Travel Time (395 fmcsr)

Discussion in 'Experienced Truckers' Advice' started by nievesco, Jan 22, 2015.

  1. nievesco

    nievesco Bobtail Member

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    I've been driving for a few years and I try to keep up to date with DOT regulations and changes. Recently I have found myself in somewhat of an inconvenient situation. The carrier that I work for, at times requires me to drive 1 hour away to work out of a second terminal, even though I am not assigned to that particular terminal. The work load there is such that I end up working my entire 14 hour cycle. I am not getting a full 10 hour break because of the drive back and forth which shaves off 2 hours of my break. This puts me in a situation where I am not getting enough sleep and Im always fatigued. Now, FMCSR 395 says travel time for business as long as Im not driving the truk or have any other responsibilities must be logged on duty...Does this fall into this regulation? I get paid all on duty hours and all miles that I drive. Also other drivers have warned my that there is nothing I can do about it and I know thatts not the case because DOT laws supersede any company policy, specifically 392.3 and 390.13. Those 2 say a driver shall not drive ill or fatigued and no one shall aid or encourage a driver to violate thise rules. Any input from other experience professional drivers? I appreciate any advice. Thanks...
     
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  3. drvrtech77

    drvrtech77 Road Train Member

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    If you're in your personal vehicle..it's OFF DUTY...
     
  4. chalupa

    chalupa Road Train Member

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    If the carrier dispatches you to the other terminal and pays you to travel...it's on duty. The reg says all time getting ready for dispatch, on carrier business etc....I'll go get it and link it if you need. Technically your on duty from the time you hang up the phone. ( called you at the house to come )

    If you challenge the carrier you will likely need a job.......

    JMO
     
    cc tanker Thanks this.
  5. Powder Joints

    Powder Joints Subjective Prognosticator

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    Technically if your getting paid its on duty (personal vehicle ). Most of us would log it off duy Im sure. I would require them to give me 10 hours off at home, not counting drive time. Your in control, Just say no.
     
  6. G.Anthony

    G.Anthony Road Train Member

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    Let me say this, if you got a call at home to go for a random, and you drive there of course in your car, you are on duty. My former employer paid us 2 hours. But the question arises, did I log that time?

    Well, no frankly, I wasn't about to burn up time that I would need much later. Was I wrong not to log it? Of course, but I did what I wanted to do. SO your travel time to that other location, if you were told to go there from your house, is on duty. I never liked the off duty to start when my front tire hit the company driveway. I told a boss one time (in Mass), "go pound sand", he never bothered me no more. My off duty starts when I get home. safety manager said (in VA), "what if you go shopping when you leave the terminal? I said, I'll pick you up a quart of milk. He said but from Mass to VA? I said yeah, it might be sour, but hey, at least i thought of you.

    never heard anything from either guy ever again.
     
  7. DustyRoad

    DustyRoad Road Train Member

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    You talk to the director of ops and explain two hours commute is conflicting with your time off and ask to be on a 12 shift rather than a 14 hr. When push comes to shove.....file a formal
    Complaint with the safety director. This will put you in the hot seat...but it might help you with being tired and worth trying to salvage your job before quitting.
     
  8. TankerYankr

    TankerYankr Medium Load Member

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    Whether or not you're getting paid is not necessaily the the determing factor if you are on or off duty.

    In your specicic case, travel time to and from your house would be be off duty, as it would be going back and forth to your regular terminal.

    If you reported to work at your regular terminal and then was sent to the other terminal it would be on duty even if they didn't pay you.

    What I would do myself is everytime that the company wanted me to go to the other terminal, I would develop car trouble and claim my vehicle won't make there, that it just barely will make it into normal work.

    Then they could send you to the other terminal in your truck, on duty of course.
     
    G.Anthony Thanks this.
  9. street beater

    street beater Road Train Member

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    So your getting up at 4-430 leave at 5 start at 6 run till 8 home at 9 to be up at 4-430? Better be getting #### good pay for that pain
     
  10. G.Anthony

    G.Anthony Road Train Member

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    Yeah, his company can make it a regular thing to go from his terminal to the other in his car, best he put his foot down and ask for a company car or the truck. At the very least, if they want to assign him at the other terminal for a long drawn out time? Then ask for a motel room. That may not work of course, but hey, he signed up and started work at one place, if their are going to play the game of go there regularly? Then put down your foot. They will take advantage of his "good will", if he does not speak up.
     
  11. nievesco

    nievesco Bobtail Member

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    Texas
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    Thank you for the great responses. I spoke to my direct manager today about it. He is a great guy and stays on top of things, but he has to speak to the manager of the other terminal. Is the other guy who is trying to keep costs down for some reason so they do that. Other drivers don't say anything because we make close to 100k a year running local, so all they think about is money. Don't get me wrong money is good. But I don't want to kill myself or others. The company has very strict safety policies due to all being hazmat and the minute you mess up regardless of how little the mistake was you are pretty much out the door. They are the same way when it comes to hiring, they dont want any accidents or tickets. So I think this issue pretty much goes against those policies...ironically.
     
    pattyj Thanks this.
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