It would be off duty assuming you had no trailer, and were not under the control of the carrier. But you still must report the miles on your document where you report your miles driven under IFTA. One suggestion however would be that you show the IFTA miles as personal use miles. That way when the carrier is audited by the state(s) by IFTA or the FMCSA, there would be a reasonable explanation why there were more miles on the mileage report than on the log. That way the IFTA taxation people from the individual states get their money, & the FMCSA cannot accuse you or the carrier of falsification of the RDS.
Remember, IFTA rules say the odometer reading on the milage report must be consecutive. This not only means state to state, but day to day as well. I know of a carrier in Buffalo, NY that was fined $54,000.00 plus the tax on a bunch of unreported miles by the IFTA people in NY, and Ontario, Canada. The O/O's, mostly Canadian, would take an M T trailer from Buffalo home with them to Ontario. They'd drop the trailer at that truck stop along Lake Ontario on the QEW, then bobtail home sometimes 30-miles one way & not report those miles. The carrier because of contractual agreement split the fine & taxes (the carrier paid the first $25.00 of the taxes by contractual agreement but none of the fine) between the O/O's that failed to report all their miles.
34 Hour Restart
Discussion in 'Trucking Industry Regulations' started by LogsRus, Jun 4, 2007.
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Sorry if I confused you
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driving is defined as being behind the controls of a commercial motor vehicle? Depends on the mood of the state trooper? This is another reason why I am fighting for removal of the 34 hour restart requirement? (see my other thread about civil rights)?
I never drive anywhere on a 34 hr restart (bobtail), because you can't give state police your opinion? They do not run a democracy. So you can drive a rental car (if it is a non-commercial vehicle), but not bobtail? Welcome to the wonderful world of the FMCSA? -
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that dont mean it is right
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