log says sleeper, but...
Discussion in 'Experienced Truckers' Advice' started by soon2betrucking, Mar 9, 2009.
Page 5 of 12
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Oh, I thought it was a state of being!
-
It is.
-
Why would the passenger seat of on duty? Couldnt it be off duty, you not near the driver seat and not working?? If I remember right I wanna say when I teamed and sat in the passenger seat for a bit I logged it off duty and was told its ok by company.. But I dont remember that was 2 years ago, and I have been known to forget a thing or two..... Hours of service and little technicalities are a bunch of bs. I mean come on, we can get a ticket for sitting in the drivers seat smoking a cig, or listening to the radio even when its very clear we are parked for the night? Ugh our government, and lawters just are just plain stupid and out to make everyones life difficult.
-
Hey DieselBear. Is that Jackie Gleason as Sherrif Buford T. Justis in you avatar/picture?
Your answers/posts are a riot sometimes. If all the cops were like you, us drivers would have it a lot better. Thanks man! -
Sorry to burst your bubble dude. You can legally log line 1 (off duty) when you are relieved of duty for any period of time over 7.5 minutes. You don't have to log it as sleeper or on duty, not driving. The key is not so much where in the truck you were, rather what your status was.
-
Where folks are getting in trouble on this issue is what their log book shows as their status.
If you show line 2 (sleeper) then technically you have to be in the sleeper. You can do an entire 34 hour restart sitting in the cab of the truck at your favorite truck stop and never log line 2. Of course, the sensible thing to do in that case, would be to alternate between lines 1 and 2 (4, 5, 6, or even 8 in the sleeper) during that period.
You can get out of the sleeper to use the restroom and not have to change your log book to reflect something other than line 2. I assume most of us can go to the restroom and back in less than 7.5 minutes. Course those of you who wear your pretty little red lace nighties with the black spaghetti straps and have to put your panties on, (ha ha) {I ain't talking about the ladies here either} it might take longer. -
Just make sure if you use your debit/credit cards, that you're logged on line 1 when you swipe it(or 4 in the case of fueling or scaling etc. you know actually on duty). I use my debit card all the time to help document the fact I was where I said I was when i said I was lol. -
Nope , you're wrong . You have to have written o.k. from your carrier to take off duty breaks . You can't relieve yourself of responsibility .
Wrong there too . Try to explain it if you are outside the truck , asked for your logbook , and it shows sleeper berth .
-
you guys aren't very good lawyers so I guess you are in the right profession...
nobody gets a ticket for being in the front seat unless they have really really pee'd in D.O.T's cherios and even then they would beat the ticket provided they were sitting in a truck stop as described.
so the cop rolls up and you are playing nintendo and he says, hey boy, you're logged in sleeper I'm writing you up !!!! lol
how many times have you personally (personally) ever seen a dot guy banging doors at the j???? get real.... who's kidding who here... unless his wife's car is parked next to your truck in an empty lot the D.O.T. doesn't go banging on doors.
but you say I'm off duty (and hopefully your company has given you a card stating such, I've worked three places and all three have given me a release card to carry with me.)
you argue back and forth over the fine particulars... but you aren't on duty, or driving the vehicle... that only leaves sleeper and off and he has to allow you by law to catch your book up current.
It's illegal to log in advance unless I'm going off duty for the remainder of my tour sir, which I'm not done for the day just yet, so I was just waiting for the clock to strike that quarter hour since its 9:55 and I only been here playing the game for 2 minutes. frivolous arguement... but you might as well play along and see who is dumber right?
1st hiccup:
Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.
If you ain't driving it, it ain't in operation. Sitting is not operating.
2nd hiccup
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;
(4) doesn't apply because you relieved from work.
3rd hiccup
§395.8 Drivers record of duty status.
(h)(1) Off-duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.
4th hiccup
§395.13 Drivers declared out of service.
(a) Authority to declare drivers Out of Service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in Appendix B to this subchapter) is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section.
(b) Out of Service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part. (they gotta catcha driving not sitting...)
(b)(2) No driver required to maintain a record of duty status under §395.8 or §395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior 7 consecutive days.
(b)(3) Exception. A driver failing only to have possession of a record of duty status current on the day (mines current till I got out of the bunk right?) of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.
ohhh you're right officer, can I borrow your writing tool real quick so I can currentize this and hand it back to you??? I got out of the bunk an hour ago and forgot to log the change of duty status. stuff happens eh? lol
I'm sure there is more... but please... read your book when your in your other sleeper, the one with the steering wheel...
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 5 of 12