Off duty driving- privilage or law ?

I was asked to provide the documentation I received from the FMCSA when I questioned them regarding OFF DUTY/DRIVING Regs. I gave examples to the FMCSA of using the truck to go to the store, (between loads) to playing tourist for weekend, (between loads). The verbal answer was as follows: You do not have change your "OFF DUTY" status to use your truck for personal transportation if; 1) You Do Not Have Freight On Board, 2) You Have Met Your Sleep Requirement.
He also confirmed it does not matter if you are a straight truck, bobtail, or tractor trailer. There is NO gray area here.

After our conversation he e-mailed me the interpretations listed below.

Per your request:

49 CFR §395.2

Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?

Guidance:
1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.

3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier’s principal place of business.

4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated

Question 20: How must a driver record time spent on-call awaiting dispatch?

Guidance:
The time that a driver is free from obligations to the employer and is able to use that time to secure appropriate rest may be recorded as off-duty time. The fact that a driver must also be available to receive a call in the event the driver is needed at work, even under the threat of discipline for non-availability, does not by itself impair the ability of the driver to use this time for rest.

If the employer generally requires its drivers to be available for call after a mandatory rest period which complies with the regulatory requirement, the time spent standing by for a work-related call, following the required off-duty period, may be properly recorded as off-duty time.

49 CFR §395.8

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.

Rules & Regulations - Federal Motor Carrier Safety Administration


Matthew Fabry
Acting Federal Programs Manager
USDOT/FMCSA-MI Division
517-853-5990 ext 103

 

This is , what i ( sorry i need to use small "i" - do not let me change for capital "i" ??? ) found yesterday from another truckers forum. We are entitled to call off duty driving - personal use without loosing our HOS. have and sent to company my hotel bill and was bobtail.
THANKS so much Guys !!!! Canadian rules and Allowance for ODD is 75km per day - period nobody question that in my comp. - in my previous comp. it was equvalent of 75km (as a canadian com.) in the States = 46miles a day --- it was fair and simple. We need to move away from this unfair com. They put ------ first , the comp. CVOR at risk now if i need to submitt my e-log and than me and my driving record which i would probably fight in the court.

 

i attached today FCMSA exlanations on the subject , please have a look and Thank you soooo much for attention and help - be safe

 

Hi yes you are right !!!but unfairness or stupidity is a middle name for my com. as i learn on the subject now , because they let OO drive appx. 200km bobtail home with no restrictions not probably knowing the rules and just because i was the one who teach safety about some things on elogs when they arrived and were installed , i guess i am to smart for them and i dare to defend my rights.
i do not argue with them , just giving arguments , they are not now how to react .