Off-duty driving question

Everything is legal,until you get caught..

 

I think the only safe haven rules apply to specific haz-mat loads

 

Off duty until you stop about 10 mins before the scale and start your day

 

These threads always bring out the "Little Goody Two-shoes" from the woodwork. This is a job and you are living the life of a human being in a civilized world. Live like it and stop making mountains out of mole hills! Good grief.

If your carrier forbids it, fine. It's your choice to work their, but I'll thank you not to presume tell me I have to live your sad life.

 

And then if you get a good lawyer it still may be legal.

 

I'm not sure anyone was presuming to tell you anything, driver.

The OP was asking if there was any guidance or standards regarding the use of personal conveyance.

I think you said it was a Carrier issue and not a FMCSA regulatory issue? Several drivers offered specific text from the FMCSA clarifying the use of personal conveyance (driving while off-duty) without making much of a judgment on this matter. At least I know I didn't.

 

It has nothing to do with the carrier rules and everything to do with what the law says. If you choose to disregard the law, then that's fine. If you want to run overheavy, and say screw it, then that's your thing. If you run outside the HOS, then that's your thing. If you choose to drive over the speed limit, then that's your thing.

But don't come in here and insult the people who are letting this guy know what the actual law says, the law says you can't do it, and that's that.

 

I know I merely stated that it was illegal. Never stated that I didn't do it. And I'll plead the fifth if asked

 

I'm just saying my carrier has 250 trucks and has just as much at stake as me or Swift or some owner operator, and they allow it (line 5 driving in special situations, loaded or empty) and they've no doubt been audited on numerous occasions. You do the math.

The law say you can't drive over 65 east of Memphis, yet drivers do it all the time and cops regularly let them go at 68-70. So what gives? Shouldn't you have them walk the plank? Are the cops "idiots" or are they being sensible?

Yes, the OP asked a question and I told him/her how me and my carrier deal with it. And the idea probably 70% or more of the trucking community on eLogs has a "line 5" option with certain stipulations, and who are routinely audited by internal and external auditors, apparently is lost on some you. But by all means, "live by the word, to the word" of the "Almighty HOS Rules" and if you think it says drivers must live without toilet and civil amenities for potentially up to 24 hours at a time in some cases, if it makes you feel good.

 

Answer (as already noted correctly): no.

You "can do it" is very different from "your company turns a blind eye to doing it," or "your company allows it as a matter of practise." Are your trailers loaded, as is the case presented by the OP, or did you skip over that part? The Guidance states "unladen." The FMCSA does not define unladen and some choose to interpret it as no load but can still have trailer attached and some choose to interpret it as bobtail. "A loaded trailer" is different... no interpretation required. Personal conveyance (line 5 driving) is not allowed by the regulations. Period. The fact that it hasn't been caught, or addressed is not relevant (unless your company has some special exception... which I doubt). Your company may get caught in the next audit, or they may never get caught (just like speeding). But the fact is there is no provision in the FMCSA Regulations for what you are saying they allow.