off-duty drive time

Discussion in 'Trucking Industry Regulations' started by burke, Apr 11, 2015.

  1. nax

    nax Road Train Member

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    LMAO...

    I did NOT see that one coming...
     
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  3. Zackm81

    Zackm81 Bobtail Member

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    The regulation states that a CDL is required to operate a commercial vehicle if you are making income off that vehicle. No where is there a regulation that states you have to have a CDL to Drive a commercial vehicle even if your not getting paid. The loophole is unladen is driving and Laden is operating.
     
  4. Zackm81

    Zackm81 Bobtail Member

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    My PTO switch keeps coming and revving my engine up to 1200 rpms. I don't have a PTO on my truck. So there is a fuse or relay sending it power. I need to remove it. It just started doing it a hour ago.
     
  5. ZVar

    ZVar Road Train Member

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    Flint, MI
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    Again, wrong. While some states define CMV's differently, once it gets to the definition of CMV and meets the weight requirements (26,001, power unit, 10,001 trailer) a CDL is required. And here is the guidance for it

    Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a Commercial Motor Vehicle (CMV) from the last stop to home and not show that time on the time cards?

    Guidance: The Federal Motor Carrier Safety Regulations (FMCSRs) do not address questions of pay. All the time spent operating a Commercial Motor Vehicle (CMV) for, or at the direction of, a motor carrier must be recorded as driving time.
     
    scottied67 Thanks this.
  6. scottied67

    scottied67 Road Train Member

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    Has nothing to do with whether you are paid or not, but how much does the vehicle weigh.
     
  7. Zackm81

    Zackm81 Bobtail Member

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    Well, obviously the driver in that question has already obtained his cdl and is still enroute to complete his dispatch to the "home terminal" location....

    A tractor doesn't weigh 26000 pounds so, there is no cdl required to drive a semi truck anywhere. Even if it has air brakes. I don't know about yours but, my truck and trailer together with flatbed equipment weighs 30200.
     
  8. Zackm81

    Zackm81 Bobtail Member

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    And yes regulations regarding pay do exist. All commercial vehicles, weighing under 26000 pounds only require a license if it is being used to make money with. Vans, hotshot trucks, etc... Hence the whole point in Personal Use with no mileage regulations. There is no law saying you have to have a cdl to purchase one either. Just a valid driver's license.
     
  9. ZVar

    ZVar Road Train Member

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    Flint, MI
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    Then point them out. Hint: don't take too long to find it, it's not there.
    But if you want to be put OOS then don't come crying here.
     
    Last edited: May 27, 2018
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