I went over my 11 last night by 8 minutes.

Every owned piece of property is Private property.

Public property is federal, state, county, etc

 

I think what they were saying is as long as you are sitting on private property, D.O.T. wont bother you? That is changing though as we saw in a recent post about D.O.T. being on the J parking lot getting a truck. Ohio will wake you up in a rest area and violate you, been doing it for years though.

 

What Ive been told by D.O.T. is that as long as you are sitting behind the control of the tractor, you dont even have to be moving, as long as you are sitting behind the steering wheel of the truck, you are on line three-driving or either on Line 4- On Duty. I was told that by Ohio D.O.T. in a rest area because I decided to lay my head over the wheel and take a nap. He did not cite me but he said when I stopped the truck, to get out from under the steering wheel or else I would be considered Driving or On Duty- depending on the officer and the circumstances.

I was also told by both companies I run elogs for that they could not do anything about driving time but they could probably find the lost time in other areas of the log to make up for it as long as the driving time dont go over but if it does, it just does. Just have to try to explain it away if you get checked. I dont think 8 minutes will matter much unless you make a habit of it?

Under the Original Rules, you could take up to 2 hours over your allotted driving time to complete your trip under extenuating circumstances but you had to take your full break afterwards. I dont know if they still have that or not? or even if it would apply in this situation or not?

 

Lol.... I'm also the king of the truck stop. I work nights and always pull out about an hour after filled.

When you spot the random hole in a packed truck stop, thank guys like us!!

 

If the brakes are set you the truck driver are allowed to sit in the driver seat Off Duty. They changed that years ago now. What was happening was daycab drivers don't have a sleeper to go into, would pull over and lie down for a nap, the old regulations required them to log that time On Duty. So everything was changed to include language, in a *parked* commercial vehicle the driver can be Off Duty in the driver seat.

 

I agree that this regulation actually exists. But do you have the actual reg? I've searched for it before but I can't to find it again.

 

Just so you know, a game warden could enter your property or, more likely, you could be observed from somewhere other than your property. An officer in witness of a crime can enter your property. If they were there for any official business they can enter your property ( canvassing the neighborhood, investigating a disturbance call etc...) As far as legal authority to file a complaint, anybody can file a complaint. People have gotten DUI while mowing their lawns with a beer in there hand.

 

Eight minutes that you are allowed to have. If you are driving around at a location that is on duty time not driving. The trick is you can only go four minutes driving before you have to switch it back to on duty. Once the computer goes past five minutes it's locked in on driving and you can't get that driving time put back to on duty time.

Either way I wouldn't worry about 8 minutes over.

 

I have moved the truck around numerous times in parking lots, customer locations, etc when out of hours. Sure the Qualcomm E-log pitches a fit, but no one is really concerned. I don't move far enough or fast enough to trigger it switching to driving line. On those rare occasions where I might, I am usually empty anyway and just go to Off Duty Driving and make the move.

Now with the new ELD regulation, any move greater than 32 ft will be recorded somehow. How that plays out, we'll have to see. The regulation does allow for shop moves and such. Yet another area where we will have to learn creative ways to side step.

 

E-Log Violator must receive 100 Lashes ....