Falsification

Discussion in 'Trucker Legal Advice' started by Window licker, May 2, 2016.

  1. breadtrk

    breadtrk Heavy Load Member

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  3. tucker

    tucker Road Train Member

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    We get detention pay after 2 hours. It's not too hard of work to play in the sleeper.
    You can rest while you're being loaded and then drive to a truckstop and take your 10 hour break and rest some more,
    If the shipper took so long that the unload time needs rescheduled, it will be.
     
  4. Out of line

    Out of line Bobtail Member

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    I'd be happy if my safety department "found" some extra hours to drive. Especially if it meant the difference between getting a load or not.
     
    alghazi Thanks this.
  5. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    Ears work fine. Guy came to ask a question. No whinning involved. Just wanted to know legalities. You called him a pansy and started complaining about him. Sounds like you were whinning to me.
     
  6. ZVar

    ZVar Road Train Member

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    You tell us. Was it falsification? Were you on-duty performing work related activities, or were you in the sleeper waiting to get unloaded? If you were in the sleeper, yes that can be changed to Sleeper Berth as you are not performing any work related duties. If you were in fact working though, like unloading or even supervising the unloading (more common on flatbeds, not reefers) you were on-duty. So the question becomes what were you actually doing in that time?

    -Steven
     
    Bean Jr. Thanks this.
  7. JC1971

    JC1971 Road Train Member

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    Is the DOT looking for a minimum amount of on duty time at shippers and receivers? Someone mentioned 30 minutes when you can walk into the office, get a door, and be backed in and shut down in 10 minutes. I read on another thread how a driver was cited for falsification for not staying on duty for the time he was backed in to the dock.

    And changing on duty time to off duty is probably a good way to catch a manslaughter charge or worse if you get involved in a fatal accident when you should have been shut down whether or not it was your fault.
     
  8. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    I used to stay on line 4 @ shippers/recievers, but I was paid detention in 15min increments past 1hr. Safety made us log it if we wanted pay for it. But I reset @ home every weekend, only turned about 2k a week, so my stop/detention pay was normally 20-25% of my check.
     
  9. alghazi

    alghazi Road Train Member

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    If you were actually on-duty, then changing it to off-duty would indeed be falsifying your logs. The question is: What were you doing during that period of time?
     
    Bean Jr. Thanks this.
  10. Brandt

    Brandt Road Train Member

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    If you go in sleeper you can log sleeper. If you sitin drivers seat that would be on duty. Any time waiting to load or unload is on duty or supervising the loading or unloading. You can sit all day at loading dock in the sleeper and that's legal
     
  11. pattyj

    pattyj Road Train Member

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    Sioux City,ia
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    So much for elogs being the untimate solution to safe driving,companies can edit them anytime they desire.
     
    25(2)+2 and Bean Jr. Thank this.
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