Can a company mandate using sleeper status during 10 Hour Break

sorry please re-read the regulations, as it clearly states that (ALL TIME BEING AT A SHIPPER OR RECIEVER MUST BE LOGGED ON DUTY). this includes waiting to be loaded or unloaded or waiting for a dock. As long as you are in a rediness to move the truck you have to be logged on duty.

 

Gray area there...

For example, if you hop into the SB, nothing says you can't log SB just because you're at the shipper / receiver.

 

again not a gray area, unless you are specifically relieved of duty can one log off duty or sleeper berth. You have to be relieved of duty....

for example you show up at the shipper and he states it will be an hour before they can get you loaded, so you have to show your hour for waiting to be loaded....now an hour comes and here comes the shipper again...this time he states....that the machine broke and it won't be until morning until your load will be ready, and says your more than welcome to stay there or drop your trailer and head down the road, or leave and come back....(now you have been relieved of duty and are able to log off duty or sleeper).

Or as someone agreed with me earlier if the shipper or reciever has a specific off duty area where one needs to be while being loaded or unloaded then one can log off duty.

other than that if you get into an accident and dot goes back through your records, and see that you logged off duty, and calls the customer to find out what times you were there to get loaded or unloaded, can you say false logs? and accident your fault, as some lawyer will surely state that if you followed the rules and regulations you wouldn't have been there in the first place to have the accident and well good luck with that one.

 

So, by what you are saying, I CANNOT take my required 30 OFF-DUTY break while at a shipper/receiver?

 

so youre saying its the SHIPPER who determines whether I have been relieved of duty??? lol

 

no you are not suppose to, not saying that people do, but by the regs. and if we just going by the regs. then nope.

No, but the technicallity of the regs... which STATES ALL TIME so unless you can give me another meaning of ALL TIME SPENT means. To me (ALL TIME SPENT AT A SHIPPER OR RECIEVER,) from the moment one enters til the one leaves.

If you are in a readiness to move the truck then you are considered on duty....

Kinda hard to be in a readiness to move the truck if the shipper/reciever requires you to be in a breakroom.

I don't know someone else have a different meaning to the words of ALL TIME SPENT AT A SHIPPER/RECIEVER? maybe i just don't understand the english language that well.

 

There is no "gray area", because logging "Sleeper Berth" is not the same as "Off Duty".

In order to be "Off Duty", you must be relieved from duty by the motor carrier. If you are waiting at a shipper/receiver, I doubt the carrier has relieved you from duty because you are there to be loaded/unloaded.

However, as long as you are in the sleeper berth, you can log "Sleeper Berth" time because while you may on/in the CMV (also technically "on duty"), you are resting in the sleeper berth.



[h=3]§ 395.2[/h]On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.

 

Point, Set, Match.....

 

no the ball was out of bounds. number 1 is completely different than number 5.

you interpret every minute at a shipper or receiver as on duty, that's not the case at all. I have never had anyone question the fact that it has never taken me over 30 minutes to ever load or unload in my now 35th year. the key is being relieved of duty by the motor carrier, not a shipper or receiver, if the carrier allows it , number 5 wiont apply unless actually loading or unloading or assisting. like many, dot included, youre making it read what you wish it to read.

nor have I had em question my 10 hours off duty or 8 off duty years back. I have had the log book checked a few times. nice , neat , and legible, and with permit book with cab card, trailer registration, insurance, ifta and the rest following in alphabetical order in a 3 ring binder in clear folders, looking alert, clean and not disheveled and trash falling out the cab, etc. will get ya a long ways.

 

According to this, I cannot log OFF-DUTY while at a rest area because that is public property, unless my motor carrier has relieved of duty.