Officer interupting a 10-hr break

Discussion in 'Trucking Industry Regulations' started by flatbeddin', Dec 30, 2008.

  1. MACK E-6

    MACK E-6 Moderator Staff Member

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    I think you're splitting hairs with this one. That's like someone just asking you what your hauling, answering him/her, and now feeling like you have to log that 10-15 seconds because it was work-related conversation. Who does that?

    You're obviously not "driving", no matter which door you answer, because as an officer could plainly see you're sitting still. You could be "off duty" unless the officer can easily tell you're sitting in a bad spot, as if to leave shortly. Just put "on duty". If you're parked in a good spot you have more options though. If it appears that you've made yourself comfy, as if to be there awhile, then put "off duty".

    The point is, don't sweat the small stuff.
     
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  3. rocknroll nik

    rocknroll nik High Risk Load Member

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    So you talk to the cop and go back to bed. That's what I'd do. It might be wrong but will they really check...
     
  4. Powder Joints

    Powder Joints Subjective Prognosticator

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    Once you have applied foryour twic card you will have access to the ports,you have to carry the copies they will give you with you. As far as answering the door do it from the passenger side and it really wont matter what you discuss with the cop. As long as you stay out of the drivers seat your alright. Dont ignor the knock onthe door, if he calls a tow truck your probably going to get stuck with the bill, no reason to push your luck. My Twic card took 6 days, but I already have had my hazmat and a clearence for Groomlake approved,domt know if this hurried it up

    Guess again,Legally if your sitting inthe driverseat of a running vehicle you are considered driving, if you are sitting in the driverseat of a commerical vehicle that is not running you are considered on-duty. You can only be off duty in the passenger seat, sleeper or out side of the vehicle. As far as a quick talk to the local cop if it is less thab 15 minutes you would not be required to chnge your duty status.
    I do totally agree with dont sweat the small stuff.
     
    Last edited by a moderator: Jan 5, 2009
  5. 2fuzy

    2fuzy Road Train Member

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    letter of the law you can not be of duty anywhere in the truck if in the pass seat would be on duty in the drivers seat in anyway is driving and you can only log sleeper in the sleeper
    so long short if Mr enforcement wants to he can hang you up for 10 if you open the pass door been there done that gotta luv KS ...not
     
  6. dynosaur

    dynosaur Light Load Member

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    I'm pretty sure that's not quite right. You can go off-duty and use the tractor to go home or simply as a personal vehicle. The only requirement is that you have to return to the point from which you went off-duty to restart your log. For example, companies that allow drivers that live outside a given radius being allowed to take the tractor home. You do not log any of it and are off-duty, sitting, driving, you name it.
     
  7. 2fuzy

    2fuzy Road Train Member

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    yes there is a personal exemption for what you state but you cannot be under load and use and you can't use that time in your 10 off etc.. the op question about being woke up in the middle of your 10 it would be hard to apply the personal use etc..see number 4 below a sleeper berth is pretty rigid in it definition and the cab doesn't count

    All this is splitting hairs but if a DOT man wants to hang you up they can most won't but if you get the one that can't tell badge from balls there you go

    CFR §395.2
    Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.
    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, other than driving time, in or upon any commercial motor vehicle except time spent resting in a 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, in order to comply with the random, reasonable suspicion, post-accident, 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.

     
  8. fx4wannabe

    fx4wannabe Light Load Member

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    So if you bobtail home on friday and go back to the same terminal monday you don't have to log any of the bobtail. Say for instance you bobtail from one terminal home for the weekend and then you are reassigned over the weekend to a different place then do you have to log the bobtail?
     
  9. 1pissedoffdriver

    1pissedoffdriver Account Retired at members request

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    i would not...

    But that depends on ''how far''

    but you can not take direction from me.i run 3 logs and run the way i feel ''comfortable''

    not what d.o.t. Tells me or m.a.d.d. Tells me...

    Sleep habits are very different for many people...i still run 5 on 5 sleeper then 5 on 5 sleeper...that works great for me.

    If i get a ticket and a fine ,oh well...

    At least i did not kill a family running my body the way ''they say''

    because the fact of the matter is ''who are they'''#### em
     
  10. RickG

    RickG Road Train Member

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    I know I've read somewhere that you are off duty going home but if you are called from home or are returning to the terminal to work , the trip from home to the terminal is on duty .
     
  11. oldcornbinder

    oldcornbinder Light Load Member

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    If you don't know who "they" are then you should trying doing some research on that subject and you will find that "they" are your pears. :smt072

    "They" have been forced to address these regulatory issues due to the harmful and fatal impact trucking has had on the motoring public in the past by outlaw truckers doing it their way.:biggrin_25510:

    "They" have been successful in reducing the fatalities caused by unsafe truck drivers with these rules of your pears. Now the majority of truck passenger vehicle accidents are caused by the passenger vehicle.:yes2557:

    Now we need to figure out how to get that percentage higher so that we, as professional drivers, show the motoring public that near accident free driving can be attained.:biggrin_25525::wav:
     
    Last edited: Jan 11, 2009
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