Question about HOS violation

Well, that was easy. At least they were able to reschedule. When giving reasons for being late to dispatch, always play the safety card first, as that's something they should not (actually are NOT allowed to) argue with you about.

Your opinion does not match the guidance text:

Only unladen home to terminal (unless under dispatch), terminal to home, or from hotel to restaurant / wal-mart and back to hotel can legally be considered off duty driving.

No, you're not missing anything. I agree that unladen is unladen. Unless your 'load' is the trailer itself (you are transporting the empty from point A to drop empty at point B).

Correct me if I'm wrong, but I believe that Interstate carriers aren't bound by state regulations unless they are operating in the state where the truck is registered. So WA cannot consider an Interstate carrier as being 'laden' unless the truck is plated in WA.

Remember that the rules are here to benefit the driver, not the carrier. Use them to your advantage. Always document your conversations with dispatch. Even though you still have 2 hours left to legally drive, you may not be able to drive those 2 hours safely. If that is the case, be sure to let dispatch know that you cannot safely continue to drive. If the company takes any type of retaliatory action against you as a result (making you sit for days afterwards, giving you crap loads to cut your pay, etc), then they are in violation of the regulations. You should strongly consider finding another employer if they exhibit this type of behavior.

 

I know all about personal Conveyance. Most companies don't allow drivers to use it. Also it can't be used unless you are unladen and bobtail. You cannot be under dispatch either. Also, personal conveyance means just that....personal. It doesn't mean driving to the truck stop when you're done unloading. With your 16 years I'm surprised you don't know that. Nice try though!

 

Traveling as personal conveyance is allowed if she is not laden, say she traveling a short distance to get good eats. Comes down to a company policy decision. The safe thing would be to go off duty at the customer, you are allowed to flag the signature time and note it as less then 15 minutes for picking up bol. maybe buy her a few minutes.

 

Bobtail has nothing to to with it, It can be used for driving for personal use, so If shes going to eat while there. Heres the guidance from Keller:

Personal use and personal conveyance of a CMV is one of the “fuzziest” topics regarding HOS. This is because there is no regulation, and only one interpretation, pertaining to it. What is allowed is often a matter of enforcement. Question 26 of the interpretations for §395.8 discusses its use:
Question: 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 [i.e., loaded]. 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.
Only two situations are specifically covered in the interpretation:

• A driver’s commute to and from the terminal (normal work location)
• Short personal trips from a driver’s enroute lodging.

Using the information that is in the interpretation above and in the definition of “on duty” and corresponding interpretation found in Section §395.2, the conditions of personal conveyance can be extrapolated.

• The vehicle must be unladened.
• Movement is of a “short” distance solely for personal use.
• The driver is relieved from work and all responsibility for performing work.
• The driver is 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.
• The driver must be at liberty to pursue activities of his/her own choosing.
• No work should be done until driver is ready to return to duty.

1. Sadly still up to the LEO who may stop you.

 

OK...consider yourself wrong and about to be corrected! So by your "understanding"...any truck (as example) registered in AZ wouldn't have to be bound to the 55 speed limit in CA or OR? Correct? I don't think so! Keep in mind an old "rule of thumb"...a state law can be more strict but not less strict than a Federal Law. Has something to do with States Sovereignty...ever hear of that term in your coffee counter deliberations?

WOW...you've got to be kidding!!!! Seriously...you believe this?????????

UH HUH!!! Do your best....just keep your crayons inside the lines!

And find out that something known as "plausible deniability" is never considered when a "dispatcher" "authorizes" a driver to break the HOS rules/regs....as if any violation will be considered to go against his/her driving record. Or that a company when challenged in court, will not throw the "dispatcher" under the bus for doing something "UNAUTHORIZED"!

Yeah...just file your complaint with OSHA and use the employee friendly watchdog, that whistle blower regulation, that has been so successful for employees and claims against companies!

What bus did you fall off of anyway?

 

Where can I see that rule?

 

Its there on this daily planner, where he wrote it. I like it though. Ignore all the laws in any state except where Im registered at, In Iowa the speed limit is 75, this is going to be fun. Clear the left lane.

 

Wrong...it depends on the state. This driver will be in OR...so an MT trailer is allowed since they don't consider the traielr as part of the load. Not under dispatch is correct, but after that you are wrong. Once MT and waiting for next dispatch, any driver can use PC if company allows, as that would be a "personal" decision to want to go somewhere besides just outside the gate of the receiver. With your 9 years I'm surprised you didn't know that!