those trucks and drivers are out on tour for 50 weeks each year. Each driver goes home for a week once a month and is relieved by a rotating driver (floater). We have figured out how to correctly log travel time when we fly drivers home or back out to the tour - no issues there. Problem is trying to find accurate info for those drivers that live near the home terminal. If their tour keeps them near enough to bring them in to the terminal to switch drivers how do we tell them to log when they come back to work. One guy lives about 90 miles out - the other about 125 out. They use personal vehicles to come and go, but when they are returning to tour they are in fact "travelling" at company direction to do so just as those drivers who fly back to the tour. If they were flying back to tour drivers would log travel time as "on duty - not driving" Line 4 if they went straight to the truck without 10 hour break, did pretrip and headed out - with travel time counting towards their 14 for the day. What we can't seem to get concrete, accurate info on is how those drivers who "travel" from their homes in their own cars should log said "travel" time. Obviously it will either be Line 1 or Line 4. I have read through all the online guidance provided by FMCSA and Google searched extensively and can't find anything close to this situation being discussed. Any help or info is greatly appreciated.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. otherhalftw

    otherhalftw R.I.P.

    13,081
    45,332
    Nov 18, 2008
    CA...gold discovery foothills
    0
    From terminal to home, and from home to terminal. No different than a local driver "commuting" to his truck from his home. The terminal would be the "START/END" point, not the travel from/to the residence.
     
    TomOfTx Thanks this.
  4. TomOfTx

    TomOfTx Road Train Member

    1,190
    1,406
    Jul 13, 2013
    Friendswood, TX
    0
    otherhalftw Thanks this.
  5. frankpmg

    frankpmg Bobtail Member

    6
    0
    Dec 5, 2014
    0
    Thanks for your responses. While I intend to agree with the previous responders I still have nothing concrete to go on. The FMCSR including the one linked above do not address our specific situation. To play devils advocate for a second - If we fly a driver in to our terminal to go back on tour and said driver isn't afforded a ten hour break after arriving, then travel time is logged on line 4 as I mentioned in my OP. Occasionally we will rent a car for a driver to return to the tour - this too falls under the travel time regs. We have provided rental cars for drivers in that situation where they have driven up to 600 miles to return to tour and they have logged their travel time accordingly. I wonder what the difference is if we have a driver rent a car and drive 125 miles from his home to a remote location (not our terminal) to return to tour, and driving 125 miles from his home to our terminal to return to the tour?
     
  6. otherhalftw

    otherhalftw R.I.P.

    13,081
    45,332
    Nov 18, 2008
    CA...gold discovery foothills
    0
    The "old rule of thumb" (from a driver's standpoint that is) is simple...."how are they going to know?". However, the legal way is as you stated it. If you (the company) is facilitating (airplane or rental car) and directing the movement, then the log would be required for the plane Line 4, and for a rental car he/she is driving Line 3, and Line 4 for time to return rental and rejoin tour. That new 30 minute break stays in the mix also.

    The key is when the company is facilitating and/or directing the positioning.
     
  7. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,766
    12,573
    May 28, 2009
    Rancho Mirage, Ca.
    0
    Personally, I think you're worrying over nothing. If a driver got off his truck in a far away city that was hosting the tour, and simply took a week off right there in that city staying in a hotel, he wouldn't be logging anything. Because he's "off duty", right ? And when you're "off duty", you're allowed to do anything you want, or go anywhere you want. You don't have to be in a sleeper, you don't even have to sleep ! So in your situation, the driver get's off the truck, is "off duty" and now can do anything he wants, including getting on an airplane or driving a car 300 miles down the highway. Now there is a slight grey area where if a company sends a driver to retrieve a truck 500 miles away VIA airplane, I believe he has to log that flight on line 4.
     
  8. frankpmg

    frankpmg Bobtail Member

    6
    0
    Dec 5, 2014
    0
    To: otherhalftw - I'm pretty sure you are mistaken about rental car time being logged on Line 3.
    http://www.fmcsa.dot.gov/regulations/title49/section/395.2 gives the definition of driving as "Driving time means all time spent at the driving controls of a commercial motor vehicle in operation." This would indicate that time in the rental car would be logged on Line 4 - On duty-not driving, which is how we have our guys log it now when they are returning to tour.
    TO: Allow Me, my original post indicated that we have no concern when drivers are leaving tour - their travel time is always logged on Line 1. Our concern is with drivers who use their personal vehicles to return to tour when that change is made at our terminal.
     
  9. Ridgeline

    Ridgeline Road Train Member

    22,717
    123,108
    Dec 18, 2011
    Michigan
    0
    Look here is a good way to determine this -

    when you release the driver from his duties with the truck, and even if you provide him transportation to and from his home back to his truck/terminal, does he have the option to chose his route or an alternative destination?

    If so, then it is off duty.

    Example, joe is a driver who is in rotation to get a week off. Normally he returns home but he decides to meet his girlfriend for a week of fun in the sun in Miami instead of going back home to the wife and kids in Savannah. The company rented him a nice Camaro convert and said see you next week.

    So this means he makes the decision of his destination, not the company and in doing so, he is off duty.
     
  10. frankpmg

    frankpmg Bobtail Member

    6
    0
    Dec 5, 2014
    0
    Please re-read my OP. Our concern is not with drivers going off tour, or even drivers returning to tour when we fly them in. Our only concern here is: - what is the difference between a driver being provided a rental car to return to tour when the return occurs at our terminal, and a driver using his personal vehicle to return to tour when the return occurs at our terminal. Drivers who use a rental car are required to log travel time on line 4 if they are not afforded a 10 hour break before driving after they reach our yard. We have a couple of drivers who live 90 and 125 miles away who use their personal vehicles to return to tour (at our direction) and we are concerned about how those drivers log that driving time if they are not taking the 10 hour break (which they usually don't) before heading out of here .
     
  11. otherhalftw

    otherhalftw R.I.P.

    13,081
    45,332
    Nov 18, 2008
    CA...gold discovery foothills
    0
    Line 3 or Line 4 in the scenario you describe makes no difference...it is still effecting the 70 as well as the 30 minute break requirement (tell them to change seats on the plane for 30 minutes..LOL).

    As to the "CMV"...if the compny "hires" (rents) the car, then for that period it is inclusive with the company equipment. Getting very over the top technical with this, about the only possible way of getting tested were if the driver were to be involved in a major accident or a DOT audit with an auditor that has a bug up his/her "anal retentive zone"!

    About "driving" and a "CMV"....take a closer look at item "(3)" in your link! It says:
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.